Terms of Use
Terms and Conditions of Purchase, Download and/or Use of Downloadable Digital Patterns and Designs
The terms and conditions set forth below (the “Downloadable Digital Pattern Terms”) constitute an agreement between you and Plaid Enterprises, Inc. (“Plaid”, “we”, “our” or “us”) regarding your purchase, download and/or use of digital patterns or designs available on this website for your purchase (“For-Sale Digital Patterns”) or for your use for free (“Free Digital Patterns” and together with For-Sale Digital Patterns, collectively, “Downloadable Digital Patterns”). For purposes of the Downloadable Digital Pattern Terms, “you” or “your” means any individual or entity purchasing, downloading and/or using any Downloadable Digital Pattern. Your purchase, download and/or use of any Downloadable Digital Pattern constitutes your acceptance of all of the Downloadable Digital Pattern Terms. As such, if you do not agree to any of the Downloadable Digital Pattern Terms, please do not purchase, download or use any Downloadable Digital Pattern.
1. Intellectual Property Rights
Unless specifically noted otherwise, all Downloadable Digital Patterns are subject to the copyright and/or other intellectual property rights held by Plaid or its affiliate(s) (“Plaid-Owned Digital Patterns”) or subject to the copyright and/or other intellectual property rights held by third parties who have licensed their rights to Plaid (“Plaid-Licensed Digital Patterns”). All of such rights are protected by applicable U.S. and international intellectual property laws. Except for those rights that are specifically granted to you hereunder, Plaid and its affiliates and licensors expressly reserve all of their respective intellectual property rights in all Downloadable Digital Patterns.
2. License and Use
When you purchase a For-Sale Digital Pattern or download a Free Digital Pattern, you are granted a non-exclusive, non-sublicensable, non-transferable, royalty-free license to download the applicable Downloadable Digital Pattern an unlimited number of times and to access and utilize such Downloadable Digital Pattern for your own personal use, subject to the Downloadable Digital Pattern Terms. Any other use, including, without limitation, any commercialization in any way, of any Downloadable Digital Pattern is strictly prohibited, except as otherwise permitted below.
Subject to the Downloadable Digital Pattern Terms, you may use any purchased or downloaded Plaid-Owned Digital Pattern to create your own craft products and sell such products for profit at craft shows and other small venues without any mass production of such products. For purposes of the Downloadable Digital Pattern Terms, “mass production” means (i) production in a factory; (ii) production by more than one person in an assembly line; (iii) production by a person other than you or a member of your family; or (iv) production in quantities of more than ten thousand finished products per year. For the avoidance of doubt, you acknowledge and agree that under the Downloadable Digital Pattern Terms, you may not utilize Plaid-Licensed Digital Patterns for any purpose other than the personal use as permitted above.
3. Warranty Disclaimers
ALL DOWNLOADABLE DIGITAL PATTERNS ARE MADE AVAILABLE TO YOU “AS IS” AND WITHOUT ANY WARRANTY. PLAID HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO, OR RELATED IN ANY WAY TO, EACH AND EVERY DOWNLOADABLE DIGITAL PATTERN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED.
4. Your Representations and Warranties
By purchasing and/or downloading any Downloadable Digital Pattern, you represent and warrant to us as follows:
- you possess the requisite legal authority to agree to and accept all of the Downloadable Digital Pattern Terms;
- you will fully comply with all applicable laws and regulations, including, without limitation, intellectual property laws, when purchasing, downloading and/or using any Downloadable Digital Pattern;
- you will not infringe or encroach upon any personal, contractual or proprietary rights, including, without limitation, intellectual property rights, of any person or entity, including, without limitation, Plaid and its licensors, when purchasing, downloading and/or using any Downloadable Digital Pattern;
- in downloading and/or using any Downloadable Digital Pattern, you will not alter it in any manner, including, without limitation, by removing or changing any copyright notice or the like placed thereon;
- you will be solely responsible for your use of any Downloadable Digital Pattern, including, without limitation, any commercialization thereof as permitted hereunder, and any and all liabilities resulting from, arising out of, related to or associated with such use;
- you will not use Plaid’s name or any of the trademarks, trade names, trade dress and logos of Plaid in any way without the prior written consent of Plaid;
- you will not re-sell, sublicense, rent out, share, transfer or otherwise distribute any Downloadable Digital Pattern or any of your rights hereunder in breach of the Downloadable Digital Pattern Terms; and
- you will not engage in any conduct that injures or may injure the business, reputation or goodwill of Plaid or any of its affiliates.
5. Pricing and Final Sale
The prices displayed on this website for Downloadable Digital Patterns are subject to change, and we reserve the right to change such prices without notice. Subject to the immediately following sentence, the prices for Downloadable Digital Patterns on this website as displayed at the time of purchase are the prices applicable to that purchase. Please note that it is possible that the prices displayed on this website contain errors despite our best efforts to maintain this website with care. If the price you pay at the time of your purchase contains any error, we reserve the right to charge you and collect from you the correct price at a later time. All sales of For-Sale Digital Patterns are final, and no return of any purchased For-Sale Digital Pattern will be permitted.
6. Limitation of Liability
IN NO EVENT SHALL PLAID OR ANY OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE EQUITY HOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ARISING OUT OF, RELATED TO OR ASSOCIATED WITH YOUR PURCHASE, DOWNLOAD AND/OR USE OF ANY DOWNLOADABLE DIGITAL PATTERN, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN BY, OR ARE REASONABLY FORESEEABLE TO, PLAID, OR WHETHER OR NOT PLAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR PURCHASE, DOWNLOAD AND/OR USE OF ANY DOWNLOADABLE DIGITAL PATTERN, IF ANY, WILL BE THE TOTAL AMOUNT OF CONSIDERATION YOU PAID FOR SUCH DOWNLOADABLE DIGITAL PATTERN. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Indemnification
You hereby agree to indemnify, defend and hold harmless Plaid and all of its affiliates and its and their respective equity holders, directors, managers, officers, employees, representatives and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of whatever kind, including, without limitation, reasonable attorney fees and the costs of enforcing any right to indemnification hereunder, resulting from, arising out of, related to or associated with the breach by you of any of the Downloadable Digital Pattern Terms or your purchase, download and/or use of any Downloadable Digital Pattern. 4
8. Right to Amend Terms
We may, in our sole and absolute discretion, amend, change or revise the Downloadable Digital Pattern Terms at any time without any notice to you, and you agree to be bound by any amendment, change and revision we make to the Downloadable Digital Pattern Terms.
9. Assignment
The Downloadable Digital Pattern Terms, and any right granted hereunder, may not be transferred or assigned by you, but may be assigned by Plaid without restriction.
10. Entire Agreement; Choice of Law; and Jurisdiction
The Downloadable Digital Pattern Terms constitute the sole and entire agreement between you and us regarding the subject matters contained herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matters, if any. The Downloadable Digital Pattern Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws thereof. Any action seeking legal or equitable relief arising out of or relating to your purchase, download and/or use of any Downloadable Digital Pattern shall be brought only in the state and federal courts of Georgia.
