Muddy Girl Jersey Fabric
100% Polyester Tricot
5.5 OSY, Brushed and Sheared
Sold by the yard. 57″ cutable width
Sold only in Muddy Girl
TERMS & CONDITIONS
BEFORE PURCHASING FABRIC FROM US, READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT RESTRICTS YOUR USE OF OUR FABRICS TO YOUR PERSONAL AND NON-COMMERCIAL USE. IF YOU WOULD LIKE TO MAKE AND SELL OFFICIALLY LICENSED PRODUCTS PLEASE CONTACT US TO DISCUSS OUR OFFICIAL LICENSING PROGRAM.
This agreement (“Agreement”) governs your use of the fabrics sold on this website (the “Fabrics”). By purchasing Fabrics from us, you hereby enter into this Agreement with us and you agree to be bound by the Agreement’s terms. Throughout this Agreement the terms “you” and “your” refer to the person that purchases or uses the Fabrics. Throughout this Agreement the terms “Moon Shine,” “we,” “us,” or “our” refer to Moon Shine, L.P., Damian Mantis Productions LLC (hereinafter “Moon Shine”). A reference to the “parties” includes both you and us. If you do not agree to the terms contained in this Agreement you may not purchase Fabrics from us.
You acknowledge and agree that Moon Shine’s Fabrics display our copyrighted patterns and registered and unregistered trademarks which are the intellectual property of Moon Shine (the “Moon Shine IP”).
- You acknowledge and agree that by purchasing or using our Fabrics you will not acquire any rights in the Moon Shine IP, or in any other trademarks or copyrights owned by Moon Shine, and that all use of the Moon Shine IP by you shall inure to our benefit. You agree that you shall not, directly or indirectly in any manner whatsoever, during the term of this Agreement or after, attack or challenge (i) the validity of our ownership of the Moon Shine IP; (ii) our registrations of the Moon Shine IP; or, (iii) the validity of the license granted to you in this Agreement. You will never claim that you own the Moon Shine IP, you will not make copies of the Fabric and you will not develop or use trademarks that are identical, or similar, to our trademarks or that in any other manner are likely to cause consumer confusion with our trademarks.
- We hereby grant you a non-exclusive royalty free license, subject to the provisions of this Agreement, to use the Moon Shine IP in connection with your use of the Fabrics that contain the Moon Shine IP.
- You may use the Fabrics that bear the Moon Shine IP only for your personal and non-commercial use. You may not create products that you sell (or permit a third party to sell) or give to third parties except for incidental gifts given to family and friends. You may not sell or give away any products made with the Fabrics at any retail store, craft show, trade show or online store including, but not limited to, Etsy.com, Ebay.com or Amazon.com
- This Agreement, and the license granted herein, shall remain in full force and effect for as long as you own the Fabrics or any item you create using that Fabrics.
- You may not use any of our trademarks including, but not limited to, MOON SHINE, MUDDY GIRL, WILDFIRE, CAMO COUNTRY, TOXIC, HARVEST MOON, UNDERTOW or LIFESTYLE CAMO in any manner whatsoever.
- You agree at all times to maintain high quality standards for any products you are permitted to make using the Fabrics under the terms of this Agreement which standards shall be no less than the same high standards of quality that have been previously maintained by us and which the trade and public have come to associate with the Moon Shine IP. In connection with your use of the Fabrics, you agree to comply with all material federal, state and local laws, and governmental orders and regulations, in all material respects, as they all may be in effect from time to time.
- You agree to indemnify, defend and hold harmless Moon Shine and its affiliates from and against any and all claims, demands, actions, investigations, costs, liabilities, damages or losses, including without limitation, reasonable attorneys’ fees and expenses, incurred or suffered by Moon Shine or its affiliates directly or indirectly in connection with (i) your failure to strictly abide by the terms of this Agreement; (ii) any and all use of the Fabrics by you; and (iii) any item you create with the Fabrics. This indemnity shall include any and all claims brought by your agents, servants, workmen, or employees and shall not be limited by the provisions of any Workers’ Compensation act or similar statute.
- YOU ACKNOWLEDGE AND AGREE THAT THE FABRICS ARE PROVIDED TO YOU “AS-IS” WITH NO WARRANTY OF ANY KIND AND THAT WE SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- You acknowledge and agree that we will not be liable to you for any damages whatsoever that you, or any third party, incur or suffer as a result of your use of the Fabrics or any products you create with the Fabrics, whether in contract, tort or otherwise, even if we have been advised of the possibility of such loss or damages. You agree not to sue Moon Shine or its affiliates for any such claims.
- The license granted to you, any other rights provided to you under this Agreement or any obligations imposed on you under this Agreement are not assignable and shall not be assigned by you, or by operation of law. You may not grant any sublicenses of your rights under this Agreement.
- Nothing contained in this Agreement shall in any way be construed to create an agency relationship, partnership or joint venture between the parties, and you shall have no power to obligate or bind us in any manner whatsoever.
- This Agreement, whenever called upon to be construed, shall be governed by the laws of the Commonwealth of Pennsylvania, and venue shall lie in Snyder County, Pennsylvania. You agree to be subject to the jurisdiction of the state and federal courts of Snyder County, Pennsylvania.
- No waiver by either party of a breach or a default hereunder shall be deemed a waiver by such party of a subsequent breach or default of like or similar nature.
- If a provision of this Agreement is declared invalid in whole or in part, for any reason, by any court, governmental agency, body or tribunal, then the remaining provisions of the Agreement shall remain in effect.
- This Agreement represents the entire understanding between the parties hereto with respect to the subject matter hereof and this Agreement supersedes all previous representations, understandings or agreements, oral or written, between the parties with respect to the subject matter hereof and cannot be modified except by a written instrument signed by the parties hereto.
By indicating your agreement with these terms and purchasing Fabric from us, you agree to be bound by this Agreement.