Repeat Patterns - Your source for exclusive and stock patterns. Royalty-Free Patterns. Purchase Repeat patterns on disc as a compilation.

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CONTENT LICENSE CONTRACT

This Contract is between you and Repeatpatterns.com (also sometimes referred to herein as "we", "us" and "our"). By downloading Content or by receiving a CD with designs from our website, you agree to be bound by the terms of this contract with respect to such Content. Do not download Content if you do not accept these terms.

This is a license, not a sale. The licensing fee is a one-time fee and is included in the price. You are permitted to use Content. Our Members or we continue to own the intellectual property rights in the Content. Third parties who wish to use any Content must download it from the Repeatpatterns.com website themselves.
All images are for non-exclusive use only. The images have been sold to other people so it would be impossible to offer them for exclusive use. Exclusive patterns are available on a first come first served basis. Browse/search for exclusive patterns first if exclusive patterns are desired.

1. This Contract governs your use of Repeatpatterns.com 's Content (namely, the repeat pattern images, illustrations, CD compilations, or other material that you download and or order from the Repeatpatterns.com website in conjunction with entering into this Contract ("Content")).

2. You are hereby granted a perpetual, non-exclusive, non-transferable license to use Content on the terms and conditions contained in this Contract. You may only engage in expressly permitted activity with respect to Content. All other rights in and to the Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by Repeatpatterns.com or its Members, as the case may be.

ALLOWED USES:

3. You may:

(a) Use content in one area of manufacturing. Be it fabric-printing, textiles, ceramics and printed material, etc;

(b) install Content in only one location;

(c) physically transfer any Content and its archives from one location to another, provided that it may only be used in one location at a time;

(d) make a single copy of Content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy;

(e) use any Content in the following applications:

(i) advertising and promotional collateral and printed materials in your product form only;

(ii) prints and reproductions for personal use;

(e) create a Derivative Work (namely an original work within the meaning of the U.S. Copyright Act of 1976 which incorporates but is not substantially similar to the Content) by incorporating the Content into your own work;

(f) alter the image for color and or layout to suite manufacturing purposes.

(g) use a Derivative Work in the same manner as permitted in section 3(d) above, and in items for resale; and

(h) transfer files containing Content or Derivative Works to your clients, printers, or ISP for the purpose of reproduction, provided that such parties shall have no further rights to use the Content.

PROHIBITED USES:

4. You may not provide a copy of Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. You may not do anything with Content that is not expressly permitted. You may not:

(a) resell product as is in electronic file;

(b) claim intellectual property rights on content in manufactured goods for resale even with changes to the original as permitted in section 3(f) above;

(c) display any Content on websites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items;

(d) use Content or any part thereof as part of a trademark, design-mark, trade-name, business name, service mark, or logo;

(e) use Content in a fashion that may be considered to be pornographic, obscene, defamatory or libelous in nature;

(f) use any image in the Content that depicts a person to endorse a business, product or service;

(g) use any image in the Content that depicts a person in a potentially sensitive subject matter;

(h) if source code is contained within the Content or accompanying materials, reverse engineer, decompile, or disassemble any part of the source code;

(i) remove any notice of copyright, trademark or other proprietary right from any place where it appears in the Content or its accompanying materials;

(j) sub-license, sell, rent, lend, or otherwise distribute any Content;

(k) post a copy of any Content on a network server or web server for use by other users; or

(l) transfer the rights to any Content or accompanying materials, except as specifically provided for in this Contract.

(m) use in any matter whatsoever any Content that is an illegal use under the U.S. Copyright Act of 1976 and any other pertinent law.

ADDITIONAL ROYALTY:

5. RepeatPatterns.com only reports NC gross sales and pays sales tax on those sales made within the state of NC. The customer in any other state, other than NC, is responsible for reporting and paying the sales tax for their state, to their state. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Contract. You agree that in the event that you or a Related Party either individually or in combination reproduce the Content, or any part thereof, in excess of 100,000 times, you will pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 100,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites.

6. You agree to notify Repeatpatterns.com in the event that you (or a combination of you and Related Parties) reproduce any Content, or any part thereof, in excess of 100,000 times. Such notice must be sent to Repeatpatterns.com every month in which the Content, or any part thereof, which you have reproduced over the term of this Contract in excess of 100,000 times is reproduced. Each such notice must contain the number of reproductions made in a particular month, provided that when you send the first such notice to Repeatpatterns.com you need only disclose those reproductions made in combination by you and Related Parties which are in excess of 100,000.

7. Repeatpatterns.com will invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.

TERM:

8. This Contract is effective until terminated. You can terminate this Contract by destroying the Content, and any related Derivative Works, and any copies of it or accompanying materials, and ceasing to use the Content, and any Derivative Works related thereto. This Contract will also terminate upon your failure to comply with the terms herein. You agree, upon termination of this Contract, to destroy all copies of any Content, and any related Derivative Works, to cease using the Content, and any related Derivative Works, and to confirm to Repeatpatterns.com in writing that you have complied with these conditions. Written notice must be received by Repeatpatterns.com within 30 days from the date of termination

REPRESENTATIONS AND WARRANTIES:

10. The Repeatpatterns.com website acts as an exchange of Content between those who provide Content to the website (our Members) and those who wish to use such Content. Accordingly, Repeatpatterns.com makes no representation or warranty that any Content provided is royalty free.

11. THE CONTENT AND ANY ACCOMPANYING MATERIALS ARE PROVIDED "AS IS" WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Repeatpatterns.com DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT YOURS. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Repeatpatterns.com) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.

LIMITATION OF REMEDIES & LIABILITY:

12. Repeatpatterns.com 's entire liability and your exclusive remedy, with respect to any claims arising out of your use of Content or accompanying material, or out of your actions in downloading Content, are as follows:

(a) You may, upon request to Repeatpatterns.com, be permitted to download the Content again, at a location Repeatpatterns.com will provide for you;

(b) If you continue to be unable to download the Content, Repeatpatterns.com will refund the fee actually paid by you in respect of the use of such Content, provided Repeatpatterns.com determines that you have been unable to download such Content successfully.

13. IN NO EVENT SHALL Repeatpatterns.com OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

14. THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS CONTRACT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OF THE CONTENT IN ANY MANNER WHATSOEVER IS TO BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO Repeatpatterns.com UNDER THIS CONTRACT IN RESPECT OF THE USE OF THE CONTENT.

INDEMNIFICATION:

15. You agree to indemnify and hold Repeatpatterns.com harmless against all claims or liability asserted against Repeatpatterns.com arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Contract.

MISCELLANEOUS TERMS:

16. If any provision or part of this Contract is unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

JURISDICTION & ARBITRATION:

17. This Contract will be governed under the laws of the State of North Carolina and the federal laws of the United States. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use.

18. Any disputes arising out of, or in connection with this Contract, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Asheville, NC, pursuant to the applicable legislation in effect at the time arbitration is demanded.

19. If Repeatpatterns.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Repeatpatterns.com for its legal fees, costs and disbursements if Repeatpatterns.com is successful.

20. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE CONTRACT BETWEEN YOU AND Repeatpatterns.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Repeatpatterns.com RELATING TO THE SUBJECT OF THIS CONTRACT.