Amy Herzog Designs, LLC (AHD) created and maintains the AmyHerzogDesigns.com and makewearlove.com websites and may add other websites from time to time (collectively, the Website) to provide as a means of providing you (You or, with respect to matters pertaining or belonging to You, Your) with customized patterns (Patterns) for making sweaters according to Your measurements.
4. PERSONAL AND CONFIDENTIAL INFORMATION
4A. AHD CONFIDENTIAL INFORMATION
You agree not to reproduce any AHD Confidential Information to which you are provided access through the use of Website in any form except as authorized at the time of disclosure. Any reproduction of AHD Confidential Information shall remain the property of AHD and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of AHD. You do not acquire any rights in Confidential Information except the limited rights as described above. As used herein, Confidential Information shall mean all trade secrets and other information which AHD or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of Website, pursuant to downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
Your confidentiality obligations hereunder shall survive termination of Your access rights to Website. Upon any termination of Your account, or AHD’s written request, You must cease use of Confidential Information and/or AHD’s services and return or destroy all Confidential Information in Your possession or control.
4B. YOUR PRIVACY AND CONFIDENTIAL INFORMATION
You understand and agree that AHD collects, uses, stores and otherwise processes Your personal information in order to produce the Patterns and for customer support, archival and analytic purposes. AHD will not share your information, including personal information, with any third person except in aggregated form that does not make it possible to identify You or Your individual personal information. Data to be used, stored and processed includes Your name, email address, physical dimensions that you submit using the Website, and other information which may include but is not limited to Your telephone number, and postal address. If you are a resident of the European Union or Switzerland, all personal information will be treated in compliance with the US-EU or US-Swiss Safe Harbor Framework, as applicable.
5. INTELLECTUAL PROPERTY RIGHTS
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use Website to infringe the Intellectual Property Rights of AHD or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of any Patterns created using Website. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
By transmitting or uploading information about You to Website, You grant AHD a perpetual, royalty-free, worldwide license to aggregate, use, reproduce and distribute that information in a manner consistent with and subject to Section 4.B above. You represent and warrant to AHD that You have the right, title, and/or authority to grant such license to AHD.
You are permitted to access Website and use the services solely for Your personal purposes unless such rights are terminated or revoked as provided below.
6. RESPONSIBILITY FOR LINKS AND CONTENT
The Website may contain links to external Web sites. AHD shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites.
In the event You are in material breach of the Controlling Terms, AHD may, at its sole discretion refuse You any current or future use of Website. AHD shall not be liable to You or any third party for any termination or change to Website and/or the Services. If You send or upload data that is personal, confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload data that is intended to infect, corrupt or otherwise disrupt the operation of Website, AHD may terminate your access to Website immediately.
You agree not to use Website to:
- upload any software virus, Trojan horse, worm, time bomb, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Patterns transmitted through the service;
- interfere with or disrupt the services, servers, or networks which support the services, or disobey any requirements, procedures or policies of networks connected to the Services;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other users of Website.
You agree to indemnify and hold AHD, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Patterns or Your usage of the Website or services.
9. EXCLUSION OF WARRANTIES
Patterns and services are being provided to You on an AS IS basis. AHD does not guarantee or warrant any features or qualities of the Website, Patterns or services or give any undertaking with regard to any other quality. Statements and explanations of the Patterns or services in promotional material or on the Website and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features.
10. LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, AHD AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY PATTERNS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (Iv) ANY OTHER MATTER RELATING TO THE PATTERNS OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENTIONAL MISCONDUCT AND IN CASE OF ANY STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
11. APPLICABLE LAW; WAIVER AND SEVERABILITY
11A. This site is created and controlled by AHD in Massachusetts, USA. the laws of Massachusetts and the United States will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information. Any legal action or proceeding relating to your access to, or use of, Website or Reports or Services shall be instituted in a state or federal court in Boston, Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
11B. The failure of AHD to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
Last modified September 27, 2013.