BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ENTER THE BURDASTYLE WEBSITE.
BurdaStyle, Inc. (”BurdaStyle“), owns and operates the BurdaStyle.com site (the "Site"). Your access to and use of the Site and its associated services, including any tools, discussions, boards, wikis, interactive areas, or other features, is subject to the following terms and conditions (the "Terms"). BurdaStyle may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your access to or use of the Site or any of its associated services following the modification of these Terms shall constitute your binding acceptance of and agreement to be bound by those modified Terms.
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. By registering for the Site, you represent that you are at least 13 years old. This Site is not directed at children under 13 years of age, and BurdaStyle does not intend to collect any personally-identifying 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 Conditions and throughout the Site. BurdaStyle has the right, but not the obligation, to reject, change, disallow, or discontinue at any time any username that, in BurdaStyle's sole unfettered discretion, is objectionable or inappropriate for any reason. You are solely responsible for maintaining the confidentiality of your username and password. 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 BurdaStyle 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. While we may allow Members to link to personal profiles on third party sites as well as personal websites on their profile pages, BurdaStyle is not responsible for any link to any third party website. You may not download any content on the Site that is offered for sale except under the Terms of Sale. You understand and acknowledge that the Site contains content created by or on behalf of BurdaStyle as well as content provided by third parties and:
Some content, such as open source sewing patterns, may be made available for use without some restrictions. Any such content will be 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 Paragraph 3 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 BurdaStyle or third parties. Open Source Patterns distributed on the Site, whether available for sale or available for free, are patterns created and made available by BurdaStyle to its 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 Open Source Patterns themselves to any third party.
You agree that, when using or accessing the Site or any of the features thereof, you will not:
BurdaStyle strives to create an active community and welcomes all interested users and their contributions. However, BurdaStyle has the right, but not the obligation, to take any of the following actions, in BurdaStyle's sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
BurdaStyle does not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, BurdaStyle or its affiliates may contact you via email concerning the promotion of their 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 are solely responsible for your interactions with other users of or visitors, including other Members, to the Site.
You hereby agree to indemnify, defend and hold harmless BurdaStyle, its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys' fees) in connection with any claim arising out of your use of the Site or violation of any of these Terms.
BurdaStyle respects the intellectual property rights of others. BurdaStyle will under appropriate circumstances and at its 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.
If you believe that the copyright in your work has been infringed on the Site, please provide written notice of your claim of copyright to BurdaStyle's Copyright Agent to BurdaStyle, Inc., c/o Copyright Agent, 1270 Avenue of the Americas, Suite 2908, New York, NY 10020, USA, or contact us, by email, at firstname.lastname@example.org and include all of the following information in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512:
If your content has been removed, or access to it disabled because of a copyright infringement notification we received, and you believe that this notification was in error, you may send us a counter notice. Please send your written counter notice to BurdaStyle, Inc., c/o Copyright Agent, 1270 Avenue of the Americas, Suite 2908, New York, NY 10020, USA, or contact us, by email, at email@example.com, and provide us with the following information:
Please note that if you knowingly make false claims, whether in your notice or your counter notice, you may be subject to liability for damages under Section 512(f). Note that we may inform the person who uploaded or otherwise provided the allegedly infringing content of the information in this notice.
BurdaStyle 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 apologize for any inconvenience this may cause you. Availability of merchandise or other items offered for sale may vary. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available on the Site when you visit again. We reserve the right, without prior notice, to limit the order quantity on any product or item offered for sale 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 and/or shipment of any order.
These Terms constitute the entire agreement between BurdaStyle and you with respect to the subject matter hereof, and supersede any previous oral or written agreement between us with respect to such subject matter. These Terms shall be construed in accordance with the laws of the State of New York, without regard to the conflicts of law provisions thereof.
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