PATTERNOBSERVER.COM – TERMS & CONDITIONS OF USE AGREEMENT
The PATTERNOBSERVER.COM website (hereinafter referred to as the “Website”) is designed to provide users with high quality information and educational material about textile design.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms: The 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, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you are simply browsing our Website) or you are a “Student” (which means that you have registered for any of the Website’s online courses). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service 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 any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
3. Limitations on Website Content Use: Content on the Website is provided to you “AS IS” for user’s information and personal use only and its content 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 owners and copyright holders.
4. User Account, Password and Security: If you register for course participation on the Website, 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 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.
5. Proprietary Rights: All materials on the Website, including, without limitation, names, logos, trademarks, service marks, images, text, columns, graphics, videos, photographs, instructional materials, illustrations, artwork, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Website owner, or by third parties that have licensed or otherwise provided their material to the Website. You acknowledge and agree that all Content on the Website is made available for limited, non-commercial, personal use only. 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. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our 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, 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 SITES LINKED TO THIS 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, (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, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING YOUR 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, (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 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 Service or any of our Website (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 Service or our Website.
9. 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 you and the Website that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Buncombe County, North Carolina.
