Effective date: November 20, 2018
1) INTRODUCTION AND ACCEPTANCE
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2) ITEMS FOR SALE
- how to purchase an item on Etsy: https://help.etsy.com/hc/en-us/articles/115013196707-Purchasing-an-Item
Prices and availability information are subject to change without notice. I reserve the right to modify or discontinue the Service without notice at any time. I shall not be liable for any modification or discontinuance of the Service.
4) REFUND POLICY
Due to the nature of digital downloads, no refunds will be given once the file or the Etsy download link has been sent to you.
5) INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by me, Andrea Komornik, the owner of Patch Poppets and protected by international copyright laws.
6) COPYRIGHT POLICY
Please check my copyright policy here: www.patchpoppets.com/copyright
7) ACCESS, USE AND RESTRICTIONS
When accessing my Website, including without limitation to the Website Content, you agree to comply with all applicable local laws including, without limitation copyright law.
You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, you are expressly and emphatically restricted from all the following:
- removing, altering, covering, or distorting any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you, and I may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
With respect to User Content, by displaying/sending it, you grant me a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in all media.
In addition to the above, I reserve the right to remove, edit, and copy any of User Content at any time, and for any reason, without notice.
I am under no obligation to respond to any comments or keep them in confidence.
8) USER CONTENT
It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and I do not accept any responsibility for the same.
You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- impersonates another or is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- is a chain letter of any kind.
Moreover, any conduct by a user that in my sole discretion restricts or inhibits any other user from using or enjoying my Website will not be permitted.
With respect to User Content, by submitting it, you grant me a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in all media.
I reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the website and advertising networks of my distribution partners and third-party service providers (including their downstream users).
I have the right, but not the obligation, to monitor User Content. I have the right in my sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content. I am under no obligation to respond to any comments or keep them in confidence.
9) PERSONAL INFORMATION
The entire communication with me is electronic. Every time you send me an email or visit my Website, you are going to be communicating with me. You hereby consent to receive communications from me.
If you subscribe to the newsletter on my Website, you are going to receive regular emails from me. I will continue to communicate with you by posting news and notices on my Website and by sending you emails.
You also agree that all notices, disclosures, agreements and other communications I provide to you electronically meet the legal requirements that such communications be in writing.
You expressly agree that the use of this Website is at your sole risk.
The Website and the Website Content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied.
Without limiting the foregoing and to the fullest extent permitted by law, Patch Poppets (Andrea Komornik) and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: warranties that the Website will meet your requirements; warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Website; warranties of title, non-infringement, merchantability, or fitness for a particular purpose; warranties for services or goods received through or advertised on my Website or accessed through my Website; warranties concerning the accuracy or reliability of the results that may be obtained from the use of the Website; warranties that your use of the Website will be secure or uninterrupted; and warranties that errors in the software will be corrected.
13) LIMITATION ON LIABILITY
Your sole remedy for dissatisfaction with my Website including, without limitation, the Website Content is to stop using my Website.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
15) GOVERNING LAW
16) ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between me and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
17) CONTACT INFORMATION
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