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TERMS & CONDITIONS

STUDIO.PATTERNOBSERVER.COM
TERMS & CONDITIONS OF USE AGREEMENT

The STUDIO.PATTERNOBSERVER.COM website (hereinafter referred to as the "Website") is designed to provide you (the “User”) with access to innovative proprietary fabric designs and motif templates, relevant and cutting-edge, trend reports and information about the fabric design world, and professional expertise and custom consultations for your unique fabric design needs.

PLEASE VERY CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

PatternObserver Studio offers two types of design products for Users:

A. Royalty-free Patterns: Royalty-free Patterns and motifs:
- Are non-exclusive and can be downloaded multiple times and may be used and re-used by various Users;
- Can be used on items for sale by Users;
- May be modified by Users, but the non-exclusive stock designs remain available for other Users to employ for other purposes;
- Can be used worldwide on a perpetual basis;
- Cannot be duplicated, sub-licensed or resold to third parties.

B. Exclusive Patterns: Exclusive patterns and motifs:
- Shall be the exclusive property of the User-purchaser and the copyright to all exclusive patterns and motifs will be transferred to the User-purchaser after payment has been received and accepted by the Website;
- Can be used for unlimited print production in any product or media;
- Are instantly removed from the Website once purchased by a User;
- Are provided to User-purchasers in downloadable Adobe® Photoshop or Illustrator files;
- Are not production-ready, but User-purchasers may request production-ready files (with additional fees for such services);
- Can be used on any range or number of products for sale by Users;
- May be modified by User-purchaser on an unlimited basis;
- May be used worldwide on a perpetual basis.

1. Acceptance of Terms: This Terms and Conditions of Use Agreement (hereinafter referred to as the "Agreement") sets forth legally binding terms for your use of the Website. By using the Website, Users agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Website immediately.

2. Agreement Updates: We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; Users are advised to review this Agreement regularly.

3. Limitations on Website Content Use: All Website content, as defined below, is provided to Users on an “as is” basis for Users’ information and personal use only. The Content of the Website may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Website owner and/or third party copyright holders, as explained in greater detail below.

4. User Account, Password and Security: If you register for Website membership on either a free or paid basis, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree and confirm that you are acting on your own behalf and not for the benefit any other person or organization and, as such, you agree to abide by all of terms and conditions herein. You agree to immediately notify the Website of any unauthorized use of your password or account, or any other breach of security. The Website owners and hosting company will not be liable for any loss or damage arising from your failure to fully comply with this Agreement and the Website may cancel or limit your use of the Website for any violations of Website policies. We will not sell or otherwise provide any Member information to third parties for any purpose. We shall make every effort to ensure that all financial transactions for Website membership payments are secure.

5. Proprietary Rights: All Content on the Website, or any Content or materials provided to Users via the membership services provided via the Website, including, without limitation, all Website or third-party branding elements, trade names, logos, trademarks, service marks, images, text, columns, graphics, videos, photographs, instructional materials, illustrations, artwork, software and other elements (collectively, the "Content") is protected by applicable laws such as copyright, trademark and/or other intellectual property laws. All Content rights are exclusively owned and controlled by the Website owner, or by third parties that have licensed or otherwise provided their Content and materials to the Website, or for further distribution to Members. Users acknowledge and agree that all Content on the Website, and/or any Content provided to Users through membership on the Website, is made available for limited, non-commercial, personal use only, unless otherwise granted herein or agreed in writing. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Website owner’s prior express written permission, or that of the third party providing any Content. Users may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent the Website’s security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

6. Disclaimer of Warranties: YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS HOSTING COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS,  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY CONTENT PROVIDED TO MEMBERS, OR OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) OUT-OF-DATE CONTENT, OR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND RELATED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

7. Limitation on Liability: IN NO EVENT SHALL THE WEBSITE, ITS HOSTING COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USERS FOR, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING ANY USE, MODIFICATION, SUBMISSION, COPYING, DISTRIBUTION, OR DOWNLOADING ANY CONTENT OR MATERIALS FROM THE WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) LOSS OF DATA, BUSINESS, REVENUE, PROFITS, OR ANY OTHER ECONOMIC ADVANTAGE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Modification and Discontinuation: We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and these Terms and Conditions of Use (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the use of our Website.

9. Membership Services: Users should carefully read the descriptions for various levels of Website membership offered. Limitations may apply to all levels, especially the Studio Gold Membership level. Any custom consultation services may be subject to discussions between the Website services providers and Users, clarifying the scope of services to be provided and other parameters and limitations.

10. Governing Law and Venue: This Agreement shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between any User and the Website, that arises in whole or in part from the Website, or via any services provided to Users via the Website, shall be decided exclusively by a court of competent jurisdiction located in Multnomah County, Oregon.

Please contact us at chelsea@patternobserver.com with any questions or concerns about your use of the Website.

 

 

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