Terms & Conditions
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Couture Pattern Museum and is protected by copyright, trademark, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Couture Pattern Museum and protected by U.S. and international copyright laws. The Couture Pattern Museum expressly reserve all intellectual property rights in all Content.
Any designer product names, logos, brands, and other trademarks or images featured or referred to within couturepatternmuseum.com and/or on any social media forum are the property of their respective trademark holders. These trademark holders do not sponsor or endorse couturepatternmuseum.com or any of its products or comments. We declare no affiliation, sponsorship, nor any partnerships with any designer registered trademarks. couturepatternmuseum.com operates independently as an educational museum website. couturepatternmuseum.com does not claim any right to any of the designer trademarks, logos, or brands referred to within this website. Should you have any questions or concerns, please contact the Couture Pattern Museum by writing or sending an email.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site, for educational purposes only, and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. The Site and the Contents are intended solely for personal, non-commercial educational use. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information or products for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use is prohibited and terminates our permission or license. You are not permitted to publish, manipulate, distribute, or otherwise reproduce in any format, any of the content or copies of the content supplied to you which appears on this website nor may you use any such content in connection with any business or commercial enterprise without prior written consent. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, creative derivative works from, sell or exploit in any way any of the Contents or the Site.The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Couture Pattern Museum's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Couture Pattern Museum's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Couture Pattern Museum that your copyrighted material has been infringed. The Couture Pattern Museum does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, the Couture Pattern Museum will respond by either taking down the allegedly infringing content or blocking access to it. The Couture Pattern Museum may contact the notice provider to request additional information. Under the DMCA, the Couture Pattern Museum is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send the Couture Pattern Museum a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
7. Be signed; and
Be sent to our DMCA designated agent at the following address:
Couture Pattern Museum
1221 State Street Ste 12-91827
Santa Barbara, CA 93101
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify couturepatternmuseum.com for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We attempt to be as accurate as possible. However, our collection and digitization of historical vintage patterns do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
PRODUCT, PRICING AND SERVICE INFORMATION
Prices and availability of products on this site may vary and may change at any time without notice. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, or to accept or reject any and all orders. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
REGISTRATION AND PASSWORDS
You may be required to register with the Couture Pattern Museum in order to access certain services or areas of the Site. Your use name and password are for your personal use only. We may refuse to grant to you the user name you request. If you register an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
PAYMENT & TRANSACTIONS
You agree to the terms of payment agreed on the invoice. We use PayPal for online invoices or in some select cases, with prior consent, we accept Venmo, Zelle, and check. We reserve the right to change or add payment providers without notice. If you wish to purchase any product or service made available through the Site (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Couture Pattern Museum the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions.
RETURNS & RISK OF LOSS
No returns or refunds. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
The Database contains .jpg or .png files (the “Files”). The Files are available to you for viewing without charge. All Files are protected by copyright. As noted in above, you may view the Files for your personal use only. No right, title or interest in any viewed Files is transferred to you as a result of any such viewing. Except as specifically allowed in these Terms, you may not reproduce, publish, transmit, distribute, display, modify, creative derivative works from, sell or exploit in any way any of the Files. Personal use of the Files does not include any production by more than one person. You may not include or incorporate the Couture Pattern Museum name or any of its trademarks, logos or trade dress in your sales of the Finished Projects, or otherwise imply that Couture Pattern Museum endorses the sale of your Finished Projects.You are solely liable and responsible for all Finished Projects, and for any claims or disputes arising as a result of your sale, offering for sale and/or distribution of the Finished Projects. You agree to indemnify and hold harmless Couture Pattern Museum against any disputes or claims arising from your sale, offering for sale and/or distribution of Finished Projects.
Couture Pattern Museum strives to display as accurately as possible the colors of the products shown on the Site; however, Couture Pattern Museum cannot and does not guarantee that your monitor's display of any color will be accurate.
couturepatternmuseum.com is not responsible for any offsite pages or any other sites linked to this website. The inclusion of any link to such a site does not imply endorsement, sponsorship, or recommendation by couturepatternmuseum.com of the site and is provided merely as a convenience. Your linking to any other sites is entirely at your own risk. couturepatternmuseum.com has no responsibility for content on other websites that you may find or access when ordering our products. Material available on or through such other websites may be protected by copyright and U.S. or foreign intellectual property laws. The conditions of use of those websites, and not these Conditions of Use, govern your use of that material.
All trademarks owned by the Couture Pattern Museum, that appear on this site are the property of their respective owners. You agree not to use or display any of the trademarks that appear on this site without proper permission.
You agree to indemnify and hold Couture Pattern Museum harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this site.
By visiting our site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
UNLAWFUL OR PROHIBITED CONDUCT:
The Site may only be used for lawful purposes in accordance with the terms of this Agreement. As a condition of your use of this Site, you warrant to Couture Pattern Museum that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Specifically, but without limitation, you may not:
*use the Site to transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;
*use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Couture Pattern Museum or generally publicly available browsers;
*make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement;
*misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
*upload, post, e-mail or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary right of any party;
*upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
*violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access, (ii) trying to change the behavior of the Site, (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures, (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, flooding, spamming, mailbombing, or crashing, (v) forging any header or part of the header information in any email or posting, or (vi) impersonating the Couture Pattern Museum website or impersonating another user;
*falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
*solicit password or personally identifying information from other users;
*advertise or offer to sell or buy any goods or services for any business purpose;
*modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, or
*commit any other act that is otherwise inappropriate for the Site, in Couture Pattern Museum's sole judgement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided on an as is basis and as available basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, contact, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties express or implied including, but not limited to, implied warranty of merchantability and fitness for a particular purpose. We do not warrant that this site, information, content, materials, products or services included on or otherwise made available to you through this site, their servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site or from any information, contact, materials, products including software, or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Couture Pattern Museum may modify or discontinue any part of the Site; charge, modify, discount, or waive fees required to use the Site; or offer opportunities to some or all Site users. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Couture Pattern Museum reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.Couture Pattern Museum reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted to the Site. Your continued use of the Site will indicate your acceptance of the current Agreement.
Any dispute relating in any way to your visit to our site or to products or services sold or distributed by us in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These terms and conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms and conditions of this agreement shall remain in full force and effect. The failure of couturepatternmuseum.com to act with respect to a breach of this agreement does not constitute a waiver and shall not limit couturepatternmuseum.com's rights.
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site if you violate this Agreement, for any reason, or for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
If you have any questions about these Terms and Conditions or your dealings with this site, you may contact us:
• By using the Contact Us form on this website
• By Telephone: 805-303-4775
• By Mail: 1221 State Street Ste. 12-91827; Santa Barbara, CA 93101