TERMS AND CONDITIONS
Repeatpatterns.com offers free tools, which allows users to upload and share their repeat patterns in online. The laws of the State of North Carolina and the U.S. Copyright laws as well as copyright laws of other countries protect all of the material on the Repeatpatterns.com Site. You are only allowed to use these materials in accordance with applicable law and the terms below. Any other use is prohibited.
Please Read These Terms and Conditions Before You Visit the Repeatpatterns.com Site. You Must Comply With Them to Use the Repeatpatterns.com Site or any Repeatpatterns.com Products and Services.
Terms and Conditions
Before you enter the Repeatpatterns.com site (the 'Site'),
or use any Repeatpatterns.com products or services, it is important
that you carefully review the Terms and Conditions of usage set forth
below. The Terms and Conditions may be updated or changed from time
to time and you should check this page periodically.
By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Repeatpatterns.com that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, you may not access the Site or use any of its products or services.
1. What Can I Do With Materials Provided By Repeatpatterns.com?
The laws of the State of North Carolina and the U.S.
Copyright laws as well as copyright laws of other countries protect
all of the material on the Repeatpatterns.com Site and CD compilation.
You are only allowed to use these materials in accordance with applicable
law, the terms and conditions set forth in the download agreement
and these Terms and Conditions. Any other use is prohibited.
You agree to use the Repeatpatterns.com Site only for its intended, lawful purposes and in accordance with all applicable law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access this site by any means except through the interface provided by Repeatpatterns.com and that you will not access this Site from any territory where its contents are illegal.
2. Who Can Be a Repeatpatterns.com Member?
Repeatpatterns.com membership is available to anyone
18 years of age or older who truthfully and accurately registers
all required information (including a legitimate email address) and
obtains a unique Repeatpatterns.com Username and Password. Persons
under the age of 16 cannot become a member unless they provide Repeatpatterns.com
with evidence satisfactory to Repeatpatterns.com of their parent's
or guardian's express consent to obtain Repeatpatterns.com membership.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under
your account or password.
3. Can I Have More Than One Membership?
Each member is allowed to have only one Repeatpatterns.com
membership and the privileges associated with membership. Repeatpatterns.com
allows only one member per registered legitimate email address. Membership
is for personal use only and is non-transferable.
4. What Happens if I Violate These Terms and Conditions?
Repeatpatterns.com reserves the right to terminate
any Membership at any time, for any reason or no reason, with or
without notice. In addition, members who violate these Terms and
Conditions may have their membership terminated, services cancelled,
and their pages and materials, or portions thereof, suspended, deleted
or removed without warning. Repeatpatterns.com will not return removed
materials to a member. Repeatpatterns.com is not responsible for
any loss of data resulting from termination of membership or removal
of member material. But understands that any designs/work that were
sold through the site will remain on file with Repeatpatterns.com.
The files will no longer be shown or for sale and will remain on
file for a term that Repeatpatterns.com will determine.
5. What Content or Materials Are Not Allowed on The Repeatpatterns.com
Site?
Repeatpatterns.com ' goal is to promote the free-flowing
exchange of expression relating to members' interests, activities
and hobbies while maintaining high standards of respect and decency
as well as for the protection of minors. While Repeatpatterns.com
makes all reasonable attempts to remove objectionable materials,
Repeatpatterns.com is not responsible for policing the entire Site.
Accordingly, no Repeatpatterns.com member or other user of the Site
may process, digitize, post, upload, store, share, post or submit
a hyperlink to, or otherwise display on the Repeatpatterns.com Site
any of the following:
A. Content or material that we believe is pornographic, obscene, or of an 'adult' or sexual nature.
B. Content or material involving nudity, including nudity of children of any age.
C. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
D. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18.
E. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
(i) Instructions on how to assemble or use bombs, grenades or other weapons; and
(ii) Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual's right to privacy.
F. Copyrighted content or material that is used without the express permission of the owner. Copyright law generally protects photographs and other images published in books, magazines, posters, calendars, websites and other media. Uploading these images to the Repeatpatterns.com Community without the owner's permission may constitute copyright infringement and may result in termination of your Repeatpatterns.com membership.
G. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of intellectual property rights as well as privacy and publicity rights and harm to reputation.
Repeatpatterns.com may examine any materials submitted to the Site at any time in its sole discretion. You acknowledge that although Repeatpatterns.com does not and cannot examine all content and material submitted or transmitted to the Site, Repeatpatterns.com has the absolute right (but not the obligation) to delete, move and edit content and material for any reason or no reason, at any time, with or without notice.
You understand that all photographs used in patterns, text, graphics, messages, content and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such materials originated. This means that you, and not Repeatpatterns.com, are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via the Site. Repeatpatterns.com does not control the materials posted via the Site and does not guarantee the accuracy, integrity or quality of these materials. You understand that by using the Site, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Repeatpatterns.com be liable in any way for any materials on the Site, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the Site.
6. How Do the Copyright Laws Apply to Materials I Submit to Repeatpatterns.com?
When you become a Repeatpatterns.com member, you become
a participant in the Repeatpatterns.com Community. Your designs/work
are in public view, but members must be signed in to view your images
they will be visible to others in the Repeatpatterns.com Community
and we may incorporate them in directories, search results or in
any other places on the Repeatpatterns.com site.
As a condition of membership, you hereby grant Repeatpatterns.com a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials stored by you in public albums or otherwise provided by you to the Repeatpatterns.com Community. You represent and guarantee to Repeatpatterns.com, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to Repeatpatterns.com or that you have permission from the copyright owner to submit the materials to Repeatpatterns.com.
In the event your design is listed for sale for exclusive use by the buyer, for the appropriate fee, you agree to release all rights you have to the copyrighted work and/or intellectual property to the buyer for the buyer’s exclusive use. Once the sale is complete, you will no longer own any rights whatsoever to the design. The buyer will have the exclusive right to use the design in any way and for any purpose they deem appropriate.
7. What Do I Do If I Think There May Be a Copyright Infringement?
If you believe that your material or the material of
another has been wrongfully copied or stolen, please provide the
Repeatpatterns.com Copyright Agent with the following:
A. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The Repeatpatterns.com Copyright Agent may be reached by email at info@Repeatpatterns.com
8. How Are Copyright Infringement Claims Handled?
Upon proper notice of a potential copyright infringement,
Repeatpatterns.com will remove or disable access to the material
in question and take reasonable steps to promptly notify the member
responsible for the material of the removal or disabling. If Repeatpatterns.com
has removed or disabled access to materials you posted on the Repeatpatterns.com
Site because of a complaint that the posting infringed someone else's
copyright, and you disagree and want to have the materials returned
to your album, please provide the Repeatpatterns.com Copyright Agent
with the following:
A. your physical or electronic signature;
B. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
C. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
D. your name, address, and telephone number;
E. a statement that you consent to jurisdiction in the federal courts of the United States, or if your address is outside of U.S., for any judicial district in which Repeatpatterns.com may be found, and that you will accept service of process from the person who provided notification under Section 7 above or an agent of such person.
If any copyright, trademark, patent, publicity rights, or other
infringement comes to the attention of Repeatpatterns.com, Repeatpatterns.com
reserves the right to delete all infringing files and terminate the user's
membership without receiving a complaint from the person whose rights have
been infringed.
Repeatpatterns.com is not responsible for pursuing any actions
relating to copyright infringement or potential copyright infringement,
but that Repeatpatterns.com will provide the information of when
the design was supposedly infringed and provide information necessary
to the claim. All claims must be pursued by the person claiming
the infringement independent of Repeatpatterns.com if they so desire.
9. What Happens if My Postings Are Repeatedly Challenged as Copyright
Infringements?
If your postings are repeatedly challenged as copyright
infringements, Repeatpatterns.com reserves the right to terminate
your membership.
10. Is Information I Submit to Repeatpatterns.com Kept Private?
Repeatpatterns.com does not sell or rent your personal
information to third parties. Repeatpatterns.com may use aggregated
member information that does not identify any individual member.
Repeatpatterns.com makes every effort to maintain the security of
the storage of private information, but you acknowledge that the
exchange between Repeatpatterns.com members and others of information
such as passwords or electronic mail may not be secure. Repeatpatterns.com
encourages members to change their passwords frequently. Postings
and other communications on the Repeatpatterns.com Site are not private.
For additional information, please read our 'Privacy Statement’,
which can be accessed from the 'Privacy' link at the bottom of all
Repeatpatterns.com pages.
11. Will I Receive Email From Repeatpatterns.com as a Result of
My Membership?
Repeatpatterns.com does not send unsolicited email.
With the exception of confirmation emails, (which are triggered by
an action on your part and contain necessary information), only those
users who have opted in to receive newsletters or announcements will
receive email from us. All Repeatpatterns.com electronic newsletters
and announcements will contain information on how to unsubscribe
from that email list. In the event that you receive an email that
you think is unsolicited, please follow the instructions contained
in the email for letting us know and Repeatpatterns.com will make
every effort to have your email address removed from future mailings.
You may also manage your email preferences from your Repeatpatterns.com
account.
12. What If Materials I Submit To Repeatpatterns.com or Use on The
Site Are Lost or Corrupted?
Repeatpatterns.com urges all members to maintain backup
versions of their Repeatpatterns.com pages and materials to guard
against losses of any kind. Repeatpatterns.com is not responsible
for any loss of data and/or files resulting from Repeatpatterns.com
suspension or deletion of data and/or files, network or system outages,
file corruption or for any other reason. Repeatpatterns.com is not
required to return any materials you submit to the Site.
13. Account Termination due to inactivity.
Repeatpatterns.com reserves the right to terminate
the account and delete the users content due to inactive periods
of greater than 180 days. Activity includes purchasing prints or
gift items or upgrading to pro membership.
14. You Agree To Indemnify Repeatpatterns.com.
YOU AGREE TO INDEMNIFY AND HOLD Repeatpatterns.com,
ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS,
LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY
AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND
CONDITIONS, YOUR USE OF THE Repeatpatterns.com SITE AND SERVICES,
AND YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING IN
EACH CASE THE CONDUCT OF ANOTHER ACCESSING THE Repeatpatterns.com
SITE OR SERVICES THROUGH YOUR MEMBERSHIP.
15. Repeatpatterns.com Makes No Warranties.
This site is provided on an 'as is' and 'as available'
basis. Repeatpatterns.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
16. Limited Liability of Repeatpatterns.com.
Repeatpatterns.com AND ITS AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
17. Repeatpatterns.com Copyright and Trademarks
All website design, text, photographs, graphics, sound,
software and other content, and the selection and arrangement thereof,
are the property of Repeatpatterns.com or its licensors, and are
protected by the U.S. Copyright laws and international copyright
law. All rights to such materials are reserved to their respective
copyright owners. Any use of materials on this site other than as
described in these Terms and Conditions is strictly prohibited, including
but not limited to the distribution or modification of the materials,
the use of the materials on another website, the creation of derivative
works, and the use of the materials for any public or commercial
purpose.
18. Law Governing This Agreement.
This Agreement will be governed and construed under
the laws of the State of NC and the US Copyright laws, without regard
to its conflict of laws provisions. By using the Repeatpatterns.com
Site, you agree to personal jurisdiction of the state and federal
courts of Asheville, NC. Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to these Terms of Use or the use of this website must be filed within
three (3) year after such claim or cause of action arose or be forever
barred.
19. Repeatpatterns.com May Modify The Site and These Terms and Conditions
At Any Time.
You agree that Repeatpatterns.com reserves the right
to modify or amend the Site and these Terms and Conditions at any
time, for any reason, without notice, including the right to terminate
Repeatpatterns.com services or any part of the services.
20. This is The Entire Agreement Between You and Repeatpatterns.com.
These Terms and Conditions are the entire agreement
between you and Repeatpatterns.com and govern your use of the Repeatpatterns.com
Site and services. This agreement supersedes any prior agreements
between you and Repeatpatterns.com. The failure of Repeatpatterns.com
to enforce any right or provision of this agreement does not constitute
a waiver of the right or provision. If any portion of this agreement
is deemed to be invalid, the other portions of the agreement will
remain in full force and effect.
21. Dealings With Advertisers.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Repeatpatterns.com shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Site.
22. Links
The Site may provide, or third parties may provide,
links to other websites or resources. Because Repeatpatterns.com
has no control over such sites and resources, you acknowledge and
agree that Repeatpatterns.com is not responsible for the availability
of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that Repeatpatterns.com shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available on
or through any such site or resource.
Repeatpatterns.com and all related logos, page headers, custom graphics and icons are service marks and/or trademarks of Repeatpatterns.com. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence on this site does not represent an endorsement of the site.