The following describes the terms and conditions applicable to your access and use of the burdastyle.com website.
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:
- BurdaStyle does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites; and
- By viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall BurdaStyle be liable in any way, under any theory, for any third party content.
4. SPECIFIC CONTENT
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.
5. USER CONDUCT
You agree that, when using or accessing the Site or any of the features thereof, you will not:
- Access or use the Site other than for your personal use;
- Violate any applicable law or regulation;
- Interfere with or damage the Site;
- Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
- Systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site;
- Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
- Transmit or post harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
- Transmit or post any unsolicited advertising, promotional materials, or spam;
- Stalk or harass any user or visitor to the Site; or
- Use the content or information available on the Site for any improper purpose.
6. OWNER'S RIGHT
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:
- 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.
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.
8. SUBMITTING CONTENT
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. BurdaStyle will not knowingly permit anyone under the age of 13 to submit Images. If you are under 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 to BurdaStyle and its 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 BurdaStyle 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 BurdaStyle hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
- You acknowledge and agree that BurdaStyle shall have no obligation to post, display or otherwise make publicly available any Image or Information submitted by you, and may, in its 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 BurdaStyle and its 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 authorized 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 the property of BurdaStyle, and BurdaStyle 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.
9. USER INTERACTION
You are solely responsible for your interactions with other users of or visitors, including other Members, to the Site.
- BurdaStyle shall have the right, but not the obligation, to monitor interactions utilizing 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 BurdaStyle, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
- BurdaStyle does not verify any information posted to or communicated via the Site by any users (including Members) and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that BurdaStyle does 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.
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.
11. COPYRIGHT POLICY
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 email@example.com and include all of the following information in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512:
- Identify the owner of the copyright interest that allegedly has been infringed and supply an electronic or physical signature of the owner or a person authorized to act on behalf of the owner;
- Identify the work that you claim is infringed. If you claim infringement of multiple works, identify a representative list of these works;
- Identify the material on the Site that is claimed to be infringing and provide reasonably sufficient information to permit BurdaStyle to locate the material on the Site. Please provide URLs, in your letter or in the body of your email to allow us to quickly locate the relevant content;
- Provide your postal address, email address and telephone number;
- Include a statement that you, the complaining party, has a good faith belief the use of material that is being complained about is not authorized by the owner of the copyright interest, its agent, or the law; and
- Include a statement made under penalty of perjury that the information contained in the above-described notice of a copyright claim is accurate and that the person sending the notice is the owner of the copyright interest that allegedly was infringed or is authorized to act on behalf of the owner.
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 firstname.lastname@example.org, and provide us with the following information:
- A physical or electronic signature of the Member whose content has been removed or access to which has been disabled;
- Identification of the content that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- The Member’s name, address, and telephone number, and a statement that the Member consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Member’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Member will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
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.
12. ITEMS OFFERED FOR PURCHASE
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.
13. LINKS TO THIRD PARTY PAGES
14. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BURDASTYLE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMLPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BURDASTYLE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
- IN NO EVENT WILL BURDASTYLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.
- THE MAXIMUM AGGREGATE LIABILITY OF BURDASTYLE UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY ORDER PLACED THROUGH THE SITE WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS RECEIVED FROM YOU RELATING TO SUCH ORDER.
15. ENTIRE AGREEMENT
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.