Your User Agreement

The following describes the terms on which Emailed Vintage Patterns (EVP) offers you access to our services.

Introduction

Welcome to EVP. By using EVP (including EmailedVintagePatterns.com and its related sites, services and products), you agree to the following terms. If you have any questions, please refer to our help section.
This Agreement is effective on January 28th, 2010, for current users, and upon acceptance for new users.

Scope

Before you may become a buyer from EVP, you must read and accept all of the terms in, and linked to, this User Agreement and the EVP Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use EVP sites or services, or when you use the products we make available to interact with EVP sites and services. If you use another EVP site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some EVP sites, services, and products may have additional or other terms that we provide to you when you use those sites, services, or products.

Using EVP.

While using EVP sites, services and products, you will not:

• resell any of EVP's products, patterns, books, booklets, or items;
• violate any laws, third party rights or our policies;
• use our sites, services, or products if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or products;
• circumvent or manipulate our fee structure, the billing process, or fees owed to EVP;
• take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to EVP);
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm EVP, or the interests or property of EVP users;
• copy, modify, or distribute rights or content from the EVP sites, service, or products or EVP's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing EVP

EVP and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, bad links, copyright information and policy violations to us.

EVP's Verified Rights Team (VeRT) works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify VeRT by the Verified Rights Team (VeRT) Form Submission page and we will investigate. The team includes anyone we feel will help verify the copyright of any single item and is subject to change.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and products, delay or remove orders, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue EVP sites, services, or products.

EVP Buyer Protection Policy

Buyers share the responsibility for making sure purchases facilitated by EVP are exciting, rewarding, and hassle-free.  Buyers are responsible for making sure their computers are compatible with EVP services before purchase. We strongly encourage buyers to work with EVP before opening a claim relating to a purchase. Buyers agree to follow the requirements of the EVP Buyer Protection Policy with respect to claims.

EVP is not responsible for computer compatibility issues; lost files; computer malfunctions, viruses, or any and all problems which may occur from downloading or installing third party software, files, or any other digital media. EVP Buyer Protection covers only items purchased from EVP, and claims may not exceed the price paid to EVP. EVP will only respect claims filed in accordance with the EVP Buyer Protection Policy, not claims filed with PayPal. We may suspend the EVP Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

There is a 90-day window on refunds, during which EVP will refund the buyer for the cost of the item and the original shipping. The Buyer agrees to delete all copies of the products from his computer, digital copies of any kind, and hard copies.

Fees and Services

Joining EVP is free. We do charge members fees for using other services, such as purchasing items. When you purchase an item, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to pricing are effective immediately. We may choose to temporarily change the fees for our services for promotional events (for example, special deals, sales, etc. . .) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails, you will not receive the product.

Content

When you give us content, through our members section or otherwise, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the promotion of EVP, we may make members only material available to the general public at our discretion.

While we try to offer reliable data, we cannot promise that the websites will always be accurate and up-to-date, and you agree not to hold our websites content providers or us responsible for inaccuracies in website content. The websites may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the products, websites, physical or digital items or create any derivative works based on EVP content (other than the buyer-made physical items described by the instructions contained in the content).

Limitation of Liability

You will not hold EVP responsible for the availability and/or cost of materials, tools, or anything else needed to complete the instructions provided by our products. We are not involved in the actual creation of the objects described in our products. You will not hold EVP responsible for injuries incurred during the creations of objects described by our products. While we may help facilitate the creation of objects through our instructions, we have no control over and do not guarantee the quality, safety, or cost of materials required to make items advertised, the ability of buyers to make and complete items, the ability of buyers to sell created items, or that a buyer will start, enjoy, or complete the instructions contained in our items.

You will not hold EVP responsible for other users' content, actions, or inactions; or for any injury incurred to you or your property during or resulting from the use of our websites, forums, or products.

We do not transfer legal ownership of items to the buyer, and nothing in this agreement shall modify the governing provisions of U.S. Law.  Further, we cannot guarantee continuous or secure access to our sites, services, or products, and operation of our sites, services, or products may be interfered with by numerous factors outside of our control.  We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and products.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 12 months prior to the action giving rise to the liability.

Release

If you have a dispute with one or more users, or if the use of any of our products interfere with your safety, well-being, or alter monetary values of any kind you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You waive any right that would interfere with this release.

Access and Interference

Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to EVP. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the sites without the prior express written permission of EVP and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites, services, or products, or any activities conducted on or with the sites, services, or products; or
• bypass other measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the EVP Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the EVP Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on EVP's customer service email address (in the case of EVP) or to the email address you provide to EVP during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Resolution of Disputes

If a dispute arises between you and EVP, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and EVP agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contacting Customer Service help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of South Carolina as they apply to agreements entered into and to be performed entirely within South Carolina between South Carolina residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against EVP must be resolved exclusively by a state or federal court located in Greenville County, South Carolina, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Greenville County, South Carolina for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against EVP must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, EVP may recover attorneys' fees and costs up to $1000, provided that EVP has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

• Community content policy (covers Reviews, Guides, Blog Entries, Wiki Articles and Member-Created Product Descriptions) - http://www.emailedvintagepatterns.com/index.php/community-content-policy

Each of these policies may be changed from time to time. Changes take effect when we post them on any EVP site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify members through the EVP Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.