Conditions of Use

Welcome to our online store! Heaven and Earth Designs and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Heaven and Earth Designs or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Heaven and Earth Designs or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Heaven and Earth Designs, with copyright authorship for this collection by Heaven and Earth Designs, and protected by United States and International copyright laws. All of our charts are copyright protected as well and any electronic sharing is strictly forbidden and if occurs is prosecuted to the full extent of the law. You may not make copies of your charts (whether hard copy or pdf) and sell them, but you may make working copies for your own use.

TRADEMARKS

Heaven and Earth Designs trademarks and trade dress may not be used in connection with any product or service that is not Heaven and Earth Designs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heaven and Earth Designs. All other trademarks not owned by Heaven and Earth Designs or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Heaven and Earth Designs or its subsidiaries.

LICENSE AND SITE ACCESS

Heaven and Earth Designs grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Heaven and Earth Designs. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heaven and Earth Designs. You may not frame or utilize Charting techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) Heaven and Earth Designs and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing Heaven and Earth Designs name,trademarks or images without the express written consent of Heaven and Earth Designs. Any unauthorized use terminates the permission or license granted by Heaven and Earth Designs. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Heaven and Earth Designs so long as the link does not portray Heaven and Earth Designs, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Heaven and Earth Designs logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from Heaven and Earth Designs are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Heaven and Earth Designs and its associates attempt to be as accurate as possible. However, Heaven and Earth Designs does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Heaven and Earth Designs itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Heaven and Earth Designs ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Heaven and Earth Designs MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Heaven and Earth Designs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Heaven and Earth Designs DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Heaven and Earth Designs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Heaven and Earth Designs WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Heaven and Earth Designs, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Heaven and Earth Designs or its associates.

DISPUTES

Any dispute relating in any way to your visit to Heaven and Earth Designs or to products you purchase through Heaven and Earth Designs shall be submitted to confidential arbitration in Queensland, except that, to the extent you have in any manner violated or threatened to violate Heaven and Earth Designs intellectual property rights, Heaven and Earth Designs may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Consumer Affairs Tribunal. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Heaven and Earth Designs. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: info@heavenandearthdesigns.com

Welcome to the Heaven and Earth Designs.com website (the "Heaven and Earth Designs.com Site"), a website owned and operated by Heavenandearthdesigns.cm llc. The terms and conditions stated below, along with the policies and guidelines located throughout the Heaven and Earth Designs.com Site (collectively herein the "Terms of Use") identify what you, as a user of the Heaven and Earth Designs.com Site ("you" or "User") can expect from Heavenandearthdesigns.llc, its parent, subsidiaries, and affiliates (together referred to herein as "Heaven and Earth Designs.com"), and/or persons who provide products or services to Heaven and Earth Designs.com customers either directly or through Heaven and Earth Designs.com ("Heaven and Earth Designs.com Providers") and the Heaven and Earth Designs.com Site and what Heaven and Earth Designs.com in turn expects from Users. By visiting any area on the Heaven and Earth Designs.com Site, creating an account, making a purchase via the Heaven and Earth Designs.com Site or any eReader devices or applications distributed, sold or powered by Heaven and Earth Designs, downloading software or digital content (including applications developed by Heaven and Earth Designs or third parties) from the Heaven and Earth Designs Site, joining any Heaven and Earth Designs online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to Heaven and Earth Designs user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "Heaven and Earth Designs.com Services"), a User is deemed to have accepted the Terms of Use. These Terms of Use shall also apply to eBookstores operated by Heaven and Earth Designs.com. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Heaven and Earth Designs.com Site immediately. I. LICENSES AND RESTRICTIONS II. TRADEMARKS III. CONTENT IV. EXPORT V. PRICES VI. RISK OF LOSS VII. PRODUCT DESCRIPTIONS VIII. AGE OF USERS IX. TERMINATION OF USAGE X. INDEMNITY XI. PASSWORD AND ACCOUNT SECURITY XII DIGITAL CONTENT XIII. INTERACTIVE COMMUNITY XIV. NOTICES XV. DISCLAIMERS AND LIMITATION OF LIABILITY XVI. SEVERABILITY XVII. APPLICABLE LAW; JURISDICTION XVIII. DISPUTE RESOLUTION XIX. DIGITAL MILLENIUM COPYRIGHT ACT XX. ADDITIONAL TERMS AND CONDITIONS XXI. ACKNOWLEDGMENT XXII. MODIFICATION I. LICENSES AND RESTRICTIONS Heaven and Earth Designs.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Heaven and Earth Designs.com) of the contents of the Heaven and Earth Designs.com Site, which includes the Digital Content, as defined in Section XII, ("Content"). Additional terms and conditions apply to Digital Content and the Heaven and Earth Designs eReader Software, as those terms are defined in Section XII below, and User Created Content, as that term is defined in Section XIII below. Heaven and Earth Designs.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Heaven and Earth Designs.com Site so long as the link does not portray Heaven and Earth Designs.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to: modify, download (other than page caching, or with respect to Digital Content as set out in Section XII below), reproduce, copy, or resell the Heaven and Earth Designs.com Site, the Content or any portion or derivative thereof; commercially use the Heaven and Earth Designs.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Heaven and Earth Designs.com); copy or download any User's account or profile information for the benefit of any third party; enable high volume, automated, electronic processes that apply to the Heaven and Earth Designs.com Site or its systems, the Content or any portion or derivative thereof; use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Heaven and Earth Designs.com Site or its systems, the Content or any portion or derivative thereof for any purpose; interfere or attempt to interfere with the proper working of the Heaven and Earth Designs.com Site; bypass any Heaven and Earth Designs.com measures used to prevent or restrict access to any portion of the Heaven and Earth Designs.com Site, the Content or any portion or derivative thereof; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Heaven and Earth Designs.com; use Heaven and Earth Designs.com name, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from the Heaven and Earth Designs.com Site. The foregoing are expressly prohibited; the right to do any of the foregoing shall require Heaven and Earth Designs.com's express written consent (which may include a written agreement signed by an authorized representative of Heaven and Earth Designs.com). Any unauthorized use of the Heaven and Earth Designs.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Heaven and Earth Designs.com. II. TRADEMARKS Heaven and Earth Designs.com, Heaven and Earth Designs, Inc., or their respective parents, subsidiaries, or affiliates, or third parties from whom Heaven and Earth Designs.com has permission, own the trademarks or service marks that are used on the Heaven and Earth Designs.com Site and in connection with the Heaven and Earth Designs eReader Software. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Heaven and Earth Designs.com and its licensors may not be used without prior written consent of Heaven and Earth Designs.com or its licensor, as the case may be. Without limiting the foregoing, no Heaven and Earth Designs.com trademark or trade dress may be used in connection with any product or service that is not Heaven and Earth Designs.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Heaven and Earth Designs.com. III. CONTENT Proprietary Rights User acknowledges that the Heaven and Earth Designs.com Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and Heaven and Earth Designs.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Heaven and Earth Designs.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content and the Heaven and Earth Designs eReader Software, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content, including Digital Content and the Heaven and Earth Designs eReader Software, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software. Third-Party Content Heaven and Earth Designs.com is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XII below, supplied by third parties and Users. Heaven and Earth Designs.com has no editorial control over such Content. Heaven and Earth Designs.com is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XIII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Heaven and Earth Designs.com or any Heaven and Earth Designs.com Provider, unless expressly stated otherwise. Neither Heaven and Earth Designs.com nor any Heaven and Earth Designs.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the Heaven and Earth Designs.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Heaven and Earth Designs.com or any Heaven and Earth Designs.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Heaven and Earth Designs.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Heaven and Earth Designs.com Site. IV. EXPORT The Heaven and Earth Designs eReader Software, is "commercial computer software" or "commercial computer software documentation." The U.S. Government's rights with respect to the Heaven and Earth Designs eReader Software are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Heaven and Earth Designs eReader Software and the Heaven and Earth Designs.com Site that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Heaven and Earth Designs eReader Software or the Heaven and Earth Designs.com Site for any illegal purpose. Because the Heaven and Earth Designs eReader Software, the Heaven and Earth Designs.com Site, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or "re-export" (transfer) the Heaven and Earth Designs eReader Software or any Content, including Digital Content and User Created Content, unless User has complied with all applicable U.S. export controls. V. PRICES The price for an item on the Heaven and Earth Designs.com Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Heaven and Earth Designs.com Site. If the price for the item on the Heaven and Earth Designs.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Heaven and Earth Designs.com, Heaven and Earth Designs.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Heaven and Earth Designs.com. Any purchases of Digital Content, as that Term is defined in Section XII below, or from any third-party sellers on the Heaven and Earth Designs.com Site (e.g., sellers of products provided via Heaven and Earth Designs BookQuest LLC) may be subject to different policies in the event of an incorrectly priced item. VI. RISK OF LOSS With the exception of Digital Content, as that Term is defined in Section XII below, the risk of loss and title for all items purchased via the Heaven and Earth Designs.com Site pass to the User upon delivery of the item to the carrier. VII. PRODUCT DESCRIPTION The items offered for sale on the Heaven and Earth Designs.com contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Heaven and Earth Designs.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM HEAVEN AND EARTH DESIGNS.COM THAT IS NOT AS DESCRIBED ON THE HEAVEN AND EARTH DESIGNS.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE. VIII. AGE OF USERS Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Heaven and Earth Designs websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Heaven and Earth Designs websites, we will remove that information as soon as possible. IX. TERMINATION OF USAGE Heaven and Earth Designs.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Heaven and Earth Designs.com Site including any account thereon, without notice, for any reason in Heaven and Earth Designs.com's sole discretion, including without limitation violation of the Terms of Use, Heaven and Earth Designs.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Heaven and Earth Designs.com, any Heaven and Earth Designs.com Provider or another User. In certain cases, in Heaven and Earth Designs.com's sole discretion, Heaven and Earth Designs.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Heaven and Earth Designs.com Site has been terminated including the right to use, access or create any account thereon; (ii) that Heaven and Earth Designs.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice. X. INDEMNITY User agrees to indemnify and hold Heaven and Earth Designs.com and each Heaven and Earth Designs.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Heaven and Earth Designs.com Site, the Heaven and Earth Designs eReader Software as that term is defined in Section XII below, the Heaven and Earth Designs.com Services, breach of the Terms of Use or User's violation of any law or the rights of a third party. XI. PASSWORD AND ACCOUNT SECURITY Every User that has an account on the Heaven and Earth Designs.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Heaven and Earth Designs.com account using an old e-mail address, such User will not receive messages from Heaven and Earth Designs.com about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Heaven and Earth Designs.com account or within the Heaven and Earth Designs.com interactive community. XII. DIGITAL CONTENT Heaven and Earth Designs.com offers Users the ability to purchase or download digital content, ie Cross Stitch Charts (including applications developed by Heaven and Earth Designs or third parties), and other digital content as determined by Heaven and Earth Designs.com from time to time from and through the Heaven and Earth Designs.com Site (individually and collectively, "Digital Content"). Heaven and Earth Designs.com grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these Terms of Use. Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first open a Heaven and Earth Designs.com account; provide valid credit card information and the User's billing address to Heaven and Earth Designs.com; and install Heaven and Earth Designs's eReader software application (the "Heaven and Earth Designs eReader Software") onto their computer or electronic reading device(s), if such Heaven and Earth Designs eReader Software is not already preloaded. At the time of installation, Heaven and Earth Designs grants User a non-exclusive, revocable license to download and make personal, non-commercial use of the Heaven and Earth Designs eReader Software solely for the purpose of downloading, purchasing, accessing, reading and using Digital Content, all subject to the terms of the Heaven and Earth Designs eReader Software End User License Agreement. Use of your Heaven and Earth Designs eReader device, on which the Heaven and Earth Designs eReader Software is preloaded, is subject to Heaven and Earth Designs eReader device Terms of Service. You must register your nook™ by logging into your Heaven and Earth Designs.com account from your Heaven and Earth Designs eReader device prior to purchasing and/or downloading Digital Content. Heaven and Earth Designs.com reserves the right to automatically update, modify and/or reinstall the Heaven and Earth Designs eReader Software. The Heaven and Earth Designs eReader Software is subject to restriction and/or revocation for security purposes or other purposes as determined by Heaven and Earth Designs.com. There may be separate end user license agreements you may need to accept in connection with specific hardware or software you may use to interact with the Heaven and Earth Designs eReader Software. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Heaven and Earth Designs eReader Software. Your purchased Digital Content will be stored in, or accessible from, your NOOK Library on the Heaven and Earth Designs.com Site. You can access your NOOK Library by signing into your Heaven and Earth Designs.com account. You may also transfer the Digital Content from your NOOK Library to no more than a total of six (6) other electronic devices that you own. You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content. Only certain eBooks are eligible for lending. eBooks with an icon on their product pages indicate their eligibility for lending and will also have a "LendMe™" link in the customer's NOOK Library, once purchased. Under the LendMe™ feature, a customer who has purchased an eBook on the Heaven and Earth Designs.com Site may loan that eBook to only one person. Currently, the maximum number of times that an eBook can be lent is once per eBook title for a period of up to 14 days. During the lending period, the loaned eBook will be disabled in the lending customer's NOOK Library. After the lending period has expired, the eBook will be re-enabled in the lending customer's NOOK Library. The borrower must have a Heaven and Earth Designs.com account with a default credit card payment method for accessing the borrowed eBook. The borrower cannot lend the borrowed eBook to another person. Upon the expiration of the 14 day lending period, the loaned eBook will be disabled in the borrower's NOOK Library and the borrower will no longer be able to access it. The borrower cannot archive or delete a borrowed eBook. The borrower can only return the borrowed eBook to the lending customer. The borrower will be allowed to return the loaned eBook to the lending customer prior to the expiration of the 14 day lending period. The following types of Digital Content are not eligible for lending: digital audio books, digital magazines, digital newspapers, free eBook samples and Google books. Please note that customers who have the eReader Software installed prior to November 30, 2009, will need to upgrade the eReader Software in order to take full advantage of the LendMe™ feature. Digital Content is only available for purchase by Users with a credit card that has a United States billing address. By opening a Heaven and Earth Designs.com account for Digital Content, you represent and warrant to Heaven and Earth Designs.com that you reside in the United States and that you are capable of entering a contract under the laws of the United States. Heaven and Earth Designs.com reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from your NOOK Library, if for example, the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to your device[s] will not be affected. You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Heaven and Earth Designs eReader Software or Digital Content; (ii) create derivative works from or of the Heaven and Earth Designs eReader Software or Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Heaven and Earth Designs eReader Software or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party. XIII. INTERACTIVE COMMUNITY The Heaven and Earth Designs.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XIII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Heaven and Earth Designs Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature. Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Heaven and Earth Designs.com Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Heaven and Earth Designs.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Heaven and Earth Designs.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Heaven and Earth Designs.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question. Notwithstanding the foregoing, Heaven and Earth Designs.com assumes no responsibility for ongoing monitoring of the Heaven and Earth Designs.com Site or for removal or editing of any User Created Content, even after receiving notice. Heaven and Earth Designs.com assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. The Heaven and Earth Designs.com online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Heaven and Earth Designs.com does not specifically sponsor or endorse any of these sites or their services. You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Heaven and Earth Designs.com Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Heaven and Earth Designs.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Heaven and Earth Designs.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Heaven and Earth Designs.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same. Interactive Community Users may upload to or otherwise submit to Heaven and Earth Designs.com for distribution on the Heaven and Earth Designs.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Heaven and Earth Designs.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Heaven and Earth Designs.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Heaven and Earth Designs.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Heaven and Earth Designs.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Heaven and Earth Designs.com retains any and all rights which may exist in such User Created Content. XIV. NOTICES User consents to receive electronic communications from Heaven and Earth Designs.com, whether addressed to the e-mail address associated with such User's Heaven and Earth Designs.com account or posted on the Heaven and Earth Designs.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Heaven and Earth Designs.com Site satisfies any legal requirement that such communications be made in writing. XV. DISCLAIMERS AND LIMITATION OF LIABILITY Heaven and Earth Designs.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Heaven and Earth Designs.com Site or through the Heaven and Earth Designs.com Services, whether caused by Users of the Heaven and Earth Designs.com Site or the Heaven and Earth Designs.com Services or by any of the equipment or programming associated with or utilized in the Heaven and Earth Designs.com Site or the Heaven and Earth Designs.com Services, including the Heaven and Earth Designs eReader Software. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Heaven and Earth Designs.com. Profiles and third party applications created and posted by Users on the Heaven and Earth Designs.com Site may contain links to other websites. Heaven and Earth Designs.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Heaven and Earth Designs.com. Inclusion of any linked website on the Heaven and Earth Designs.com Services does not imply approval or endorsement of the linked website by Heaven and Earth Designs.com. When you access these third party sites, you do so at your own risk. Heaven and Earth Designs.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Heaven and Earth Designs.com Site or the Heaven and Earth Designs.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Heaven and Earth Designs.com is not responsible for the conduct, whether online or offline, of any User of the Heaven and Earth Designs.com Site or the Heaven and Earth Designs.com Services. Heaven and Earth Designs.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Heaven and Earth Designs.com is not responsible for any problems or technical malfunction of the Heaven and Earth Designs eReader Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Heaven and Earth Designs.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Heaven and Earth Designs.com Site or Services. Under no circumstances shall Heaven and Earth Designs.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Heaven and Earth Designs.com Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the Heaven and Earth Designs.com Services, from the Heaven and Earth Designs eReader Software, or from the conduct of any Users of the Heaven and Earth Designs.com Site or Heaven and Earth Designs.com Services, whether online or offline. The Heaven and Earth Designs.com Site and the Heaven and Earth Designs eReader Software are provided by Heaven and Earth Designs.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Heaven and Earth Designs.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, neither Heaven and Earth Designs.com nor any Heaven and Earth Designs.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Heaven and Earth Designs.com Site, or the information, Content, including Digital Content and User Created Content, the Heaven and Earth Designs eReader Software, and materials or products included thereon; (ii) that the Heaven and Earth Designs.com Site or the Heaven and Earth Designs eReader Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the Heaven and Earth Designs eReader Software, or merchandise provided through the Heaven and Earth Designs.com Site; or (iv) that the Heaven and Earth Designs.com Site, its servers, the Heaven and Earth Designs eReader Software, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of Heaven and Earth Designs.com are free of viruses, scripts, trojan horses, worms or other harmful components. Heaven and Earth Designs.com does not guarantee the continuous, uninterrupted or secure access to the Heaven and Earth Designs.com Site, the Heaven and Earth Designs eReader Software, or any related services. The operation of the Heaven and Earth Designs.com Site and the Heaven and Earth Designs eReader Software may be interfered with by numerous factors outside the control of Heaven and Earth Designs.com. Under no circumstances shall Heaven and Earth Designs.com or any Heaven and Earth Designs.com Provider be liable for any damages that result from the use of or inability to use the Heaven and Earth Designs.com Site, including but not limited to reliance by a User on any information obtained from the Heaven and Earth Designs.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Heaven and Earth Designs.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the Heaven and Earth Designs eReader Software, merchandise, and services available through the Heaven and Earth Designs.com Site. Neither Heaven and Earth Designs.com nor any Heaven and Earth Designs.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Heaven and Earth Designs.com Site, the Heaven and Earth Designs eReader Software, or the purchase or download of any Content, including Digital Content, or product therefrom, even if Heaven and Earth Designs.com or any Heaven and Earth Designs.com Provider have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights. XVI. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Heaven and Earth Designs.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. XVII. APPLICABLE LAW; JURISDICTION The Heaven and Earth Designs.com Site is created and controlled by Heaven and Earth Designs.com in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of Heaven and Earth Designs.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts. XVIII. DISPUTE RESOLUTION Any claim or controversy at law or equity that arises out of the Terms of Use, the Heaven and Earth Designs.com Site or any Heaven and Earth Designs.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Alternatively, at Heaven and Earth Designs.com's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. You are solely responsible for your interactions with other Users. Heaven and Earth Designs.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use. XIX. DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Heaven and Earth Designs.com, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Heaven and Earth Designs.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Heaven and Earth Designs.com to locate the material on the Heaven and Earth Designs.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Heaven and Earth Designs.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Teresita Rodriguez, Director-Legal Affairs, Heavenandearthdesigns.LLC, 1373 45th Ave SW Willmar MN 56201. Heaven and Earth Designs.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. XX. ADDITIONAL TERMS AND CONDITIONS In addition to the policies and guidelines located throughout the Heaven and Earth Designs.com Site, the following policies are incorporated into the Terms of Use: Copyright Policy: http://www.heavenandearthdesigns.cm/include/copyright.asp (also accessible via a link on the bottom of the Heaven and Earth Designs.com Site pages) Privacy Policy: http://www.heavenandearthdesigns.cm/help/cds2.asp?PID=25560 (also accessible via a link on the bottom of the Heaven and Earth Designs.com Site pages) XXI. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Heaven and Earth Designs.com regarding User's relationship with Heaven and Earth Designs.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation." XXII. MODIFICATION Heaven and Earth Designs.com reserves the right to make changes to the Heaven and Earth Designs.com Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on April 18, 2011. Click here to see a prior version of the Terms of Use.
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