GENERAL TERMS AND CONDITIONS OF USE
4. Intellectual Property Rights.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, “look and feel,” and the design, selection and arrangement thereof), are owned by Purl Soho, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
(d) If we provide social media features with certain content, you may take such actions as are enabled by such features.
(e) You are hereby granted a nonexclusive, royalty-free, worldwide, perpetual license for the personal, non-commercial and non-profit use of any knitting patterns labeled “FREE PATTERNS” or located at https://www.purlsoho.com/create/category/free-patterns/ (“Patterns”). The Patterns cannot be duplicated, modified, sub-licensed or resold to third parties.
You must not:
(a) Modify copies of any materials from this Website.
(b) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Without limiting the generality of the foregoing, you may not use the Website for benchmarking or purposes competitive with Purl Soho.
You acknowledge Purl Soho's exclusive rights in the Purl Soho trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Purl Soho or the party that provided such intellectual property to purlsoho.com. Purl Soho and any party that provides intellectual property to purlsoho.com retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
6. Website Use.
Purlsoho.com is for your personal and non-commercial use, unless otherwise specified. This website is intended for adults only. This website is not intended for any children under the age of 13. You may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of purlsoho.com. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this website.
7. User Contributions
Any User Contribution you post to either the Website or Social Media Accounts will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Social Media Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Purl Soho, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Social Media Accounts.
8. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
As provided in Section 6, we make this Website available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Website or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about Purl Soho, the Website, or the Products.
This Website may provide certain social media features that enable you to:
(a) Link from your own or certain third-party websites to certain content on this Website.
(b) Send e-mails or other communications with certain content, or links to certain content, on this Website.
(c) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
9. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Be accurate and truthful at the time of posting and not made with the purpose of intentionally harming Purl Soho, the Website, Products, or any other user.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. Online Purchases and Other Terms and Conditions
This Section 11 applies to all purchases through this Website or other transactions for the sale of goods (“Products”), formed through the Website or as a result of visits made by you. You may only purchase Products for your personal, residential use. Products made available for purchase on or through the Website are not for commercial or industrial use, including, without limitation, purchases of Products for business, hotel, institutional or other similar uses or purposes.
The price for Products available for purchase through the Website will be displayed to you on the Website. The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Purl Soho is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third-parties to process payments for transactions consummated through this Website (“Payment Processors”). By utilizing the Website to purchase Products, you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such third party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Purl Soho is not responsible for any errors by the Payment Processor.
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Products may only be shipped to the United States (not including US territories) or Canada. Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.
Occasionally and from time to time, Purl Soho may offer qualified consumers “discount codes,” “promo codes,” “coupon codes,” “gift codes” or “offer codes” through a range of advertisements, promotional programs and other communications efforts (collectively referred to herein as “offer codes”) that are redeemable towards purchase(s) on our Website, or in our retail store. These offer codes are available only while supplies last and are subject to certain product, minimum price exclusions or any other restrictions as may be determined and communicated by Purl Soho in its sole discretion. Only valid offer codes provided or promoted by Purl Soho will be considered valid and honored at checkout. Codes supplied or promoted by third parties unauthorized by Purl Soho (including any unauthorized third-party websites) will not be honored and are not considered valid. Each offer code promoted by Purl Soho is non-transferable and valid for single use on an item (or items) as determined by Purl Soho. Offer codes may not be combined with any other offer codes or promotional activities, are valid only on full-priced products unless stated otherwise. They will not be honored on any items that are marked as “Closeout” or “Final Sale” unless stated otherwise, and may not be used in conjunction with any other promotional programs that may be issued through our retail partners. Customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘discount code’ field at checkout. Purl Soho does not accept responsibility for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned which causes the order to no longer meet any restrictions of an offer code used in the transaction. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Purl Soho’s return policy may be accessed at https://www.purlsoho.com/return-policy.
12. Compliance with Laws.
You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
YOUR USE OF THIS WEBSITE AND PRODUCTS IS AT YOUR OWN RISK. ANY SERVICE, INFORMATION, AND/OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PURL SOHO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PURL SOHO DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PURL SOHO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PURLSOHO.COM MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. PURL SOHO MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
15. Limitation of Liability.
IN NO EVENT WILL PURL SOHO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Reliance on Information Posted
The information presented on or through the Website is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Purl Soho, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Purl Soho. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Use of Information
18. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached as follows:
By Mail: 459 Broome St, New York, NY 10013
By Phone: 1-800-597-PURL
By E-mail: firstname.lastname@example.org
19. Applicable Law.
You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Purl Soho or its affiliates.
20. Dispute Resolution
For any Dispute, the place of Arbitration shall be in New York, New York. The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST PURL SOHO, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN KINGS COUNTY, NEW YORK. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND PURL SOHO AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND PURL SOHO, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN NEW YORK, NEW YORK, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
21. Severability and Waiver
22. Modification and Termination
Purl Soho reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that Purl Soho will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
23. Relationship of the Parties
24. Entire Agreement
25. Electronic Communications
When you visit the Website, or send us emails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication by in writing.
26. Contact Information
459 Broome St
New York, NY 10013