This website, located at www.alteredcloth.com, as well as all services related to this website (collectively referred to herein as the “Site”), is provided to you by Altered Cloth (referred to herein as “us,” “our,” or “we”). Please review the following terms that govern your use of this Site. By accessing or using the Site, you agree to follow and be bound by these Terms. If you do not agree to these Terms, in whole or in part, please do not use the Site.
We shall have the right to change these Terms at any time. By continuing to use the Site after we post any changes, you accept the Terms as changed. You agree to review these Terms periodically to be aware of such changes.
2. Intellectual Property Rights
The Site contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photos, video, graphics, illustrations, images, logos, and music and sound (collectively referred to herein as the “Site Content”). The Site is protected by copyright as a collective work under U.S. copyright laws, international conventions, and other copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Except as expressly noted below, you may not modify, publish, transmit, display, participate in the transfer or sale, exhibit, distribute, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part.
The Site provides patterns and project instructions that are intended for your personal, noncommercial use. You may print or download one copy of the Site Content, including patterns and project instructions, for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. You may not manufacture nor sell products made from these patterns or instructions. You may not republish any patterns, project instructions or other Site Content, for any reason without our prior written permission. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3. User Comments and Submissions
You agree to use the Site for lawful purposes only. You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, including copyright, trademark, privacy or other rights, which is unlawful, threatening, libelous, defamatory, abusive, harmful, vulgar, obscene, profane, indecent or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You may not post or transmit any material that in our judgment restricts or inhibits any other user from using or enjoying the Site. You may not post transmit any material that contains any advertising or commercial solicitations without our prior written consent.
By submitting content to the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, license, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose, commercial or otherwise, without compensation to or prior approval by you. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
We shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms and any other operating rules that may be established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms or is otherwise objectionable or stale, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our users, and to comply with legal obligations or governmental requests. Notwithstanding these rights of us, you shall remain solely responsible for the content or your comments or other submissions. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.
4. Disclaimer of Warranty; Limitation of Liability
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. WE, OUR AFFILIATES, AGENTS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE, OUR AFFILIATES, AGENTS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE BY ANY USER, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE SITE BY ANY USER. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR RELIANCE ON THE INFORMATION OBTAINED THROUGH THE SITE CONTENT, ANY POSTINGS FROM ANY USERS OR ANY THIRD PARTY WEBSITES TO WHICH THE SITE LINKS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
5. Links to Other Websites
This Site contains links to third party websites. You acknowledge that your use of any third party website is solely at your own risk. Links to third party websites do not constitute an endorsement by us of such sites or their content. We are not responsible for the availability of these third party websites nor are we responsible for the content, advertising, products or other materials made available on or through such websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by or in connection with the use of or reliance on any content, goods or services available on a website. Any agreement, payment, purchase, contract, damage, loss, injury, claim or death that arises out of your use of third party websites is solely at your own risk and is strictly between you and that website. Any concerns regarding a linked website should be directed to that website.
We shall have the right to immediately terminate this agreement with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. Upon any termination of this agreement by either you or us, you must promptly destroy all Site Content downloaded or otherwise obtained from this Site, as well as all copies of Site Contents.
These Terms constitute the entire agreement between you and us relating to the Site or its contents, and supersede all prior agreements and understandings. These Terms shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws provisions. By using the Site, you consent to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms is found to be unenforceable for any reason, than that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.