THE NO NEEDLES KNITTER DIGITAL DOWNLOADS TERMS OF USE
Last updated: 8th November 2024
Introduction
This Agreement governs the terms by which purchasers of The No Needles Knitter products obtain the right to use the digital content of The No Needles Knitter through the website located at https://www.etsy.com/uk/shop/TheNoNeedlesKnitter(the site).
This Digital Download Terms of Use is in addition to the Privacy + Disclosures, Terms of Service, and our Store Policies applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between these Terms and the Site Terms of Service or any other Site policies (all of which are incorporated into this Agreement by reference), these Terms shall govern.
1. Background of Agreement
(a) By downloading content from this site, you accept this Agreement, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not download the Content. Pretty Simple.
(b) In this Agreement: (i) “you” or the “Client” means you ( the person downloading the content, (ii) “Claire T Stevens/The No Needles Knitter/The No Needles Knitter” or “we” means Claire T Stevens/The No Needles Knitter, operator of the Site; and (iii) “Content” means any photographic image, illustration, animation, film or video footage or any digital media or other material that you are downloading from the Site.
2. Downloading Terms
We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the Content for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Claire T Stevens/The No Needles Knitter.
3. Permitted Uses
(a) You may only use the Content for personal use only on your personal devices only. For clarity, you may not use the Content in products for resale, license, or any other distribution. For example, you are not permitted to modify the Content, print it in any form, and sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright!
(b) Restrictions. Only you are permitted to use the Content for personal use, although you may transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another i.e: distributing it among your personal devices. The content is only to be used by the one person who has downloaded the content from The No Needles Knitter website. You may make only one (1) copy of the Content solely for back-up purposes.
(c) Any additional permitted uses must be approved in writing by Claire T Stevens/The No Needles Knitter.
If there is any doubt that a proposed use is a Permitted Use, you should contact Claire T Stevens/The No Needles Knitter at hello@thenoneedlesknitter.com for guidance.
4. Standard License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:
• use the Content in any form, format, or applications intended for resale, license, or other distribution, whether online or not, regardless of profit or revenue;
• use or display the Content on websites or other venues designed to induce or involving the sale, license, or other;
• use the Content in books, magazines, newspapers, or any other publication, regardless of whether the final product is offered for sale, resale, license, or other form of distribution;
• use the content in any online or electronic publications;
• incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
• use the Content in a fashion that is considered by Claire T Stevens/The No Needles Knitter (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
• remove any notice of copyright, trade mark or other proprietary right from any place where it is on or embedded in the Content;
• sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
• install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
• use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
• use the Content in entertainment applications, such as books and book covers, magazines, newspapers, editorials and newsletters;
• use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
• use any of the Content as part of a trade mark, design-mark, trade name, business name, service mark, or logo;
• incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file
• either individually or in combination with others, reproduce the Content, or an element of the Content, in which event you shall be required to pay a royalty fee of Claire T Stevens/The No Needles Knitter reasonable discretion for each and every reproduction.
5. The Consumer Rights Act 2015
This UK law gives consumers protection when it comes to digital downloads that fail to work (are corrupt). Consumers (i.e. private individuals) are entitled to a repair or replacement if the digital content is faulty and even compensation if other downloads or devices are affected.
The Consumer Rights Act defines digital content as ‘data which are produced and supplied in digital form’.
Digital content must be:
• of satisfactory quality
• fit for purpose, and
• as described by the seller
If the digital content you purchase does not meet these criteria and develops a fault, you have the right to have your digital product repaired or replaced.
6. Cancelling a digital download
Under the Consumer Contracts Regulations, digital downloads are neither goods nor services, meaning the law is a little different. If you want to download something within 14 days of buying it (what is known as the ‘cooling-off’ period), you will have to give your consent to waive the 14-day cooling-off period.
If you do not give your consent, the 14-day cooling-off period still applies, however, you will not be able to download your digital content until this period has ended.
This is to stop you from changing your mind after you have downloaded the content.
7. Repair or replacement
If the digital download you purchased is faulty, Claire T Stevens/The No Needles Knitter is allowed one opportunity to replace the faulty digital content before you can claim a refund.
You can choose whether you want the goods to be repaired or replaced, but Claire T Stevens/The No Needles Knitter can refuse if they can show that your choice is disproportionately expensive compared with the alternative.
8. Full or partial refunds
You’re entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
• The cost of the repair or replacement is disproportionate to the value of the digital content
• Repair or replacement is impossible
• Repair or replacement would be significantly inconvenient
• Repair would take unreasonably long
• Repair has been unsuccessful.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
If you don’t want a refund and still want your product repaired or replaced, you have the right to request that Claire T Stevens/The No Needles Knitter makes further attempts at a repair or replacement.
9. Compensation
If any device or other digital content you own is damaged as a result of the faulty digital content you’ve downloaded, Claire T Stevens/The No Needles Knitter must compensate you.
This only applies where that damage wouldn’t have occurred had ‘reasonable care and skill’ been exercised in the provision of the digital content (even if that content was provided for free).
10. Refunds
If you placed an order by accident from The No Needles Knitter, it is at Claire T Stevens/The No Needles Knitter’s discretion to allow a refund or exchange.
Typically any goods or services which are sold to consumers online, at a distance, or away from the trader’s premises, must allow for a minimum 14-day cooling-off period during which the contract can be cancelled (either 14 days from receipt of goods or from the date of entering into a contract for services).
14 days is the minimum cooling-off period that a seller must give.
For digital downloads, consumers will need to waive their cancellation rights before digital content can be provided. This means that once a consumer/customer has downloaded the content, then they have given up their consumer rights to a refund.
When you purchase a digital download from The No Needles Knitter, you will waive these cancellation rights.
11. Terms of Agreement
(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Claire T Stevens/The No Needles Knitter if at any time you fail to comply with any of it’s terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Claire T Stevens/The No Needles Knitter in writing that you have complied with these requirements.
(b) Claire T Stevens/The No Needles Knitter reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.
(c) Upon notice from Claire T Stevens/The No Needles Knitter, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Claire T Stevens/The No Needles Knitter may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Claire T Stevens/The No Needles Knitter shall provide you with replacement Content (which shall be determined by Claire T Stevens/The No Needles Knitter in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
12. Claire T Stevens/The No Needles Knitter Representations and Warranties
(a) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, Claire T Stevens/The No Needles Knitter does not warrant the accuracy of such information. Additionally, Claire T Stevens/The No Needles Knitter does not warrant the accuracy of any metadata that may be provided with the Content.
(b) THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CLAIRE T STEVENS/THE NO NEEDLES KNITTER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT CLAIRE T STEVENS/THE NO NEEDLES KNITTER) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
13. General Provisions
(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
(b) Claire T Stevens/The No Needles Knitter’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(c) This Agreement is personal to you and is not assignable by you without Claire T Stevens/The No Needles Knitter’s prior written consent.
(d) The parties have agreed that this Agreement and all related documents be drawn up in English.
14. Contact
If you have concerns relating to this Agreement, please contact Claire T Stevens/The No Needles Knitter at hello@thenoneedlesknitter.com
15. Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF CLAIRE T STEVENS/THE NO NEEDLES KNITTER AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CLAIRE T STEVENS/THE NO NEEDLES KNITTER, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CLAIRE T STEVENS/THE NO NEEDLES KNITTER RELATING TO THE SUBJECT OF THIS AGREEMENT.
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