Terms & Conditions

Terms of Use: 

Welcome to NeedlepointFix.  We are a subscription service that provides our members access to needlepoint videos and content streamed over the internet to certain internet-connected devices.

These terms of use govern your use of our service.

Acceptance of Terms of Use:  The terms of use govern your use of our service.  If you do not agree to our terms do not use our service.

Changes to Terms of Use:  NeedlepointFix may from time to time change these Terms of Use, including the Privacy Policy.  These changes will be effective immediately; provided however, for existing members , such revisions will be effective 30 days from the date of the revision unless otherwise stated.

Communication Preferences:  By using NeedlepointFix service, you consent to receiving electronic communication from NeedlepointFix relating to your account.  These communications may involve sending emails to your email address provided during registration, or posting communications on the NeedlepointFix service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment method, confirmation e-mails and other transactional information) and are part of your relationship with NeedlepointFix.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.  You should maintain copies of electronic communications by printing paper copies or saving an electronic copy.  You also consent to receiving other communications from us, such as newsletters about new NeedlepointFix features and content, special offers, promotional announcements and customer surveys via email or other methods.  If you no longer want to receive certain non-transactional communications, simply opt out of newsletter marketing.

Membership, Free Trials, Billing and Cancellation

Membership:  Your NeedlepointFix membership will continue month-to-month unless and until you cancel your membership or we terminate it.  You must have internet access and provide us with current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the NeedlepointFix service.  We will bill the monthly membership fee to your Payment Method.  You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Differing Memberships:  We may offer a number of membership plans, including free trials, special promotional plans or memberships including pay to view videos with differing conditions and limitations.  Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with NeedlepointFix by visiting our website and clicking on the “Your Account” link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

Your NeedlepointFix membership may start with a free trial. The free trial period of your membership lasts the specified term at sign-up.  For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. NeedlepointFix reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY NEEDLEPOINTFIX WEB PAGE (www.needlepointfix.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Billing

Recurring Billing:  By starting your NeedlepointFix membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the NeedlepointFix service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes:  We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. (For example, if you started your NeedlepointFix membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date as there is not a 31st of February.)  Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available on the NeedlepointFix website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your NeedlepointFix membership at any time if you are a member of a tier with monthly billing. You will continue to have access to the NeedlepointFix service through the end of your monthly billing period. If you have enrolled in a tier with an annual commitment, cancelling before one year will result in a cancellation fee equal to 4 months membership fee.  WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED VIDEOS OR PAY TO VIEW VIDEOS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page.

NeedlepointFix Service:

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the NeedlepointFix service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

The NeedlepointFix service, and any content viewed through our service, are for your personal and non-commercial use only. During your NeedlepointFix membership, we grant you a limited, non-exclusive, non-transferable, license to access the NeedlepointFix service and view videos and Pay to View Videos through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

We continually update the NeedlepointFix service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the NeedlepointFix service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the NeedlepointFix service without express written permission from NeedlepointFix and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the NeedlepointFix service; use any robot, spider, scraper or other automated means to access the NeedlepointFix service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the NeedlepointFix service; insert any code or product or manipulate the content of the NeedlepointFix service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the NeedlepointFix service, including any software viruses or any other computer code, files or programs.

The availability of videos and Pay to View Videos to watch will change from time to time. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. NeedlepointFix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video or Pay to View Video will vary based on a number of factors, including your location, available bandwidth at the time, the video or Pay to View Video you have selected and the configuration of your NeedlepointFix ready device.

This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE NEEDLEPOINTFIX AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the NeedlepointFix service. If your NeedlepointFix ready device is sold, lost or stolen, please deactivate the NeedlepointFix ready device. If you fail to log out or deactivate your device, subsequent users may access the NeedlepointFix service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Your Account” page of our website.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access

The member who created the NeedlepointFix account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the NeedlepointFix account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting NeedlepointFix Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer the NeedlepointFix service, NeedlepointFix implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the NeedlepointFix service, which includes accessing via NeedlepointFix ready devices or website.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the NeedlepointFix website and not through a hyperlink in an email or any other electronic communication, even if it looks official. NeedlepointFix reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. NeedlepointFix is not obligated to credit or discount a membership for holds placed on the account by either a representative of NeedlepointFix or by the automated processes of NeedlepointFix.

Disclaimers of Warranties and Limitations on Liability

THE NEEDLEPOINTFIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NEEDLEPOINTFIX SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEEDLEPOINTFIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NEEDLEPOINTFIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NEEDLEPOINTFIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, NEEDLEPOINTFIX READY DEVICES, AND NEEDLEPOINTFIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NEEDLEPOINTFIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property

Copyright. The NeedlepointFix service, including all content provided on the NeedlepointFix service, is protected by copyright, trade secret or other intellectual property laws and treaties