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Terms of Use Agreement

Welcome to DizzySheep.com. The Village Yarn & Fiber Shop, LLC provides an online store and community that focuses on selling yarn, fibers and other fiber art materials, subject to the following conditions.

Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “DizzySheep.com” or “us” or “we” or “our” refers to The Village Yarn & Fiber Shop, LLC ("TVY&FS"), the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.

1. Acceptance of Agreement

By using our site, you are agreeing to comply with and be bound by the following guidelines, terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. In addition, when you use any current or future TVY&FS service or business you also will be subject to the Agreement applicable to such service or business. If these conditions are inconsistent with such Agreement, the Agreement will control.

2. Electronic Communications

When you visit DizzySheep.com 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.

3. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

4. Trade Marks

Dizzy Sheep, Daily Dizzy Deal, Dizzy Deal of the Day,Bag of Knit, Blaaag and other DizzySheep.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TVY&FS in the U.S. and/or other countries. TVY&FS's trademarks and trade dress may not be used in connection with any product or service that is not TVY&FS's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TVY&FS. All other trademarks not owned by TVY&FS 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 TVY&FS.

5. Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

7. Linking to the Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DizzySheep.com, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) you not portray TVY&FS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TVY&FS logo or other proprietary graphic or trademark as part of the link without express written permission.

8. Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

9. Registration Account

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TVY&FS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use DizzySheep.com only with involvement of a parent or guardian. TVY&FS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

To order products or to post on the on-line community, the Blaaag™, you must create an account. Your account requires a valid email address and a password.

As part of the account creation process, an email confirmation message will be sent to the email address you supply; this email will contain a temporary password. It is recommended that dizzy@mail.dizzysheep.com be added to any email filter programs. If you do not receive a timely confirmation email response use the procedure below that describes recovering a forgotten password. After initial “Sign In” you will be prompted to create your own password.

Your account can be accessed via the “Account” link and contains your account email address and any voluntarily saved account information, such as shipping and billing addresses. Your password and saved account information can be changed via the account page. The account page also shows your recent order history.

Passwords are encrypted and can not be retrieved. If you forget your password, click the “Umm, I forgot…” link on the login page and on providing your account email address, a new temporary password will be sent to your account email address.

Credit card information is not stored in your account. See the Privacy Policy for more information.

10. Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

11. Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

12. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

14. Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

15. Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. TVY&FS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant TVY&FS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TVY&FS and sub-licensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TVY&FS for all claims resulting from content you supply. TVY&FS has the right, but not the obligation to monitor and edit or remove any activity or content. TVY&FS takes no responsibility and assumes no liability for any content posted by you or any third party.

Do not post any personal information.

16. On-line community – The Blaaag™

Our on-line community, The Blaaag™, is a typical web log format discussion area. You will find our Daily Dizzy Deals™ along with articles and links of interest. TVY&FS encourages everyone to post their comments, opinions, experiences, and share knowledge about each of our items. This will be the only forum where users can start new topic discussions.

To post on the Blaaag™ you must have an account.

DizzySheep.com staff posting on the Blaaag™ will be specially identified as an Administrator. Beware of anybody else who seems to speak for us.

Content restrictions are covered under Section 15 above.

Additionally,

  1. do not post fake reviews (good or bad) of a product you have not physically used or seen used firsthand. Feel free to post what you have heard, just try to be clear and upfront about it,
  2. do not post anything that is not safe for work, or safe for kids,
  3. do not include any graphics that are larger than 5K in file size,
  4. do not practice forum vandalism.

17. Products

TVY&FS attempts to be as accurate as possible with descriptions. However, TVY&FS 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 TVY&FS itself is not as described, your sole remedy is to return it in unused condition.

TVY&FS attempts to be as accurate as possible with color representations. However, since color representation is subjective and dependant on factors outside the control of TVY&FS, for example, lighting, display device, etc, there are no returns for color discrepancies.

TVY&FS attempts, but does not guarantee, to fulfill yarn orders of quantities greater than one of a particular color of with yarns of the same color dye lot.

Typically we sell one product, which may have multiple colors, styles or other variations, per day until the product is sold out or until 11:59 PM Eastern time. If a product or one of its variations is sold out, it will be marked as “Sold Out”.

Once a product offering is terminated, TVY&FS makes no guarantees that the product will be offered again. TVY&FS does not allow backorders, and does not provide for waiting or notification lists.

Occasionally, a product will consist of a mystery package. This package will contain one or more randomized items that are not revealed or described. Such packages and randomized items are not returnable.

18. Ordering

To order you must have an account. Click on the “I WANT IT!” button, select the quantity and then click one of the check-out buttons option. You can pay for your orders using VISA, MasterCard, American Express, Discover, or PayPal. Your credit card will be charged once we reserve sufficient inventory to fulfill and ship your order.

TVY&FS attempts to make sure that each item for sale is in stock. However, if we are unable to fulfill an order, we will credit your account for the charges related to the order and notify you by email.

19. Shipping

We typically ship products within 2-3 business days via USPS Priority Mail®. Your account page will list all your previous orders. Click on the order number to view the order status and any available tracking information for that order.

Note that all addresses are checked and reformatted to USPS addressing standards. If you receive a shipping address verification failure and are unable to provide an acceptable address for shipping, please contact us at orders@dizzysheep.com.

Currently, shipping is not available outside of the continental United States.

20. Payments

You represent and warrant that if you are purchasing something from us (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

21. Refund and Return Policy.

Our Refund Policy, as it may change from time to time, is a part of this Agreement. You must review this Return Policy.

22. Customer service

TVY&FS does not provide any support regarding the specifications, attributes or use of any of the products offered for sale.

Support regarding ordering, billing, delivery or returns (see TVY&F’s Return Policy) is available via email at orders@dizzysheep.com.

23. Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE, THEIR SERVERS, OR E-MAIL ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 24(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN E-MAIL OR THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

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.

24. Limitation of Liability

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable there from, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of a Covered Party.

(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

25. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

26. Third-Party Services

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

27. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

28. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy.

29. Links to other Web Sites

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

30. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claims of copyright infringement on the Site should be directed via e-mail to support@dizzysheep.com.

31. Information and Press Releases

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

32. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

33. Miscellaneous

This Agreement shall be treated as though it were executed and performed in Monroe County, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 23 and Section 24. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

34. Disputes

Any dispute relating in any way to your visit to DizzySheep.com or to products sold by TVY&FS through DizzySheep.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 shall be adjudicated in any state or federal court in Monroe County, New York, and you consent to exclusive jurisdiction and venue in such courts.

35. Site Policies, Modification, And Severability

Please review our other policies, such as our Return Policy and Privacy Policy, posted on this site. These policies also govern your visit to DizzySheep.com. 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.

36. Our Address

The Village Yarn & Fiber Shop, LLC
350 West Commercial Street
East Rochester, NY 14445
support@dizzysheep.com