Site Terms and Conditions

Website owner, the offering, and binding of Terms
This website is owned and operated by Barbara Prime, of the design company “Barbara Prime’s Fuzzy Mitten”. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors digital products for purchase, content related to those digital products, and community forums for discussing those digital products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use your website; what are the requirements to create an account
In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. The fee for the products and any other charges you may incur in connection with your purchase, such as taxes and possible transaction fees, will be charged at the time of purchase.

Refund and exchange policy
Refunds or exchanges for purchases will only be allowed if the digital product has not been downloaded. If the digital product has been downloaded, this will be proof of your acceptance of the purchase. Customers may request a new copy of the digital product if any changes have been made to the original. 

Retention of right to change offering
We may, without prior notice, change the services or digital products offered on this site; stop providing the services or digital products, or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Barbara Prime’s Fuzzy Mitten. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. 

Exception 1: 
The toys that you make from Fuzzy Mitten™ patterns are yours, and you are free to do whatever you like with them. There's only a couple of small caveats:
1. You may not use "Fuzzy Mitten" in the name of your toy (because "Fuzzy Mitten" is a trademark). In other words, it's perfectly okay to make and sell a "Jane Bobbin's Teddy Bear" or a "Jake Bobbin's Easter Bunny," but making and selling a "Fuzzy Mitten's Teddy Bear" is not.
2. You are required to mention somewhere in the description of your toy that it was "made from a Fuzzy Mitten™ original design."

Exception 2:
You are allowed to share your purchases from this site under the following conditions:
1. Making copies for personal use, family members, or personal friends
2. Bringing copies of the digital products to your knitting group

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, the site Code of Conduct, or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

Indemnification
You agree to indemnify and hold Barbara Prime harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Barbara Prime be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service or digital products.

To the maximum extent permitted by applicable law, Barbara Prime assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website, the service, or the digital products.

Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Quebec, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Montreal, Quebec, Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

User Community
Please be aware that if you choose to participate in the user community of this site (blog comments, forums, etc), that you must agree to the Code of Conduct for such interactions. Also note that your user profile will be publicly visible to site visitors and other site members. If you do not wish your profile to be publicly visible, you may opt-out and exit the site community.

Published on March 18, 2021