The Site is an online community which enables knitters and graphic artists to create and share motifs, share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content Motif Knitting makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Motif Knitting. Motif Knitting reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Motif Knitting may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with Motif Knitting and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Motif Knitting account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Motif Knitting account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.
The Services are for use by individuals who are photographers and graphic artists. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Motif Knitting are entirely responsible for all Content that you post, or otherwise submit to the Site. Motif Knitting does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Motif Knitting. By way of example, and not as a limitation, you agree not to use the Services:
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Motif Knitting at email: email@example.com.
You are solely responsible for your interactions with other users of the Site. Motif Knitting reserves the right, but has no obligation, to monitor disputes between you and other users.
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Motif Knitting a worldwide, Non exclusive license to use the content and are representing and warranting to Motif Knitting That the content is owned or duly licensed by you, and that Motif Knitting is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of Motif Knitting’s agreement to allow you to post Content to the Site and Motif Knitting’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Motif Knitting as follows:
Motif Knitting maintains a fair usage policy to ensure stable and fast service to all users.
We have no limitation on the number of motifs you create. The site is for creative inviduals. Please respect copyrights and inmaterial rights. Our estimation is a maximum of 100 motifs per user. Overgoing this limitation may conclude in limitation of your account.
If you are a company or book publisher however we suggest you to have a separate contract with us.
Removal of Motifs
At any time you can remove your motifs from your collection site. In addition, Motif Knitting may remove any Motif that it believes to be in breach of the Terms. In all cases copies of your motifs posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Motif License will exist for the period during which a Motif is posted on your collection and will automatically terminate upon the removal of the collection from the site. Notwithstanding the foregoing, the Motif License will continue in respect of any motifs whose knitting was started by an another customer.
Subject to the licenses granted to Motif Knitting in these Terms you retain ownership of your Motifs.
You may terminate your Motif collection account at any time in your sole discretion. Motif Knitting may terminate your account at any time for any reason or no reason. All motifs remaining in your collection will be removed by Motif Knitting upon termination of your collection account.
Motif Knitting respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Motif Knitting will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Motif Knitting of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable Motif Knitting to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Motif Knitting with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable Motif Knitting to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Motif Knitting has no control over such sites and resources, you acknowledge and agree that Motif Knitting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Motif Knitting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You hereby expressly and irrevocably release and forever discharge Motif Knitting, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Motif Knitting, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Motif Knitting Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
In no event shall Motif Knitting be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii)
Motif Knitting, knittedforyou.com and other knittedforyou graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Motif Knitting. Motif Knitting trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Motif Knitting. The images and icons available in the Motif Knitting icon pack may used by partners and third party sites in connection with providing appropriate links to the Motif Knitting Site.
Motif Knitting may terminate or suspend any and all Services and/or your Motif Knitting account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Motif Knitting account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Motif Knitting will automatically remove all Content posted to your account.
Motif Knitting reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Motif Knitting will notify you by posting an announcement on the site. What constitutes a material change will be determined at Motif Knitting’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Motif Knitting in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Motif Knitting shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Motif Knitting’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Motif Knitting may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.