Terms of Service

Terms of Use/License Information

PLEASE READ THE FOLLOWING TERMS OF USE/LICENSE INFORMATION AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/17/2017.


Site Transactions
In order to purchase any product or service made available through the Site, you might be asked to provide certain information relevant to your order. Such information may include your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Refund Requests
Due to the nature of my digital products, I do not offer refunds on ANY digital products. It is up to you to know how to use and load any file extensions that we create and you are licensed to use. We do not offer personal teaching on how to use your computer, device, design software, die-cutting machine, or embroidery machine. If you believe there is a problem with the file that we created please contact us either via our contact form, scoutandrosedesignco@gmail.com or at facebook.com/scoutandrosedesign and we will work to fix your issue ASAP.

If you make a purchase from our Store area you acknowledge that all products and materials are non-refundable and not returnable, under any circumstances. All sales are final.  

It is your responsibility to download the product immediately and securely backup all of your purchases. We are not liable for any loss or damage to products that occur after download or any customer’s inadvertent or mistaken download of a product (whether free or paid). For the safety of your purchase and personal information all emailed links will expire. IT IS RECOMMENDED THAT YOU DOWNLOAD YOUR PRODUCT(s) IMMEDIATELY AND BACK THEM UP WITH YOUR METHOD OF CHOICE. In certain instances may provide an online backup cloud account for access as a courtesy, but this should not be relied upon for purchase access. If you would like to discuss anything regarding this refund policy please message us at scoutandrosedesignco@gmail.com or facebook.com/scoutandrosedesign and we will get back with you ASAP

Contact/Correspondence Information

If for some reason that you need to contact us regarding any issue, any comment, or any question we reserve the right to set a specific amount of time that allows us to get back with you in order to provide the best customer service possible. We ask that you give us 5 BUSINESS days to respond to any correspondence. Please note that we are closed on Saturdays and Sundays and any MAJOR US Holiday. You can contact us at scoutandrosedesignco@gmail.com or facebook.com/scoutandrosedesign.

Commercial Use License

When you purchase one of our designs or memberships these are terms your Commercial License falls under:

You MAY make physical handmade products for sell. Our designs are intended for those that use die cutting machines like Silhouette Cameo & Cricut machines. You may use them for both personal and commercial use.

You MAY add your own text to our designs or add an element IF you are making a physical product to sell.

You MAY use our designs to create physical handmade products using the process of Sublimation such as shirts, bags, mugs, etc.

You MAY NOT make stencils or Sublimation transfer sheets and sell them with our designs. We retain the copyright to our digital designs. Purchasing our files does not give you the rights to do either of the mentioned above. We have future plans to sell stencils and sublimation transfer sheets with our designs.

You MAY NOT use ANY of my file/design packs including clip art on print-on-demand sites or large commercial sites like Amazon, JET, Wayfair, Zulily, Zazzle, CafePress, TeeFury, Printful, Society6, Spoonflower, etc.

 You MAY NOT digitize our files or fonts for embroidery.

You MAY NOT use our designs to create patterns intended to make your own fabric panels or pattern HTV/Adhesive Vinyl Sheets. We retain the copyright to our digital designs. Purchasing our files does not give you the rights to do either of the mentioned above. We have future plans to sell fabric and patterned vinyl with our designs.

You MAY NOT resell our digital designs in their original format or modify our digital designs with intent to resell. This means don't steal our Cut File Sets and sell them as Cut Files.

Let's clarify the statement above one more time: You MAY NOT make my designs available for digital download, resell or redistribute them as is or modified, in digital form.

All designs (c) Scout & Rose LLC - Scout & Rose LLC retains copyright of all digital items after purchase. Scout & Rose LLC has the right to update these terms at any time as needed.

Copying any of my designs or files is a direct violation of the International Digital Copyright Law.

Regarding Trademarks:

I do my best to keep up-to-date with any Registered Trademarks before creating any designs! Because of excessive new trademarks being applied for and registered daily, I can not guarantee that any phrases on my designs will not be a registered trademark. 

It is your responsibility and smart business practice as a small business owner to research the USPTO database to make sure your products do not infringe on a registered trademark. By purchasing any design or membership by Scout and Rose Design Co. you agree that you are responsible for your own business and Scout and Rose LLC will not be held liable with regards to trademarked phrases. You can always check the trademark database at www.uspto.gov 

If it is discovered that one of our designs contains a trademarked phrase or we are notified that one of our designs is a registered trademark we will promptly correct the issue as soon as possible by either 1. removing text from our design and keeping the clip art or 2. removing the design completely if there is not any remaining clip art to display and discontinue the listing. We will also remove the item in question from any of our back up Cloud Storage Systems members may have access to. This is non-negotiable. We will do this as often as possible to look out for our customers and our small family business! <3

if you see something questionable or something we may have missed please email us at scoutandrosedesignco@gmail.com


Terms of Use and Privacy Policy

By accepting this Agreement, you also accept our Terms of Use (http://www.scoutandrosedesign.com/terms-of-uselicense.html) and Privacy Policy (http://www.scoutandrosedesign.com/privacy-policy.html). Our Terms of Use set forth the legally binding terms for your use of the Services. Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy.

Copyright Information


All designs (c) Scout & Rose LLC - Scout & Rose LLC retains copyright of all digital items after purchase. Scout & Rose LLC has the right to update these terms at any time as needed.
The designs you purchase are only licensed for your own personal or small business use. Should you share them with or sell them to anyone, you are infringing on the Scout and Rose, LLC Terms of Use and Copyright.
Copying any of my designs or files is a direct violation of the International Digital Copyright Law. 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Scout and Rose, LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Scout and Rose, LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us (pursuant to 17 U.S.C. § 512(c)) the following information:
  1. a)  The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. b)  A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. c)  A description of the location of the site which you allege has been infringing upon your work;
  4. d)  Your physical address, telephone number, and email address;
  5. e)  A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. f)  And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

    Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.


The Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
Scout and Rose, LLC
5703 Memorial Blvd Suite D
Kingsport, TN 37664

Email: scoutandrosedesignco@gmail.com

REGARDING TRADEMARKS

I do my best to keep up-to-date with any Registered Trademarks before creating any designs! Because of excessive new trademarks being applied for and registered daily, I can not guarantee that any phrases on my designs will not be a registered trademark. 

It is your responsibility and smart business practice as a small business owner to research the USPTO database to make sure your products do not infringe on a registered trademark. By purchasing any design or membership by Scout and Rose Design Co. you agree that you are responsible for your own business and Scout and Rose LLC will not be held liable for your negligence as a business owner with regards to trademarked phrases. 
You can always check the trademark database at www.uspto.gov

If it is discovered that one of our designs contains a trademarked phrase or we are notified that one of our designs is a registered trademark we will promptly correct the issue as soon as possible by either 1. removing text from our design and keeping the clip art or 2. removing the design completely if there is not any remaining clip art to display and discontinue the listing. We will also remove the item in question from any of our back up Cloud Storage Systems members may have access to. This is non-negotiable.


Indemnification 

You agree to indemnify us and keep us indemnified against any loss, damage and/or costs (including all legal fees) which we may suffer or incur as a result of your breach of any terms applicable to your use of the Items. You agree to indemnify and hold harmless, Scout and Rose LLC, against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by yourself or anyone on your behalf, including attorney's fees and any related costs. 

All users herein agree to insure and hold Scout and Rose, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Contributions Made To Our Website
Scout and Rose, LLC (Scout and Rose Design Co.) provides an area for our users to contribute feedback to our website and post blog comments. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  1. a)  your contributions do not contain any type of confidential or proprietary information;
  2. b)  Scout and Rose, LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. c)  Scout and Rose, LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. d)  the contributor's Contributions shall automatically become the sole property of Scout and Rose, LLC; and
  5. e) Scout and Rose, LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. 

Modifications
Scout and Rose, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. 

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Scout and Rose, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. 

Links

Either Scout and Rose, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Scout and Rose, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. 

Release
In the event you have a dispute, you agree to release Scout and Rose, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. 


DisclaimersTHE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
Limitation on Liability

IN NO EVENT WILL SCOUT AND ROSE, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.


Exclusion and Limitations
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Third Party Beneficiaries 
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement. 


GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Scout and Rose, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Scout and Rose, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state Tennessee of without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Scout and Rose LLC, shall be filed within the courts having jurisdiction within the County of Sullivan, or the U.S. District Court located in said state. You and agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS
At any time, Scout and Rose, LLC should fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within the statute of limitations after said claim or cause of action arose or shall be forever barred.

VIOLATIONS
Please report any and all violations of this TOS to as follows:

Scout and Rose, LLC
5703 Memorial Blvd Suite D
Kingsport, TN 37664

Email: Scoutandrosedesignco@gmail.com