Description of Service
The Sites allow users to research, review, purchase, and/or order various entertainment, educational and other products featured on the Sites (collectively, the “Products”), including, but not limited to, eBooks, ePatterns, eProjects, eVideos, eChapters, eArticles, and eQuickRefs. The Sites also allow users to access C&T customer accounts, create and share “Wish Lists”, upload and download content, and access third-party websites offering products and services. The services, features and products C&T offers to users on the Sites may be referred to herein collectively as the “Services”. Unless expressly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.
If you make a purchase from the Sites, you are transacting with C&T, and your rights to any purchased items transfers to you immediately upon download. If you make a purchase from any third-parties advertised on or linked to from the Sites, you are not purchasing a product or service from C&T. You agree that neither C&T, nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the Sites. The purchase and download of any product or service from the Sites, is non-refundable and may not be returned. All sales of downloadable material are final.
You may be required to register for an account on the Sites in order to take advantage of certain features of the Sites, such as purchasing Products, using an online shopping cart, or using our “Wish List” pages. If you choose to register on the Sites, or if you otherwise provide information on the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to C&T that is false, inaccurate, outdated or incomplete, or if C&T has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, C&T has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
Member Account and Password
If you choose to register for an account with C&T, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify C&T of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. C&T (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Sites, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the “Materials”), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by C&T and/or its suppliers or licensors, all rights reserved. C&T authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of C&T or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Sites (including, without limitation, C&T Publishing, Patternspot.com, and any Marks associated with any Products) are the sole property of C&T and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of C&T or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of C&T and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of C&T C&T will enforce its intellectual property rights to the fullest extent of the law.
In the event that C&T provides users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, “Submissions”) on the Sites (collectively, “Venues”, and including, but not limited to, “Wish List” pages, blogs, ad submissions, bulletin boards, chat rooms, surveys or invitations to e-mail C&T with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party’s rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You further agree that all “moral rights” that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to the Sites through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by C&T without restriction. Without limiting the foregoing, by offering any Submissions through the Sites, you grant to C&T the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
C&T reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. C&T is not responsible for screening, monitoring or verifying any Submissions (subject to the “Copyrights and Copyright Agent” paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of C&T. C&T does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Sites.
Links and Third Party Content
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that neither C&T nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the C&T Sites.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, C&T, AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “C&T PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, C&T MAKES NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM C&T OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT C&T SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF C&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.
If you are dissatisfied with any C&T material, or with any of C&T’s terms and conditions, your sole and exclusive remedy is to discontinue using C&T’ Sites and Services."
"Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold C&T and its subsidiary companies harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.
Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available in the United States and its territories and possessions. C&T controls and operates the Sites from its offices located in the State of California in the United States of America. C&T makes no representation that Materials contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
C&T does not intend its Sites and/or Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. C&T relies upon parents or guardians 18 years of age or older to determine if the Sites and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18. If an individual under the age of 18 uses the C&T Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older.
C&T reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason, including your breach of the Terms or other conduct by you that C&T considers inappropriate. C&T reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither C&T nor any of its subsidiary companies shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Services.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the Sites and/or Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that neither C&T nor its subsidiary companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-parties on the Services.
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of California within the United States of America without giving effect to any principles of conflicts of law. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. C&T makes no representation that the Terms comply with the laws of any other country. Visitors who use the Sites and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site(s), you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Sites and/or Services in violation of any laws.
By use of the Sites and/or Services, you consent to receive electronic communications from C&T (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.