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Designers’ Terms and Conditions – Knitmastery

Last updated: 16th December 2016 – Sale of Pattern Designs: changed need for bank account to need for Paypal account. Added clause with discounts and offers at our expense.

 

Accounts and Passwords

When registering to use our site you must create a designer account. You may only operate one designer account at a time (except with our express written consent). When registering you must not use false identities or impersonate any other person.

Intellectual property

Intellectual property rights in Material in the form of knitting patterns published by users of our site (“Digital Patterns“) remains held by those users (“Pattern Designers“). Notwithstanding the other terms of this agreement, Pattern Designers may deal in or with their Digital Patterns as they wish. Otherwise intellectual property rights in Material are owned by us. PLEASE NOTE THAT WHILE WE WILL ENDEAVOUR TO REVIEW OR CHECK DIGITAL PATTERNS TO ENSURE THAT THEY ARE CORRECT We give no warranties or guarantees and make no representations in respect of any such content. Where we make available such CONTENT, we make available that CONTENT as agents for those users.

For the avoidance of doubt, the licence that we grant to users of our site to use Digital Patterns uploaded by you is limited to personal non-commercial use. You may apply additional terms and conditions to use of the Digital Patterns uploaded by you.

Material you publish on our site

When you publish material or information to or through our site, we need to be sure that you have the right to do this, and that you have given us the right to make this material or information available.

If you do not have sufficient rights to publish the material or information, or to allow us to make it available, you will be responsible for any loss, costs, expenses or damage we incur as a result.

By submitting material or information to or through our site you grant to us the right:

  1. to use that material or information to operate our site;
  2. to make that material or information available to others;
  3. to publicise the availability of that material or information; and
  4. to permit others to use that information or material;

By submitting information or material to or through our site you are guaranteeing that you have the right to grant to us the rights described in clause 13.1. If you are not able to grant to us these rights, please do not submit such information or material. Where you submit information or material which has not been created solely by you, you must obtain all necessary permissions, consents and licences to allow you to submit that material and grant the rights set out in these terms and conditions of website use.

You warrant that any information or material submitted by you to or through our site shall:

  1. be free from errors and inaccuracies;
  2. be fit for purpose;
  3. other than as expressly qualified by you, be the result of your sole intellectual effort and original;
  4. be accurate (where it states facts);
  5. be genuinely held (where it states opinions);
  6. comply with applicable law;
  7. not require us to gain any permissions or consents from any other person to allow us to exercise the rights set out hereunder;
  8. not cause us to infringe the rights of any other person by way of exercising the rights granted to us hereunder or otherwise; and
  9. be relevant.

You warrant that any information or material submitted by you to or through our site shall not:

be defamatory of any person;

be obscene, offensive, hateful or inflammatory;

promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual other than where you have the express permission of that individual to disclose such information and to allow such information to be used and made available subject to and in accordance with these terms and conditions of website use;

infringe any copyright, database right or trade mark of any other person;

breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

by its submission breach any court order or other binding declaration;

impersonate any person, or misrepresent your identity or affiliation with any person;

advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or

contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

THE WARRANTIES PROVIDED FOR IN CLAUSE 13.4 AND CLAUSE 13.5 MUST BE COMPLIED WITH IN SPIRIT AS WELL AS TO THE LETTER.  WE WILL DETERMINE, IN OUR SOLE DISCRETION, WHETHER ANY MATERIAL SUBMITTED BY YOU THROUGH OUR SITE BREACHES THESE WARRANTIES. YOU INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE WARRANTIES.

Where information or material submitted to or through our site in our opinion breaches these designers terms and conditions, we may at our sole discretion take all or any of the following actions:

investigation of the identity of the person responsible for submitting such information or material and the circumstances surrounding the submission of such information or material, in respect of which you undertake to provide us with confirmation of your identity and any other information we may require in connection therewith and to cooperate with us fully;

immediate, temporary or permanent withdrawal or removal of the information or material or your ability to access to our site;

issuing a warning to you;

raising legal proceedings against you for recovery of all costs resulting from the breach;

raising further legal action against you;

disclosing such information to law enforcement authorities or relevant third parties as we reasonably feel is necessary or as required by law; or

such other action as we reasonably deem appropriate.

WE HEREBY EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE TAKING OF ALL AND ANY OF THE ACTION REFERRED TO IN CLAUSE 13.7.

Sale of Pattern Designs

If you wish to sell a Digital Pattern through our site you must submit a request to publish your Digital Pattern by email to us at info@stitchmastery.com. We may refuse your request for whatever reason we may in our sole discretion determine.

Details of the submission process for Digital Patterns are available at our “About Selling” section.

We will review and convert the Pattern Design into a format (a “Knitmastery Pattern“) that can be downloaded and used in the Knitmastery mobile software.

If the Knitmastery Pattern is unacceptable to you, you should contact us to advise of any changes that you would like us to make.

We will also create a draft store front for you if one does not already exist and a draft listing for the Knitmastery Pattern on our website. You should review both the store front and the listing and set the price for the Knitmastery Pattern which shall be in pounds sterling exclusive of any applicable sales tax (the “Guide Price”). You may change the Guide Price for your Knitmastery Pattern by amending your listing upon our site at any time.

If the Knitmastery Pattern and listing are acceptable to you you should publish the listing to make the Knitmastery Pattern publicly available.

We may, at our own cost, apply discounts or offers to your Knitmastery Pattern(s) from time to time. The “Published Net Price”, being the price which your Pattern is offered for sale, shall be the Guide Price less any such discounts and offers.

Each time your Knitmastery Pattern is sold, we will collect the Published Net Price from the customer. Notwithstanding that the Published Net Price collected may be lower than your Guide Price (following discounts and offers) the Guide Price, less our fees chargeable for the sale of Knitmastery Patterns shall become payable by us to you (the “Realisation Amount”) when we receive the Published Net Price. We act as your agent in the sale of Knitmastery Patterns and the collection of related sums.

Further information about our fees for the sale of Knitmastery Patterns can be found at our “About Selling” section which contains up to date details of our fees and fee structure. We may change the rate of our fees or our whole fee structure from time to time in our sole discretion. If we make such a change, it will be effective fourteen (14) days from posting on our site.

Unless otherwise stated, all Guide Prices, Published Net Prices, Realisation Amounts and our fees are in pounds sterling. Payments by us to you shall be made only in pounds sterling.

You acknowledge and agree that we may engage subcontractors to assist with the whole or any part of the foregoing.

We are responsible for collecting and remitting any and all value added taxes imposed on sales of Knitmastery Patterns. You are responsible for any income or other taxes due and payable resulting from the sale of Knitmastery Patterns. We reserve the right to deduct or withhold any and all applicable taxes from amounts due by us to you and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.

If you are resident in the European Union, you will need to inform us if you are, or if applicable your business, is registered for value added tax and provide your value added tax registration number. If you are value added tax registered we will add value added tax to any payments that we make to you. It is your responsibility to ensure that the value added tax registration information that you supply to us is up to date at all times. You agree to enter into a “self-billing” arrangement with us in which you agree that we will produce an invoice on your behalf on a monthly basis for any Realisation Amounts realised due to sales of your Pattern Designs/Knitmastery Patterns during the previous monthly period.

We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the sales that may be made through our site.

In the event that the payment provider for a customer for a Knitmastery Pattern seeks the return of any amount paid therefor or disputes our authorisation to collect (or procure the collection of) such amount (a “Chargeback”) you agree on our request to subrogate or otherwise assign to us your rights against any third parties related to such Chargeback, and agree that we may pursue those rights directly or on your behalf as we may in our sole discretion determine. You undertake at our request to support a Chargeback by filing and supplying to us a copy of a police report. You shall, on our request, reimburse us in respect of any payment made to us and remitted to you, which is subsequently reversed for any reason.

The total amount owed to you on the last day of the month will be paid into your account before the end of the following month.

You shall maintain a Paypal account into which payments to you shall be made. You shall keep us informed of all details of this account.

You further agree:

  1. to provide to us any information required by us or our service providers including to allow us to properly verify your identity, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations, within such timescales as we may require;
  2. to abide by any terms and conditions relating to use of or interaction provided by those service providers;
  3. that any information submitted by will not be false, inaccurate or misleading; and
  4. not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, our service providers or any third party.

We may, at our reasonable discretion impose limits on the payments which may be collected through our site.

We may withhold payments of Realisation Amounts if:

  1. we have had to issue refunds to customers in relation to any of your Knitmastery Patterns, to the extent of the aggregate amount of any such refunds outstanding;
  2. a claim is made by a third party that you have infringed their proprietary rights, until we have determined the validity of any such claim and if such claim is found to be valid, we shall not owe you any further Realisation Amounts in respect of the Knitmastery Pattern to which the claim relates;
  3. we have had to terminate or suspend this agreement with you as a result of breach by you of its terms;
  4. you have been using our site in a manner that results in or may result in chargebacks, or liability for us to pay any sums to any third party, including without limitation any fees or fines to any third party; or
  5. you have been using our site in a manner that we or any financial institution reasonably believe to be an abuse of the banking industry’s reversal process, credit card system or a violation of credit card association rules, or in a manner that results in or may result in any liability to, complaint by or dispute with any third party.

You consent to our service providers disclosing to us information concerning any details concerning you and our subsequent disclosure of this information in so far as may be necessary to enable us to properly and fully exercise our rights under these terms and conditions of website use.

Exclusions

The terms of our Privacy and Cookie Policy shall form part of these terms and conditions of website use.

THESE TERMS AND CONDITIONS, OUR TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY AND COOKIE POLICY SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF OUR SITE, THE SERVICES AND MATERIAL. IN PARTICULAR, THERE ARE NO CONDITIONS, WARRANTIES, GUARANTEES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING UPON US EXCEPT AS SPECIFICALLY STATED IN THESE DOCUMENTS. IN SO FAR AS IS POSSIBLE WE EXCLUDE ALL CONDITIONS, WARRANTIES, GUARANTEES, REPRESENTATIONS AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW OTHER THAN THOSE EXPRESSLY STATED HEREUNDER.

WHERE WE EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS, SUCH EXCLUSION SHALL INCLUDE, IN SO FAR AS IS PERMITTED UNDER LAW, ALL LIABILITY FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES INCLUDING ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE OF TRANSMISSION, COMMUNICATION, COMPUTER OR OTHER FACILITIES, FAILURE, ERROR OR DELAY IN THE SENDING OF ANY NOTICE, COMMUNICATION OR INSTRUCTION VIA ANY MEDIUM WHATSOEVER, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT OF ANY SUMS DUE TO YOU.

THE EXCLUSIONS OF LIABILITY HEREUNDER DO NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Transfer

You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions without our prior written consent.

We may sub-licence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions at any time.

General warranties

You warrant that:

  1. you have right, power and authority to enter into this agreement and to grant the rights granted to us hereunder; and
  2. you shall comply with all applicable laws, statutes, ordinances and regulations concerning your use of our site and interaction with us.

Breach

If you breach any of these terms and conditions, all of your rights under these terms and conditions including your right to use our site, the Services and the Material will cease immediately.

If we have reason to believe that you have breached these terms and conditions or are likely to breach these terms and conditions we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected from you.

YOU ARE RESPONSIBLE FOR ALL LOSSES, COSTS, EXPENSES, CLAIMS, DEMANDS OR OTHER LIABILITIES (INCLUDING LEGAL FEES) INCURRED BY US, OUR SERVICE PROVIDERS OR ANY THIRD PARTIES CAUSED BY OR ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS. YOU INDEMNIFY US AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS ARISING FROM BUSINESS INTERRUPTION AND OTHER LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

Circumstances beyond our control

We will not be liable for any failure to perform any obligation under these terms and conditions due to causes beyond our reasonable control.

These terms and conditions do not confer any rights on any person other than you and us.

Variation

We reserve the right to change these terms and conditions at any time by amending this page. Any such change in these terms and conditions will be effective once reflected in the text of these terms and conditions as published on our site. You undertake to check this page and the page from time to time to take notice of any changes we have made, as they are binding on you.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance
with such obligations.

Severability and entire agreement

If any term, condition or provision of these terms and conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

THESE TERMS AND CONDITIONS, OUR TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY AND COOKIE POLICY ARE THE WHOLE AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THE OBLIGATIONS PROVIDED FOR IN THESE DOCUMENTS IN RELIANCE UPON ANY STATEMENT, WARRANTY OR REPRESENTATION MADE BY US OR ANY OTHER PERSON AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHTS TO CLAIM DAMAGES AND/OR TO RESCIND YOUR OBLIGATIONS HEREUNDER BY REASON OF ANY MISREPRESENTATION (OTHER THAN A FRAUDULENT MISREPRESENTATION) THAT IS NOT CONTAINED IN THESE DOCUMENTS.

Notices to You

We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to us.

With the exception of amendments to these terms and conditions which shall have immediate effect following posting upon our site (except as expressly stated otherwise), such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.

Notices to us

You may only notify us in connection with any matter arising under these terms and conditions, except where specified otherwise under these terms and conditions, by emailing us at info@stitchmastery.com.

Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in Scotland shall be excluded.

Applicable law

The interpretation, construction, effect and enforceability of these terms and conditions are governed by Scots law.