TERMS & CONDITIONS
Access to and use of the website www.ralphpink-patterns.com (the “Site”) and its associated services, including any tools, discussions, boards, wikis, interactive areas, or other features or products available through the Site (collectively, the “Services”) are subject to the following terms and conditions together with the documents referred to in them (collectively the “Terms”). Please read the Terms carefully before using the Site. We recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Site or by ordering any Products, you are agreeing to all of the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we have made to the Terms.
If you do not wish to accept these Terms in their entirety, then please do not use the Site.
The Site is provided by Ralph Pink Ltd (“we/us/our”), a private limited company with company number 07896242 and registered office at 200 St John’s Road, Tunbridge Wells, Kent, TN4 9XD. Our trading address is at 206A Grange Road, London, SE1 3AA.
Access to the Site is permitted on a temporary basis and we reserve the right to change the way the Site works from time to time and to withdraw any features or content provided on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. We may also restrict access to some or all parts of the Site from time to time.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms. Please also note unless otherwise noted with respect to a particular item or items offered through the Site, you may use the Site only for your personal, non-commercial purposes so you must not share your password or account details with any third parties for the purpose of allowing them to download or otherwise access any item(s) purchased by you through the Site.
Registration is required to access and use certain features of the Site. You must be at least 13 years of age to register for use of the Site and by registering for the Site, you represent that you are at least 13 years old. Please note that this Site is not aimed at children under 13 years of age, and we do not intend to collect any personally identifiable information relating to any person under thirteen years of age.
You will select a username and password when registering to use the Site. Registered users are referred to as Members in these Terms and throughout the Site. We have the right, but not the obligation, to reject, change, disallow, or discontinue at any time any username that we consider, in our sole unfettered discretion, is objectionable or inappropriate for any reason. You acknowledge and agree that you shall be fully responsible for the use of and any acts undertaken or enabled by the use of your username and password.
You acknowledge that the Site contains information, software, drawings, designs, photographs, and other content and materials that are protected by copyright, trademark or other intellectual property rights of us or third parties. Unless otherwise noted with respect to a particular item or items offered through the Site, you may use the Site only for your personal, non-commercial purposes, and you may not modify, publish, retransmit, create derivative works from or otherwise exploit the Site or any of the contents thereof. Please note that you may only download content from the Site in accordance with our Terms of sale
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed unless explicitly stated (for example, instructions for constructing patterns purchased through the Site). We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
To the extent permitted by law, we disclaim all representations and warranties, whether express or implied, that content or information displayed in or on this Site is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
Some content, such as open source sewing patterns, may be made available for use without restrictions. Any such content will be clearly identified on the Site as an “Open Source Pattern”. You acknowledge and agree that, except for items specifically and clearly designated as Open Source Patterns all of the restrictions set forth in our Terms of sale will apply to all of the content on the Site, and that this content is protected by copyright, trademark or other intellectual property rights of Ralph Pink or third parties. Patterns distributed on the Site, whether available for sale or available for free, are patterns created and made available by us to our Members. We encourage your creative personal use of the designs we distribute with the patterns. However, while you are free to use the designs in your creative personal process, you may not, commercially or otherwise, distribute the Patterns themselves to any third party.
OUR USE OF THE SITE
You must only use the Site for lawful purposes and must not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt (a) any part of our Site, (b) any equipment or network on which our Site is stored, (c) any software used in the provision of our Site, or (d) any equipment or network or software owned or used by any third party.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
USE OF THE SITE FROM OUTSIDE THE UK
Except where otherwise specified on this Site, the materials on this Site are displayed solely for the purposes of promoting Products available in the UK. If you choose to access this Site from locations outside the UK, you are responsible for complying with local laws if and to the extent that local laws are applicable.
We strive to create an active community and welcome all interested users and their contributions. However, we have the right, but not the obligation, to take any of the following actions, in our sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
- Restrict, suspend or terminate your access to or use of the Site;
- Change, suspend or modify all or any part of the Site or the features thereof;
- Refuse or remove any material posted on, submitted to or communicated through the Site by you;
- Deactivate or delete any screen names, profiles or other information associated with you; or
- Alter, modify, discontinue or remove any content of the Site.
We will not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, we may, or our affiliates may, contact you via email concerning the promotion of our products or services on the Site. Notwithstanding the foregoing, you acknowledge and understand that some features of the Site are designed to permit users to post photographs and information for public viewing and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.
Certain features of the Site may permit you to upload photographs or video (collectively, “Images”) or information, including, but not limited to, your personal information, text, sewing patterns (“collectively, “Information”) to the Site, or otherwise make Images or Information available for viewing through the Site. You may only upload Images or Information you own, or that you have the right to upload. The following terms are applicable to your submission of Images or Information for posting on or viewing through the Site:
You must be at least 13 years old to submit an Image. We will not knowingly permit anyone under the age of 13 to submit Images. Please note that if you are under the age of 13 you may not submit any Images to the Site;
You may not submit to the Site Images depicting anyone other than yourself unless you have received the express consent to such submission from the depicted persons;
By submitting any Image or Information to the Site, you hereby grant us (and our affiliates, subsidiaries, licensees and assigns) an irrevocable, perpetual and royalty-free right to, in connection with the operation and/or promotion of the Site, use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Image or Information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to us include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Image or Information;
By submitting any Image or Information to the Site, you hereby represent and warrant that the submitted Image or Information does not and shall not infringe on any copyright or other right of any third party, and that you have the right to grant any and all rights and licenses granted to us hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
You acknowledge and agree that we shall have no obligation to post, display or otherwise make publicly available any Image or Information submitted by you, and may, in our sole and unfettered discretion, remove, edit, modify or delete any Image or Information that you submit to the Site;
You understand and intend that any Image or Information submitted by you to the Site may be available for viewing and comment on by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Image or information you submit to the Site. By submitting any Image or Information to the Site, you hereby waive any privacy expectations that you may have with respect to any such Image or Information submitted by you to the Site;
You hereby agree to hold us and our affiliates, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site, or any other use authorised under these Terms, of any Image or information submitted to the Site by you;
Images or information submitted by you to the Site shall be our property and we shall have no obligation to preserve, return or otherwise make available to you or others any photos or information submitted to the Site by you.
You are solely responsible for your interactions with other users of or visitors, including other Members, to the Site. We shall have the right, but not the obligation, to monitor interactions utilising the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties, including other Members. You acknowledge and agree that we, our affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold us or them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
Please note that we do not verify any information posted to or communicated via the Site by any users (including Members) and we do not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that we do not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the Site.
We respect the intellectual property rights of others. We will, under appropriate circumstances, and at our sole discretion according to the Terms block access to the Site by Members, block the username of users, or delete accounts of those who infringe the copyrights of third parties.
We are the owner or the licensee of all intellectual property rights in and to this Site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
Unless otherwise noted with respect to a particular item or items offered through the Site, you may use the Site only for your personal, non-commercial purposes, and you may not modify, publish, retransmit, create derivative works from or otherwise exploit the Site or any of the contents thereof.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
If you acquire any copyright or other intellectual property rights in the Site (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in any user generated content that you submit through the Site) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Site. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights and all moral rights you acquire in or to the Site.
If you print off, copy or download any part of our Site in breach of these Terms or the Terms of sale, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
ITEMS OFFERED FOR PURCHASE
We will make every attempt to ensure that information on this Site is accurate, complete and current as it relates to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. Availability of items offered for download may vary. We reserve the right, without prior notice, to limit the order quantity on any item offered for download and/or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance of any order
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation, any liability for loss of income or revenue, business, profits or contracts, anticipated savings, data, goodwill and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
DISCLAIMERS/LIMITATIONS OF LIABILITY
The Site is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind. We endeavour to provide the Site using all reasonable care and will use reasonable efforts to make it available to you at all times. However, you acknowledge that the Site is provided over the Internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or any website (or any combination of these things).
We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site of the server that makes it available are free of viruses or bugs.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed by any other Site, nor may you create a link to any part of our Site other than our home page. We reserve the right to withdraw linking permission without notice. The website which you are linking from must comply in all respects with the provisions of these Terms.
If you wish to make any use of the material on our Site other than as set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.
TRANSFER OF RIGHTS AND OBLIGATIONS
You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms are found to be illegal, invalid or unenforceable by any court or competent jurisdiction, the rest of the Terms shall remain in full force and effect.
THIRD PARTY RIGHTS
Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
JURISDICTION AND APPLICABLE LAW
Any matter that arises out of your use of the Site (including any contract entered into between you and us through the Site) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
These Terms and any documents expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
If you have queries about these Terms or any comments about our Site in general, please do not hesitate to email us at email@example.com.
Last updated: April 2015