Pattern library: Terms and conditions of use agreement

 
 

The Heidi Lou Design website, and the pattern library in particular, is designed to provide you (the “User”) with access to unique surface pattern designs, and professional expertise and custom consultations for your unique surface design needs. 

Please very carefully review the following terms and conditions for use of the website. 

  1. Exclusive patterns:

  • An exclusive print can be licensed only once. 

  • An exclusive print will be licensed forever. 

  • Can be used on items for commercial sale by Users;

  • May not be modified by users;

  • Can be used worldwide on the license that is selected. 

  • Cannot be duplicated, sub-licensed or resold to third parties. 

  • Cannot be credited to any other artist than Heidi Lou Design

  • Remain the Copyright of Heidi Lou Design under the Australian Copyright Act. 

  • Copyright may be purchased as a separate cost and agreement. 

2. Acceptance of Terms: The Terms and Conditions of Use Agreement sets forth legally binding terms for your use of the Website. By using the Website, Users agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Website immediately.

3. Agreement Updates: We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modifciation is posted. Users are advised to review this Agreement regularly.

4. Limitations on Website Content Use: All Website content, as defined below, is provided to Users on an “as is” basis for Users’ information and personal use only. The Content of the Website may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Website owner and/or third party copyright holders, as explained in greater detail below.

5. User Account, Password and Security: Once you register for the pattern library website access, you will be approved or rejected by Heidi Lou Design. Once approved for access to the website, you will be provided with a link to the pattern library, and a universal password. You are responsible for maintaining the confidentiality of this password. You agree and confirm that you are acting on your own behalf and not for the benefit of any other person or organisation and, as such, you agree to abide by all of terms and conditions herein. You agree to notify the Website of any unauthorised use of the password you were provided with, or any other breach of security. The Website owners and hosting company will not be liable for any loss or damage arising from your failure to full comply with this Agreement and the Website may cancel or limit your use of the Website for any violations of Website policies. We will not sell or otherwise provide any Member information to third parties for any purpose. Heidi Lou Design is able to change the universal password at any time.

6. Proprietary Rights: All Content on the Website, including, without limitation, all Website or third-party branding elements, trade names, logos, trademarks, service marks, images, text, columns, graphics, videos, photographs, instructional materials, illustrations, artwork, software and other elements (collectively, the “Content”) is protected by applicable laws such as copyright, trademark and/or other intellectual property laws. All Content rights are exclusively owned and controlled by the Website owner, or by third parties that have licensed or otherwise provided their Content and materials to the Website, or for further distribution to Members. Users acknowledge and agree that all Content on the Website, is made available for limited, non-commercial, personal use only, unless otherwise granted herein or agreed in writing. Except as specifically provided herein or elsewhere on the is Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Website owner’s prior express written permission, or that of the third party providing any Content. Users may not add, delete, distort or otherwise modify the Content. Any unauthorised attempt to modify any Content, to defeat or circumvent the Website’s security features, or to utilise the Website or any part of the Content for any purpose other than its intended purpose is strictly prohibited.

7. Disclaimer of Warranties: YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE , ITS HOSTING COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY CONTENT PROVIDED TO MEMBERS, OR OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) OUT-OF-DATE CONTENT, OR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND RELATED CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, Trojan horses, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

8. Limitation on Liability: IN NO EVENT SHALL THE WEBSITE, ITS HOSTING COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USERS FOR, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING ANY USE, MODIFICATION, SUBMISSION, COPYING, DISTRIBUTION, OR DOWNLOADING ANY CONTENT OR MATERIALS FROM THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) LOSS OF DATA, BUSINESS, REVENUE, PROFITS, OR ANY OTHER ECONOMIC ADVANTAGE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FORM OUR WEBSITE, (VI) ANY NUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICATION JURISDICTION.

9. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and these Terms and Conditions of Use (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the use of our Website.

Please contact us at heidi@heidiloudesign.com with any questions or concerns about your use of the Website.