Terms & Conditions

SITE TERMS OF USE

Last Updated or Modified: May 11, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE OR CLICKING TO ACCEPT AND AGREE TO BE BOUND SHALL BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

1.  ACCEPTANCE OF THE TERMS OF USE

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are a legally binding contract between you and Silhouette School Inc. (the “Site Owner”, the “Company”, “Silhouette School”, “Silhouette U”, “we” or “us”). They govern your access to and use of http://www.silhouetteu.myshopify.com (the “Site”), including the terms of use relating to the online content provided free of charge (“Free Content”), and the online content subject to payment (“Paid-for Content”), along with any other content, functionality and services that the Site Owner will provide or offer to you (the “User”, or “you”) on or through the Site, whether as a guest, customer, or registered member, including without limitation the mobile message service (the “SMS/Text Messaging Service,” and together with other services, the “Services”). By using this site or by clicking to accept or agree to these Terms of Use, you accept and agree to be bound by these Terms of Use and our Privacy Statement, incorporated herein by reference.

If you have any questions, you should contact the Site Owner at members@silhouetteu.com.

2.  CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.  We may modify or cancel the Services or any of their features without prior notice.

Your continued use of the Site following the posting of revised Terms of Use or the effective date of such change of Services, whichever is earlier, means that you accept and agree to the changes. You are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding on you.

3.  REGISTRATION, PASSWORDS AND ACCOUNT SECURITY

The Site is a platform that provides Free Content and Paid-for Content, with a free 7-day trial period for the Paid-for Content. More information about our Paid-for Content can be found here. To access the Site and some of the resources it offers, you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to and on the Site be correct, current and complete. By using the Site, you consent to the Site Owner collecting and using your personal information in accordance with the Site Owner’s Privacy Statement. You can read the Privacy Statement here. You do not have to register to access the Privacy Statement.

If you wish to access the Paid-for Content, including during the free 7-day trial period, you will be asked to provide the Site Owner with accurate, complete registration information, including contact details, and it is your responsibility to update and maintain this information. The Site Owner is entitled to rely on this information to provide Paid-for Content. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You will be required to create a password in a format specified by the Site Owner.

By registering with the Site, you agree not to disclose your password to any other person or entity and shall ensure that your password remains confidential at all times. In the event that you know or have a reasonable suspicion that a third party knows your password, you must notify the Site Owner immediately by contacting the Site Owner at members@silhouetteu.com. If the Site Owner has reasonable grounds for believing that you have misused or are misusing your password, the Site Owner may require you to change your password or may suspend your use of the access to the Site, including Paid-for Content, until such time as the Site Owner is satisfied that the security of the Site is no longer compromised by your activities.

To create and maintain your account with the Site, you must agree to and abide by the following rules:

• You must be 18 years of age or older.
• You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
• If you are using the Site in the course of business, you are also agreeing to these Terms of Use on behalf of such business. Each account authorizes only one user, regardless of whether it is a business account.
• If you do not agree with these Terms of Use, or are not authorized to do so, you should not use the Site
• You are solely responsible for:
• Your account and any activity on your account.
• Making all arrangements necessary for you to have access to the Site.

You also agree to sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us , at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4.  SMS/Text Messaging Service

By consenting to the SMS/Text Messaging Service, you agree to receive recurring SMS/text messages from and on behalf of Silhouette School through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.  Text messages may be sent using an automatic telephone dialing system or other technology.  SMS/Text Messaging Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).  Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).  You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with us.  Your participation in this program is completely voluntary.

We do not charge for the SMS/Text Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.  Message frequency varies.  Message and data rates may apply.  Check your mobile plan and contact your wireless provider for details.  You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the SMS/Text Messaging Service at any time.  Text the single keyword command STOP to +1 (866) 699-2784 to cancel.  You will receive a one-time opt-out confirmation text message.  No further messages will be sent to your mobile device, unless initiated by you.  For Service support or assistance, text HELP to +1 (866) 699-2784 or email members@silhouetteu.com.

We may change any short code or telephone number we use to operate the SMS/Text Messaging Service at any time and will notify you of these changes.  You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the SMS/Text Messaging Service are not liable for delayed or undelivered messages.  You agree to provide us with a valid mobile number.  If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS/Text Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or the SMS/Text Messaging Service.

5.  FEES

In addition to the Free Content, a subscription for Paid-for Content is available to Users, including a one-time free 7-day trial period for new members. The Site Owner reserves the right to vary the content and does not guarantee that the Free Content will remain free of charge, or that the Paid-for Content will remain a paid-for service. 

You may purchase a membership to access our Paid-for Content and other benefits. More information on our subscription plans is available here. Each membership option is subject to subscription fees (“Fees”). You will not be billed until the end of the free 7-day trial period.

You agree to pay any Fees at rates in effect when the charges are incurred. You must provide the Site Owner with complete and accurate payment information. You may pay for a subscription or any Paid-for Content through our third-party payment processor identified on the Site.

By submitting credit or debit card details to the payment processor for the Site Owner, you warrant that you are entitled to make a purchase using those payment details. In the event of an unauthorized payment, the Site Owner reserves the right to suspend or terminate your access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Site Owner may immediately terminate or suspend access to any Paid-for Content and/or the Site. The Site Owner will try to cause its payment processor to process your request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to you by any specified time.

Having paid the Fee for a membership, you will have no right of cancellation other than the right to terminate the supply of Paid-for Content that you receive through your subscription. This does not affect your statutory rights. If you wish to cancel your subscription, your membership will terminate at the end of the original term of such subscription, or, if you cancel your subscription during the free 7-day trial period, your membership will terminate immediately upon cancellation, and you will not be billed. Subject to applicable law, no refunds, partial refunds or exchanges will be offered for early termination or cancelled subscriptions. You will be auto-billed and your subscription term will be automatically renewed for the same term length as the original subscription term unless otherwise cancelled prior to the end of the original subscription term.

6.  INTELLECTUAL PROPERTY AND LIMITATIONS ON USE OF THE SITE

All content and Services provided by the Site Owner belong to the Site Owner or are licensed to the Site Owner. The Site Owner or its licensors own all the intellectual property rights in the content and Services. The content and Services provided are solely for your personal use, and we grant you a limited, non-exclusive, non-transferrable, non-sublicensable right and license to use the Site, download files from the Site and store files from the Site on your computer for your personal use only. Your computer may also temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes.

Except as otherwise expressly permitted herein, you must not sublicense, distribute, sell, supply, publicly display, reproduce, republish, download, store, transmit, modify, create derivative works of, adapt, amend, incorporate, merge, or otherwise alter any content or Services provided by or through this Site with the exception of the commercial use files in the Silhouette U Design Library, which may be used commercially on physical goods made and sold only if downloaded by a user when such user was a registered member of Silhouette U. Commercial use files may not be re-sold in digital format and may not be mass produced under any circumstances. You must not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or Services. You must not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Site Owner or its licensors or otherwise relating to the Site.

No right, title or interest in or to the Site or any content on the Site is transferred to you by these Terms of Use, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark or other laws.

In addition to the foregoing, you must not:

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text of any content.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this site.

7.  TRADEMARKS

The Company name, the term Silhouette School, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

8.  DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You understand that we cannot and do not guarantee, represent or warrant that any content or any file available for downloading from this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for restoration of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE AND ANY CONTENT OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE SITE OR SUCH OTHER SITES OR ANY CONTENT OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10.  INDEMNIFICATION

You agree to defend (at the Company’s option), indemnify and hold harmless the Company (including any of the Company’s employees, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including but not limited to any purchase of Paid-for Content from the Site, and any other use of the Site’s content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.

11.  PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, screen names or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm the Company or Users or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

You agree not to:

• Use any robot, spider or other automatic devise, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

12.  CONSEQUENCES OF BREACH OF THESE TERMS OF USE; MONITORING AND ENFORCEMENT

In the event that the Site Owner considers or determines, in its complete discretion, that you have breached, violated or contravened the Agreement (as defined below in these Terms of Use) or have otherwise demonstrated inappropriate conduct in the use of the Site or the content or Services, it reserves the absolute right to: (a) warn you that you have violated the Agreement and ask you to discontinue such conduct; (b) discontinue your membership of the Site and/or any other related Services, including without limitation Paid-for Content; (c) take measures (including terminating, suspending or restricting your use of the Site) to prevent you from using the Site or linking to the Site; and (d) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

13.  LINKS ON THE SITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14.  GEOGRAPHIC RESTRICTIONS

The owners of the Site are based in the state of California and the Shopify servers on which your information is stored is located in data centers across the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.  THIRD PARTIES

The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

16.  CHANGES TO THE SITE

We reserve the right to withdraw or amend this Site, and any Services or material we provide on the Site, including without limitation any content, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users.

We may update the content on this Site from time to time, but the Site’s content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

17.  INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information that we collect on this Site is subject to our Privacy Statement. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

18.  LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal, does not damage our reputation, and does not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send e-mails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

19.  GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any choice or conflict of law provision or rule. You and we agree that the appropriate, exclusive and convenient forum for any disputes related hereto shall be in any state or federal court located in the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. YOU AND WE HEREBY IRREVOCABLY WAIVE ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS AND WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THESE TERMS OF USE.

The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.

20.  ARBITRATION

At Company’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration before a sole arbitrator under the Rules of Arbitration of the American Arbitration Association.

21.  LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22.  WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23.  ENTIRE AGREEMENT

These Terms of Use and our Privacy Statement constitute the sole and entire agreement (the “Agreement”) between you and the Company with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

24.  YOUR COMMENTS AND CONCERNS

This website is operated by Silhouette School Inc., 305 Walker Way, Newark, Delaware 19711 (Attn: Gary Anderson, Registered Agent).

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to the Site Owner at members@silhouetteu.com.