KnitPoint.com Terms Of Service
Effective as of January 1, 2012
These Terms of Service (“Terms”) govern your access to and any use of KnitPoint.com (the “Site”) provided by JAKRO SOFT, LLC (the “Company”). The Company offers services through the Site and various other means that permit users to access and purchase free and paid proprietary licensed and original content (collectively referred to as “Services”), including knitting and crochet patterns in PDF and other digital formats, hereafter collectively referred to as “Content”.
Site Policies and Modifications
Your access to and use of the Site and/or any of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing the Site and/or using any of the Services, you agree to be bound by these Terms. Your activities on and use of the Site and the Services may also be governed by additional rules, guidelines or agreements, all of which are incorporated by reference herein. The Company reserves the right to make changes to these Terms and may revise them from time to time, at its sole discretion, with or without notice to you. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Terms or any other policy posted on this Site, you must immediately stop using this Site.
You are solely responsible for your use of the Services, for any content you access, purchase or download from the Services, and for any consequences thereof. You are responsible for obtaining access to the Site and the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
The Services provided by the Company are continuously evolving and the form and nature of these Services may occasionally change with or without prior notice to you. In addition, the Company retains the right to stop (permanently or temporarily) providing the Services (or any features within the Services) to you in particular or to users generally and may not be able to provide you with prior notice. The Company also retains the right to create and modify limits on use at its sole discretion at any time without prior notice to you. Any new features that augment or enhance the current Services, shall be subject to the Terms, unless explicitly stated otherwise.
While the Company attempts to be as accurate as possible, it does not warrant that the Content or other product descriptions or any information on this Site is accurate, complete, reliable, current, or error-free.
All content included on this Site, such as text, graphics, logos, icons, images, digital downloads, data compilations, software, and any other Content, is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of Company or its software suppliers and is protected by United States and international copyright laws.
Site Access and Security
You agree that your activities and use of the Site and the Services shall be in accordance with these Terms and any applicable law, regulation or generally accepted practices or guidelines. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You agree that you will not engage in any activity that, in the Company’s sole judgment, interferes with or disrupts the Services, the servers and networks which are connected to the Services, or the activities of others on the Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. You understand that your failure to comply with this requirement may result in immediate suspension or termination of your right to access and use the Services. You acknowledge and agree that in the event of such suspension or termination, you may be prevented from accessing the Services, your account data, details or any files or other Content contained in your account.
Some of the Services may require you to register for user account(s) on the Site (“Account(s)”). When you use this Site and the Services, you are solely responsible for maintaining the confidentiality of your account information, restricting access to your computer(s) or mobile device(s), and you agree to accept responsibility for all activities and actions that occur under your Account(s). We encourage you to use secure passwords that use a combination of upper and lower case letters, numbers and symbols with your account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security you must notify the Company immediately at firstname.lastname@example.org.
When you visit the Site or contact us by e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your consent to electronic agreements is necessary for use of the Site and the Services. However, if you withdraw consent by sending the Company an e-mail, this will result in the termination of your ability to use the Site and the Services.
The purchase and any form of use of the JKnit app and any of its variants (the "App"), which are currently supported on Apple's iPhone, iPad and iPod touch, are subject to the standard End User License Agreement (EULA) provided by Apple Inc. The remote access and/or use of the Services from within the App is based on your acceptance of and compliance with EULA along with all of the Terms of this agreement.
Purchases of Content
In order to make purchases on the Site, you must have an Account. When you purchase Content on the Site, you pay for the Content you select and add to the Shopping Cart. Your credit card or any other method of payment is charged at the time you make the purchase. Except where noted otherwise, any list price displayed represents the full retail price listed on the Content itself, as determined by the Company or as set by the Content supplier. The Company and its suppliers reserve the right to change the price of any Content at any time. All such pricing changes will be posted to the Site. All currency references are in U.S. dollars.
- Delivery of Content in PDF Format. All purchased Content becomes available upon the successful completion of your payment transaction. You will be presented with a download link(s) for your purchased Content in your order confirmation. You will also be able to access the download links for your purchased Content in the "My Account" section of the Site in the corresponding order details once you sign into your Account. Additionally, you will be able to download your purchased Content into the App on your mobile device after signing into your Site Account from within the App.
- Delivery of Content in JKnit Format. After purchasing Content on the Site, you will be able to download it into the App on your mobile device also in JKnit format after signing into your Site Account from within the App.
- Purchased Content Download Limits. When you purchase Content, the Company and its suppliers grant you a limited, revocable, non-exclusive, non-transferable license to download such Content to your computer(s) and/or your mobile device(s) solely for your personal non-commercial use. In order to reduce the potential impact of Content theft and piracy due to unauthorized or fraudulent Account access, each purchased Content item is limited to five (5) downloads in each format. After that the access and download links for the purchased Content will expire.
- Risk of Loss. You bear all risk of loss for completing the download of the Content after purchase, once we have made such content available to you and for any loss of the Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Unless you exceed the download limits described above in item 3 of this section, purchased Content will generally continue to be available for you to download, but may become unavailable due to potential content suppliers licensing restrictions or other reasons. The Company will not be liable to you if the Content becomes unavailable for further download. Accordingly, we encourage you to download the Content promptly after the purchase and to make back-up copies. If you are unable to complete a download after having reviewed our online help resources, please contact our customer support.
- Limited Express Warranty. Any the Content you purchase is provided "AS-IS" and "AS-AVAILABLE."
Access to Free Content
Free Content on the Site is provided under a limited, revocable, non-exclusive, non-transferable license to download such Content to your computer(s) and/or your mobile device(s) solely for your personal non-commercial use. In order to download free Content on the Site or from within the App on your mobile device(s), you must have an Account. Any free Content on the Site is provided on an "AS-IS" and "AS-AVAILABLE" basis.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of any Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another user.
You agree that the Company may, under certain circumstances, and without prior notice, immediately terminate your right to use this Site, the Services, and/or your Account indefinitely or for a set period of time. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, and/or (e) engagement by you in fraudulent or illegal activities. Further, you agree that any termination by the Company shall be at the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated Content or access to a Service. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, with respect to any purchase you've made.
Disclaimer of Warranties
You expressly acknowledge and agree that:
Your access to and use of the Site and the Services or any Content is at your own risk. You are solely responsible for your use of the Services, for any content you access or download from the Services, and for any consequences thereof. You understand and agree that the Services are available to you on an “AS-IS” and "AS-AVAILABLE" basis. Without limiting the foregoing,
THE COMPANY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Company makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. The Company will not be responsible or liable for any harm to your computer system, portable mobile device, mobile app, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that The Company has no responsibility or liability for the deletion of, or the failure to store, to sync or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty that any errors in the Site, a Service or any software will be corrected.
No advice or information, whether oral or written, obtained from The Company, from the Site or through the Services, will create any warranty not expressly stated in these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We respects the intellectual property rights of others, and we ask the users of the Site and the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you have reasons to believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your name, address, telephone number, and an email address;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent can be reached via email@example.com
Waiver and Severability
The failure of the Company to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Orange County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
These Terms and any agreements, guidelines, policies, etc., incorporated by reference herein are the entire and exclusive agreement between you and the Company and govern your use of the Services and Content, superseding any prior agreements between you and the Company with respect to the Services and Content.