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SewingMamas.com Terms and Conditions of Use
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF THE SEWINGMAMAS.COM WEB SITE.
BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ENTER THE SEWINGMAMAS WEB SITE.
1. GENERAL. Sewing Mamas LLC ("Sewing Mamas Admin") owns and operates the SewingMamas.com site (the "Site"). Your access to and use of the Site and its associated services, including any tools, discussions, boards, wikis, interactive areas, or other features, is subject to the following terms and conditions (the "Terms"). Sewing Mamas Admin may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your access to or use of the Site or any of its associated services following the modification of these Terms shall constitute your binding acceptance of and agreement to be bound by those modified Terms.
2.REGISTRATION. Registration is required to access and
use certain features of the Site. You must be at least 13 years of age to
register for use of the Site. By registering for the Site, you represent that
you are at least 13 years old. This Site is not directed at children under 13
years of age, and Sewing Mamas does not intend to collect any
personally-identifying information relating to any person under thirteen years
of age. You will select a username and password when registering to use the
Site. Sewing Mamas Admin has the right, but not the obligation, to reject,
change, disallow, or discontinue at any time any username that, in Sewing Mamas
Admin's sole unfettered discretion, is objectionable or inappropriate for any
reason. You are solely responsible for maintaining the confidentiality of your
username and password. You acknowledge and agree that you shall be fully
responsible for the use of and any acts undertaken or enabled by the use of your
username and password.
3.CONTENT. You acknowledge that the Site contains
information, software, drawings, designs, photographs, and other content and
materials that are protected by copyright, trademark or other intellectual
property rights of Sewing Mamas Admin or third parties. Unless otherwise noted
with respect to a particular item or items offered through the Site, you may use
the Site only for your personal, non-commercial purposes, and you may not
modify, publish, retransmit, create derivative works from or otherwise exploit
the Site or any of the contents thereof. You may not download any content on the
Site that is offered for sale except under the terms of the sale. You understand
and acknowledge that the Site contains content created by or on behalf of Sewing
Mamas Admin as well as content provided by third parties and:
a. Sewing Mamas Admin does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites; and
b. By viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall Sewing Mamas Admin be liable in any way, under any theory, for any third party content; and
4. SPECIFIC CONTENT. Some content, such as open source sewing patterns, may be made available for use without restrictions. Any such content will be identified on the Site as a "open source pattern". You acknowledge and agree that, except for items specifically designated as "open source patterns" all of the restrictions set forth in Paragraph 3 will apply to all of the content on the Site.
5.USER CONDUCT. You agree that, when using or accessing
the Site or any of the features thereof, you will not:
a. Access or use the Site other than for your personal use;
b. Violate any applicable law or regulation;
c. Interfere with or damage the Site;
d. Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
e. Systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site.
f. Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
g. Receive a refund for a paid membership or advertising as those are non-refundable.
h. Transfer of ownership of your Sewing Mamas account to another party as this is strictly prohibited.
i. Operate under more than one user name per IP address
j. Create 'sockpuppet' accounts, ie. creating multiple accounts for the purpose of spamming your product or products or other similar reason.
k. Transmit or post harmful, threatening, abusive, harassing, defamatory,
deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or
otherwise objectionable content or material;
l. Transmit or post any unsolicited advertising, promotional materials, or spam;
m. Stalk or harass any user or visitor to the Site; or
n. Use the content or information available on the Site for any improper purpose.
Members who do not comply with Sewing Mamas policies may be subject to review, which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. Sewing Mamas reserves the right to suspend the use of the site for a person and all username(s) he/she operates under. Suspended or terminated members will not be issued a refund for any advertising or membership
6. OWNER'S RIGHTS. Sewing Mamas Admin strives to create an active community and welcomes all interested users and their contributions. However, Sewing Mamas Admin has the right, but not the obligation, to take any of the following actions, in Sewing Mamas Admin's sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
a. Restrict, suspend or terminate your access to or use of the Site;
b. Change, suspend or modify all or any part of the Site or the features thereof;
c. Refuse or remove any material posted on, submitted to or communicated through the Site by you;
d. Deactivate or delete any screen names, profiles or other information associated with you; or
e. Alter, modify, discontinue or remove any content of the Site.
7. PRIVACY. Sewing Mamas LLC does not sell or rent your personal information to third parties for their marketing purposes. You acknowledge and understand that some features of the Site are designed to permit users to post photographs and information for public viewing and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.
8.SUBMITTING CONTENT. Certain features of the Site may
permit you to upload photographs or video (collectively, "Images") or
information to the Site, or otherwise make Images or information available for
viewing through the Site. The following terms are applicable to your submission
of Images or information for posting on or viewing through the Site:
a. You must be at least 18 to submit an Image. Sewing Mamas Admin will not knowingly permit anyone under the age of 18 to submit Images. If you are under 18 you may not submit any Images to the Site;
b. You may not submit to the Site Images depicting anyone other than yourself unless you have received the express consent to such submission from the depicted persons;
c. By submitting any Image or information to the Site, you hereby grant to Sewing Mamas Admin and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to, in connection with the operation and/or promotion of the Site, use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Image or information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Sewing Mamas Admin include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Image;
d. By submitting any Image or information to the Site, you hereby represent and warrant that the submitted Image or information does not and shall not infringe on any copyright or other right of any third party, and you have the right to grant any and all rights and licenses granted to Sewing Mamas Admin herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
e. You acknowledge and agree that Sewing Mamas Admin shall have no obligation to post, display or otherwise make publicly available any Image or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any Image or information that you submit to the Site;
f. You understand and intend that any Image or information submitted by you to the Site may be available for viewing and comment on by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Image or information you submit to the Site. By submitting any Image or information to the Site, you hereby waive any privacy expectations that you may have with respect to any such Image or information submitted by you to the Site;
g. You hereby agree to hold Sewing Mamas Admin and its affiliates, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site, or any other use authorized under these Terms, of any Image or information submitted to the Site by you;
h. Images or information submitted by you to the Site shall be the property of Sewing Mamas Admin and Sewing Mamas Admin shall have no obligation to preserve, return or otherwise make available to you or others any photos or information submitted to the Site by you.
9. USER INTERACTION. You are solely responsible for your interactions with other users of or visitors to the Site.
a. Sewing Mamas Admin shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties. You acknowledge and agree that Sewing Mamas Admin, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
b. Sewing Mamas Admin does not verify any information posted to or communicated via the Site by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that Sewing Mamas Admin does not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the Site.
10.INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless Sewing Mamas Admin, its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys' fees) in connection with any claim arising out of your use of the Site or violation of any of these Terms.
11.COPYRIGHT POLICY. Sewing Mamas Admin respects the
intellectual property rights of others, and under appropriate circumstances will
terminate access to the Site by and/or the username of users who infringe the
copyrights of third parties. If you believe that the copyright in your work has
been infringed on the Site, please provide written notice of your claim of
copyright to Sewing Mamas Admin's Copyright Agent identified below and include
all of the following information in accordance with the Digital Millennium
Copyright Act, 17 U.S.C. § 512:
a. Identify the owner of the copyright interest that allegedly has been infringed and supply an electronic or physical signature of the owner or a person authorized to act on behalf of the owner;
b. Identify the work that is claimed to have been infringed;
c. Identify the material on the Site that is claimed to be infringing and provide reasonably sufficient information to permit Sewing Mamas Admin to locate the material on the Site;
d. Provide your postal address, email address and telephone number;
e. Include a statement that the complaining party has a good faith belief the use of material that is being complained about is not authorized by the owner of the copyright interest, its agent, or the law; and
f. Include a statement made under penalty of perjury that the information contained in the above-described notice of a copyright claim is accurate and that the person sending the notice is the owner of the copyright interest that allegedly was infringed or is authorized to act on behalf of the owner.
The notice of your claim of copyright infringement should be sent to: kellyATsewingmamasDOTcom
12. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY.
a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Sewing Mamas Admin , ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
b. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Sewing Mamas Admin SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
d. IN NO EVENT WILL Sewing Mamas Admin , ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.
These Terms constitute the entire agreement between Sewing Mamas Admin and you with respect to the subject matter hereof, and supersede any previous oral or written agreement between us with respect to such subject matter. These Terms shall be construed in accordance with the laws of the State of Minnesota, without regard to the conflicts of law provisions thereof.