Terms of use

Effective as of 5 April 2013 7 June 2013

Welcome to Stitch-Maps.com, a website operated by JCBriar Knitting (described here as “we” or “us”).

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THIS SITE. Your use of the Stitch-Maps.com website (“the Site”) signifies your agreement with the following terms of use (the “Terms” or “Agreement”). By using this Site, you agree to follow and be bound by these Terms and by our privacy policy.

Changes to Terms

Stitch-Maps.com reserves the right, in its sole discretion, to change these Terms at any time by updating this posting. If the changes are significant, we will post a notice. You agree to be bound by the changed Terms through your continued use of the Site. Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.

Eligibility

Use of the Site is void where prohibited. Stitch-Maps.com, in its sole discretion, may remove your content, and/or prohibit you from using or accessing all or part of the Site, for any and no reason, at any time, and without prior notice or liability. If your access to the Site is terminated, the restrictions and obligations of this Agreement that by their essential nature and purpose should survive termination shall survive termination, including, but not limited to, ownership, licenses, warranty disclaimers, limitations of liability, and governing law and dispute resolution provisions.

Privacy

We care about the privacy of our users. Our privacy policy is incorporated as part of these Terms. By using the Site, you expressly consent to the use and disclosure of your personally identifiable information as described in the privacy policy.

User conduct

You represent, warrant, and agree:

• that no materials of any kind you submit will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, obscene, abusive, threatening, or otherwise unlawful material;
• not to harvest or collect any information from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• not to use automated scripts to collect information from the Site or for any purpose;
• not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site.

In addition, you agree not to use the Site to:

• upload, post, email, transmit, or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, email, transmit, or otherwise make available any material that is illegal in any way or which advocates illegal activity;
• intimidate or harass another;
• use or attempt to use another’s account, service, or system without authorization from the Stitch-Maps.com, or create a false identity on the Site.

Registration and subscription

In order to use or access certain features of this Site, you must register an account with and provide some contact information to Stitch-Maps.com. In return for your use of this Site, you agree to: (a) provide accurate, current, and complete information; and (b) maintain and promptly update your information to keep it accurate, current, and complete.

You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any other Site user.

When you subscribe to paid services or donate to Stitch-Maps.com, you will be directed to PayPal, a third-party service. You are responsible for all activities that occur under your PayPal account. You are responsible for complying with all PayPal user agreements, privacy policies, or any other terms that may govern your relationship with PayPal. Stitch-Maps.com will not be responsible for any loss to you caused by your use of PayPal or your failure to comply with these obligations.

All subscription orders placed through the Site are subject to Stitch-Maps.com’s acceptance, which is in its sole discretion. This means, among other things, that Stitch-Maps.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your PayPal account has already been charged for an order that is subsequently cancelled, Stitch-Maps.com will work with PayPal to issue a credit to your account.

Contributed content

Registered users may contribute content to the Site, such as written stitch pattern instructions, stitch pattern descriptions, and swatch photos. When you contribute content, you verify that you hold the copyright to that content or that the content is in the public domain. You retain ownership of any intellectual property rights that you may hold in that content. Users with basic or premium subscriptions may control who has access to the stitch patterns they contribute. These visibility settings are outlined in our description of our account options.

When you upload or otherwise submit content to the Site, you give Stitch-Maps.com a worldwide license to store, reproduce, modify, and create derivative works from such content, and to display such content in accordance with any visibility settings you have chosen. The rights you grant in this license are for the limited purpose of operating the Site. This license continues even if you stop using the Site.

Proprietary content

All content on the Site, including but not limited to text, photographs, illustrations, generated stitch map images, trademarks, logos, the Site as a whole, and their selection, coordination, and arrangement (the “Content”) are the proprietary property of Stitch-Maps.com or its licensors, and are protected under U.S. and international law and treaties. All rights are reserved. No Content may be used, displayed, copied, downloaded, modified, distributed, or sold in any form or by any means, in whole or in part, without Stitch-Maps.com’s prior written permission.

You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

If you have a premium subscription, you may download publication-quality stitch map images in PDF, EPS, or SVG format, and may use such images in commercial publications, provided that you keep all copyright or other proprietary notices intact. Users with premium subscriptions are requested but not required to credit Stitch-Maps.com with the creation of any stitch maps they publish.

Most trademarks and service marks appearing on this Site, including among others STITCH MAPS, and associated logos, banners, and page headers are Stitch-Maps.com’s trademarks and service marks. Other trademarks appearing on this Site are the property of their respective owners. Except as expressly set forth in these Terms, use of any Stitch-Maps.com’s trademark or trade dress is prohibited without Stitch-Maps.com’s prior written permission.

Digital Millenium Copyright Act

Stitch-Maps.com policy is to act in accordance with the Digital Millenium Copyright Act (“DMCA”). The address of Stitch-Maps.com’ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed on our “Contact us” page, and is registered with the U.S. Copyright Office.

It is Stitch-Maps.com’s policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; and (2) discontinue service to repeat offenders.

Links to other websites

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

Disclaimers

By using this Site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its content. You acknowledge that Stitch-Maps.com has the right (but not the obligation) in our sole discretion to refuse, delete, or edit any content that is available through this Site, for any reason or for no reason.

Stitch-Maps.com is not responsible for any incorrect or inaccurate content (including but not limited to written or charted stitch pattern instructions and swatch photos) posted on the Site, whether posted by users of the Site or by any of the programming utilized in the Site. Stitch-Maps.com is not responsible for the acts, omissions, or conduct, whether online or offline, of any user of the Site. Under no circumstances will Stitch-Maps.com be responsible for any loss or damage of any kind incurred, including personal injury or death, resulting from anyone’s use of the Site, any content posted on the Site, or any interactions between users of the Site whether online or offline.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Stitch-Maps.com assumes no responsibility for any error, omission, interruption, deletion, delay in transmission, theft or destruction or unauthorized access to, or alteration of, user communications. Stitch-Maps.com is not responsible for any problems or technical malfunction of any communication lines, computer systems, servers or providers, software, or failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to users or to any other person’s computer, related to or resulting from using or downloading materials from the Site.

THIS SITE AND THE CONTENT ARE PROVIDED BY STITCH-MAPS.COM ON AN “AS IS” BASIS. STITCH-MAPS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STITCH-MAPS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STITCH-MAPS.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.

Limitation on liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL STITCH-MAPS.COM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE, EVEN IF STITCH-MAPS.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STITCH-MAPS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).

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 MAY HAVE ADDITIONAL RIGHTS.

Governing law and venue

Stitch-Maps.com is operated from its offices in the State of Oregon, U.S.A. Stitch-Maps.com makes no representation or warranty that the content available through this Site is appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. These Terms and any dispute between you and Stitch-Maps.com hereunder are governed by the laws of the State of Oregon, without giving effect to any principles of conflicts of laws.

You agree that the exclusive venue and jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site will be only the state or federal courts located in the State of Oregon, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such venue, and expressly disclaim the right to seek redress in any other venue or forum. Any claim, action, or proceeding by you related in any way to the Site (including your use of the Site) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnification

You agree to indemnify Stitch-Maps.com and its agents from and against any and all third-party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorney’s fees, due to or arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms, together with the privacy policy and any other policies posted on Stitch-Maps.com, together with any subscription agreement entered into by you and Stitch-Maps.com, constitute the entire agreement between you and Stitch-Maps.com regarding the use of the Site, superseding any prior agreements between you and Stitch-Maps.com relating to your use of the Site. The failure of Stitch-Maps.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held void, invalid, or unlawful for any reason, the remainder of this Agreement shall continue in full force and effect.

Questions

If you have any questions or comments about the Site or these Terms, please contact us.

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