Terms and Conditions

Terms of Use: July 1, 2021

Intro:

Raspberry Creek Fabrics, LLC (“RCF”) is a Utah limited liability company. You are bound to these terms, and revisions to terms, as a condition of using RCF’s website, services, products, and the like. If you disagree with terms, then you may contact us for revision of specific terms relevant to your use, which terms must be agreed to in writing. Otherwise, if you disagree with any of the terms, then you may not use RCF’s website, services, products, and the like. Terms will change from time to time. You are responsible for reviewing terms each time you engage with us. Your use of RCF’s website, services, products, and the like constitutes your express acceptance of all terms. Please contact us at: justin@raspberrycreekfabrics.com with any questions. 

Users in the United States must be 13 years or older; users in the European Union must be 16 years or older. Services are not directed toward minors and no information is collected about  minors.  

Shipping:

Once we deliver your order to the shipment carrier the sole risk of loss transfers to you. You are solely responsible for all shipping, customs, and other charges. 

Account: 

Use of an account and password on our site requires that you log out after each session and keep your password confidential. You must immediately notify us if you suspect that your password was compromised. We are not responsible for failure to abide by these conditions. 

You agree that RCF has the sole, uncontestable right to terminate your account for any reason, at any time, without any claim for damages whatsoever. 

Content

We use an automated process for printing and cannot individually review each submission for content. Yet, we reserve the absolute unqualified, unconditional right to reject or remove any content that does not meet standards for legality, obscenity, and our own subjective sense of decency. Our printing of your submission does not constitute an endorsement of your content. You remain completely responsible for the content of your submissions. 

Be aware that third parties take content from our site for re-posting, this may include your profile picture and other information you post publicly on our site. You agree to hold RCF harmless from any dispute and explicitly waive any claims for losses, damages, or injuries related to content posted on our site concerning third parties taking content from our site and re-posting it elsewhere.  

Intellectual Property

You retain all intellectual property rights to content uploaded to our site. You grant RCF a royalty-free, non-exclusive, worldwide license for reproduction, printing, advertising and the like for uploaded content. This means we can print product using your content, advertise products displaying your content, etc. You may offer your content for sale by agreeing to our Content Creator’s Agreement and receive a royalty, based on the terms of that Agreement. 

You represent and warrant that: you have the legal right to reproduce and distribute content you upload, that no intellectual property right will be violated, you are in compliance with all relevant law, regulation, and case law, that you have the lawful right to reproduce and distribute such Content; you are not misrepresenting any person or entity, your content does not contain any code/file/program that collects data/interferes with our processes, etc. 

Please email justin@rammell-law.com with any questions about intellectual property or the suspected infringement of your intellectual property rights. 

Privacy

We collect and store personal information on this site. We do not sell or share this information outside of RCF other than sharing with partners for RCF related marketing. We will share your personal information if there is a claim of you violating intellectual property rights or other illegal activity. We will retain that information for so long as necessary for the proper adjudication of the dispute. 

General Indemnification and Waiver. 

You shall indemnify, defend, and hold harmless RCF, its employees, owners, officers, agents, subsidiaries, and the like from all claims, demands, and damages, whether actual or consequential, and explicitly waive any claim, known or unknown, suspected and unsuspected, disclosed and undisclosed, airing out of your use of this site and the terms of this Agreement. 

DISCLAIMER 

YOU USE THIS SITE AT YOUR SOLE RISK. ALL PRODUCTS ARE OFFERED “AS IS” AND “AS AVAILABLE.” ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED INCLUDING BUT NOT LIMITED TO TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY. 

WE DO NOT WARRANT THAT OUR SERVICE IS TIMELY, SECURE, OR ERROR FREE, THAT OUR PRODUCTS MEET YOUR QUALITY STANDARDS, OR THAT DEFECTS WILL BE CORRECTED/REFUNDED. 

LIABILITY IS LIMITED TO THE EXTECT PROVIDED BY LOCAL LAW IN OUR FAVOR. YOU AGREE THAT UNDER NO CIRCUMSTANCE THAT RCF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF USE OF THIS SITE OR PRODUCTS PURCHASED ON THIS SITE. YOUR SOLE RECOURSE IS A REFUND AFTER A RETURN OF THE PRODUCT AT YOUR OWN EXPENSES IN UNCUT, UNWASHED CONDITION WITHIN 3 DAYS OF DELIVERY. ANY CAUSE OF ACTION AGAINST RCF IS FOREVER BARRED AFTER 1 YEAR FROM WHEN THE CAUSE OF ACTION AROSE (NOT DISCOVERED). RCF IS NOT LIABLE FOR ACTS OF GOD OR OTHER FORCE MAJEURE EVENTS. 

JURISDICTION AND VENUE, ETC.

This Agreement is subject to State of Utah law, with jurisdiction in Salt Lake County without reference to conflict of law provisions. Should a court find that any provision of this Agreement is unlawful for any reason, then that provision is stricken, and all remaining provisions shall remain binding. You agree that any claim or cause of action arising out of or related to your use of the site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred