MCCALL PATTERN OFFERS VARIOUS PRODUCTS, SERVICES AND CONTENT ON THE SITES.
ACCESSING, BROWSING OR OTHERWISE USING THE SITES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.
AS USED HEREIN, REFERENCES TO "YOUR" OR "YOU" SHALL INCLUDE ANYONE WHO USES OUR SITES AND/OR SERVICES, AND IF YOU HAVE CREATED AN ACCOUNT ON THE SITES, ANY AUTHORIZED USER OF YOUR ACCOUNT/PASSWORD.
The Websites are directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Websites and their content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. McCall Pattern makes no representation that the information on the Sites is appropriate or that its products and services are available outside of the United States. Those who choose to access the Websites from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Copyrights and Trademarks
All text, graphics, button icons, images, audio clips, video clips and software and other content and materials on the Sites (collectively, "Content") belong exclusively to McCall Pattern or its affiliates. The collection, arrangement, and assembly of all Content on this Sites (the "Compilation") belongs exclusively to McCall Pattern or its affiliates. All software used on or in conjunction with the Sites (the "Software") is the property of McCall Pattern, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws and other laws. The Butterick, McCall Pattern, Vogue Patterns, Wallies, Shops@McCall, and other marks are trademarks and/or service marks of McCall Pattern, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior written consent.
You may not store, modify, reproduce, transmit, reverse engineer, copy, sell, lease, create derivative works from, modify, disassemble, decompile or distribute all or any portion of the Content or Software, or the design or layout of the Websites or individual sections of them, in any form or media without McCall Pattern’s prior written permission. The systematic retrieval of data from the Sites is also prohibited. You may not use a part of the Websites on any other Websites, without McCall Pattern’s prior written consent.
McCall Pattern respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
5. Passwords and Account Identification
We may assign you a password and account identification to enable you to access and use certain portions of the Sites. Each time you use a password or identification, you will be deemed to be authorized to access and use the Sites in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Sites. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE AND MCCALL PATTERN’S LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100) IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Sites' security.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. All visitors to the sites are subject to basic rules of conduct while using and accessing the Sites, Content and services provided on the Sites. You agree to:
(a) Refrain from violating applicable federal, state and international laws;
(b) Refrain from using the Sites, Content, and the services provided on the Sites to send unsolicited emails, bulk mail, spam or other materials to users of the sites or any other individual or entity;
(c) Refrain from using the Sites, Content and the services provided on the Sites to harass, threaten, stalk or abuse users of the sites;
(d) Refrain from using the Sites, Content and the services provided on the sites to harm minors;
(e) Refrain from posting content on the Sites that is obscene, vulgar, harmful or offensive in nature or posting any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of McCall Pattern or any third party;
(f) Refrain from interfering with others' use of the Sites and services provided on the Sites;
(g) Refrain from using the services provided on the Sites to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the sites; and
(h) Refrain from using the Sites and the services provided on the Sites to create a false identity or to impersonate another person.
You may not link to the Websites without our prior written permission. If you are interested in linking to the Websites, please contact firstname.lastname@example.org.
7. No Unlawful Or Prohibited Use
Gathering email addresses from McCall Pattern through harvesting or automated means is expressly prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. All inquiries regarding establishing a commercial relationship with McCall Pattern should be directed to: email@example.com.
9. No Warranties
THE WEBSITES, SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH MCCALL PATTERN EXPRESSLY DISCLAIMS. MCCALL PATTERN DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND WE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITES OR ANY CONTENT. THERE IS NO EXPRESSED OR IMPLIED DUTY TO UPDATE THE CONTENT OF THE WEBSITES. MCCALL PATTERN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
10. Governing Law, Location and Miscellaneous
11. Separate Agreements
12. Copyright Policy and Copyright Agent
McCall Pattern respects the intellectual property rights of others. If you believe something on the Sites has infringed your intellectual property rights, please notify our agent and provide the following information:
i. Identification of the copyrighted work claimed to have been infringed;
ii. A description of where the alleged infringing material is located on the sites, including the url where the material is located;
iii. Your address, telephone number, and, if available, an electronic mail address where we may contact you;
iv. A statement 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;
v. 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, and the copyright owner, its agent, or the law; and
vi. Your physical or electronic signature.
McCall Pattern’s Copyright Agent can be reached as follows:
Address: CSS Industries, Inc.
120 Broadway, 34th Floor
New York, NY 10271
The Websites are not intended for use by children under the age of 13.
14. User Disputes; Termination
You are solely responsible for your interactions with other users. We reserve the right, but not the obligation, to monitor disputes between you and other users.
15. User Submissions and Communications; Public Areas and Private Areas
If you post any submission to an area of the Websites or Platforms accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to us by email, you automatically represent and warrant that you are the owner of such content or intellectual property, and that you or the owner of such content or intellectual property has expressly granted McCall Pattern a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed and to promote or advertise the sites, or content, or services in any way. McCall Pattern may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to McCall Pattern by email. We try to answer every email in a timely manner, but are not always able to do so.
Users will be held directly and solely responsible for the content of any messages that they post on the Sites or Platforms. McCall Pattern has full discretion to delete any posted content.
McCall Pattern reserves the right (but is not obligated) to do any or all of the following:
(a) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(d) Monitor, edit, or disclose any communication in the Public Areas.
(e) Edit or delete any communication(s) posted on the Sites, regardless of whether such communication(s) violate these standards.
McCall Pattern shall have no liability or responsibility to users of the Websites, Platforms, or any other person or entity for performance or nonperformance of the aforementioned activities.
McCall Pattern also reserves the right to grant or terminate access to any private "secure" areas of the Sites at any time for any reason or no reason whatsoever.
MCCALL PATTERN HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST MCCALL PATTERN FOR SUCH REMOVAL AND/OR DELETION.
MCCALL PATTERN IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITES AND/OR PLATFORMS. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITES AND/OR PLATFORMS.
McCall Pattern does not represent or guarantee the truthfulness, accuracy or reliability of any posted content or endorse any opinions expressed by a user. You acknowledge that any reliance on posted content by other users will be at your own risk. McCall Pattern does not confirm that each user is who he or she claims to be. McCall Pattern exercises a great effort to protect posted content from being misused. However, if misuse has occurred McCall Pattern is in no way liable for such misuse. Because McCall Pattern is not involved in user-to-user dealings and does not control the behavior of participants on the Sites or the Platforms, in the event that you have a dispute with one or more users, you release McCall Pattern from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. McCall Pattern has no liability or responsibility to users for performance or nonperformance of such activities. You may find some posted content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. McCall Pattern expects that you will use caution and common sense when using the Sites and Platforms.
16. Remedies and Arbitration
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees and expenses.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees and expenses.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
17. Limitation of Liability
20. Contact Us