Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
These Terms & Conditions Apply to the Website and Promotional Programs
Your use of the website having the URL of www.thepluckyknitter.com and operated by Plucky Knitter, Inc. (the “Website”) or your participation in the promotional programs, including email messaging and contests (“Promotional Programs”) sponsored by Plucky Knitter, Inc. (“PKI”) is governed by these Terms and Conditions (these “Terms”).
By accessing, browsing, or otherwise using the Website or participating in any of the Promotional Programs, you agree that these Terms apply. You also agree to comply with these Terms when using the Website or while participating in any of our Promotional Programs. You may not use the Website or participate in the Promotional Programs if you don’t have the capability to agree to these Terms.
These Terms May Change
PKI reserves the right to modify these Terms at any time without prior notice. Your use of the Website or participation in the Promotional Programs after any change is your agreement to comply with these Terms as so modified. You should review these Terms for changes whenever you use the Website.
All of the content that you see and hear on the Website or in the Promotional Programs, including text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips, and video clips (collectively, the “Content”), is owned by PKI, or third parties who have licensed the Content to PKI. The Website as a whole is copyrighted as a collective work under U.S. copyright law. PKI owns the copyright in the Content selection, coordination, arrangement, and enhancement. The Content is protected by U.S. and international copyright, trademark, and other laws. The Content specifically includes the following trademarks: PLUCKY KNITTER™, PK COLLECTION®, and BELLO®.
The Content is intended for your personal and noncommercial use only. You may not copy, reproduce, distribute, republish, download, display, post, transmit, or create derivative works of or from the Content without our prior written consent. If we do consent, you will acquire no intellectual property right to that Content. PKI reserves all ownership and intellectual property rights in and to all materials downloaded from the Website.
Content does not include patterns that you may purchase or download from PKI or one its partners via the Website or any third-party website that may offer PKI patterns. When you download a pattern, you don’t acquire any ownership rights to it except for a non-exclusive, perpetual, worldwide, and non-assignable license for you to use it for non-commercial purposes only. And you must not re-sell or give the pattern to any other person. PKI does not warrant that any pattern will be fit or sufficient for your intended use.
Submission of Comments or Suggestions
Although we welcome your suggestions and comments concerning the Website and the Promotional Programs, these communications, including original creative stories, Messages (as defined below), product ideas, and original artwork (collectively, “Comments”), submitted to PKI will be and remain PKI’s exclusive property. Your submission of any Comments hereby constitutes an irrevocable and legally-enforceable assignment to PKI of all your worldwide rights, title, and interest in all copyrights and other intellectual property rights in the Comments. PKI is entitled to use, reproduce, disclose, publish, and distribute any Comments that you submit for any purpose, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you don’t wish to irrevocably assign to us on these terms.
Creative Submissions and Messages
As part of the Website or Promotional Programs, we may provide messaging tools for you to submit text, graphics, video content, or audio content (collectively, “Messages”) to PKI or to other persons through PKI. For you to be qualified to send Messages, your Messages must not include obscene, profane, or threatening content, including material that could violate, or could aid in violating, any applicable law, regulation, or PKI rule or policy. Further, your Messages must not impersonate any person or entity or be profane, libelous, defamatory, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. You represent that you are authorized to submit your Messages to PKI.
You agree that any Messages you submit are for non-commercial use only. You must provide your true email address in order to send your Messages. You understand that your Messages will be routed through the Internet and that we do not provide any privacy or security for the Messages.
You are solely responsible for the content of your Messages. PKI assumes no liability for these Messages. You hereby grant PKI the right to publish your Messages on the Website and through other media outlets. For any Messages that we publish, we may, but are not required to, restrict or remove any and all content from any Message that we determine in our sole discretion, violates these guidelines or is otherwise harmful to us, other PKI customers, or any other third party. We reserve the right to purge all Messages that you give us after 30 days of receipt. You agree to defend, indemnify, and hold PKI harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against PKI or incurred by us arising out of any Messages.
Correction of Errors and Inaccuracies; Limitations on Quantity
The information on the Website or in offers contained in Promotional Programs may contain typographical errors or inaccuracies and may be incomplete or outdated. So, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, or availability. If a product is listed at an incorrect price because of typographical error or error in pricing information received from our suppliers, we may refuse or cancel any orders placed for that product. And we have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.
We reserve the right to limit quantities (including after you have submitted your order). If we determine (in our sole discretion) that one or more of your orders exceeds our quantity limitations, we will notify you that the quantity in one or more of your orders will be automatically decreased to the maximum permitted quantity; if necessary, we will credit your credit card for amounts paid for products above the maximum quantity. Additionally, PKI reserves the right not to sell any products to individuals or businesses that appear to be resellers (as determined in PKI’s sole discretion). If PKI determines after a sale is made that the sale is contrary to this provision, PKI may refuse product returns from the sale.
PKI reserves the right to discontinue or change any promotion or offer from a Promotional Program at any time, for any reason, and without notice. If you attempt to use a promotion or offer that has been discontinued or changed when you make a purchase on the Website, no discount will be given on the product purchased.
Only persons 18 years of age or older may purchase items from the Website or participate in Promotional Programs. If you are under 18, you may not purchase items from the Website or participate in Promotional Programs. If there is a violation of this prohibition, the minor’s parent or legal guardian will be liable for the purchase or other violation. If you are a parent or guardian, you are charged with monitoring and supervising the use of the Website and Promotional Programs by minors under your care. You agree to be responsible for their use of the Website in all respects. PKI may reverse any purchase or promotion made by or given to a minor, and the minor and his or her parent or legal guardian must cooperate with instructions given regarding the reversal. If a person under 18 makes a purchase from the Website or participates in a Promotional Program, PKI won’t be considered to have knowledge that it has collected personal or other information from a minor.
Links to Other Sites
PKI makes no representations whatsoever about any other website that you may access through this Website, including Ravelry (www.ravelry.com, “Ravelry”), Facebook (www.facebook.com), Etsy (www.etsy.com), and PayPal (www.paypal.com, “PayPal”). When you access any other website, please understand that it is independent from PKI. Except for limited Content that we may provide, PKI has no control over the content of these websites. In addition, a hyperlink to another website doesn’t mean that PKI endorses or accepts any responsibility for the use of the linked site. So, you must take precautions to ensure that whatever you select for your use or download from another website is free of viruses, worms, Trojan horses, and other items of a destructive nature.
THE WEBSITE IS OPERATED AND THE PROMOTIONAL PROGRAMS ARE RUN ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PKI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES FOR THIS WEBSITE, THE PROMOTIONAL PROGRAMS, AND THEIR CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN PARTICULAR:
PKI DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
PKI ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR IN ANY OF THE PROMOTIONAL PROGRAMS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL PKI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, A PATTERN, OR PARTICIPATE IN THE PROMOTIONAL PROGRAMS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME, OR PROFITS, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PKI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THESE DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE PROMOTIONAL PROGRAMS, A PATTERN, OR ANY OF THEIR RESPECTIVE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, THE PATTERN, OR PARTICIPATING IN THE PROMOTIONAL PROGRAMS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY STATED ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PKI FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). FURTHER, ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Applicable Law, Jurisdiction, and Venue
By accessing and using the Website for any purpose or participating in Promotional Programs, you agree that your access, use, and participation is subject to, governed by, and interpreted according to the laws of the State of Michigan, U.S.A., excluding its conflict of laws provisions.
Regardless of where you access the Website, participate in Promotional Programs, order products, or purchase or download patterns, you agree that any action at law or in equity arising out of or relating to these Terms must be filed and adjudicated only in the federal or state courts located in Grand Rapids, Michigan, U.S.A. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of these courts over any suit, action, or proceeding arising out of these Terms.
YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY (REGARDLESS OF THE SOURCE OF SUCH RIGHT) IN ANY ACTION AGAINST PKI IN CONNECTION WITH THESE TERMS; YOUR USE OF THE WEBSITE; YOUR PURCHASE OF ANY PRODUCT; YOUR PURCHASE OR DOWNLOADING OF ANY PATTERN; OR YOUR PARTICIPATION IN ANY PROMOTIONAL PROGRAM.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to (i) terminate your license to use the Website; (ii) exclude you from any of the Promotional Programs; or (iii) block or prevent future access to and use of the Website or the Promotional Programs. And these Terms will still apply.
Consent to Email Communication
When you visit the Website, participate in the Promotional Programs, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Website.
This electronic document and any other electronic documents, policies, and guidelines referenced in this document will be: (i) considered for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing against all parties subject to the electronic documents; and (iii) considered an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Additional Terms and Conditions
Additional terms apply to your use of specific portions of the Website (and products available on the Website) or to Promotional Programs. Please review all such additional specific terms and conditions, including our FAQ and Guidelines.
Plucky’s Mailing Address:
Plucky Knitter, Inc.
P.O. Box 6219
Grand Rapids, MI 49516