Last Revision May 3, 2019.
This clause clarifies that by using our website you are entering into a legally binding agreement with us and you agree to comply with The Patchwork Marketplace Terms and Conditions (as amended from time to time) when using our website, as well as with any additional terms and conditions that apply to some of our services.
The Patchwork Marketplace reserves the right, at our discretion to change, modify, add, or remove portions of these terms and conditions (“Terms and Conditions”) from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
Your continued use of the Services (as defined below) or the Website (as defined below) after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services or the Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
The Patchwork Marketplace (“Site”) is a web-based service that provides a website for camp and community recreation professionals to become “sellers” and to list goods or services available to The Patchwork Marketplace account holders. This service provides an online marketplace for camp and recreation professionals to buy and sell recreation based materials directly from and to each other. Users of The Patchwork Marketplace are subject to the terms of the sale set by the seller. The Patchwork Marketplace has no control over the ability of sellers to sell Products or the ability of buyers to pay for Products. The Patchwork Marketplace cannot ensure that a buyer or seller will actually complete a transaction.
The Patchwork Marketplace does not transfer legal ownership of Products from the seller to the buyer, The Patchwork Marketplace at no time owns or sells any product for or on behalf of any of its sellers.
The Patchwork Marketplace cannot guarantee the true identity and age of a user. The Patchwork Marketplace encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You and The Patchwork Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You agree that The Patchwork Marketplace is a marketplace and as such is not responsible or liable for any Content, including but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site, services and tools at your own risk.
As a condition of your use of this site, you agree that:
- You are over 13 years of age
- You are willing and able to create a binding legal obligation;
- Your use of The Patchwork Marketplace will, at all times, comply with the terms of this Agreement;
- Your use of The Patchwork Marketplace will, at all times, comply with state and federal law;
If you elect to create an account: You may create only one personal account, You may only make legitimate purchases that comply with the terms of the offers, You may only make purchases on the site for your own use and enjoyment, or, when offered, as a gift for another, You must safeguard your password and manage the use of your account. Understand and agree that you are responsible for your own use and the use of your account by anyone you allow access to, All information provided on the site is only about yourself, and all such information is accurate, true, current and complete, You are not acting on behalf of a person whose access to our sites and/or services has been previously terminated or otherwise denied by us and You will not impersonate another user of the site.
Your use of the Websites and registration of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms and Conditions (including the Additional Terms relating to such purchase), and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Websites, including notices of cancellation, policies, contracts, and applications.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Indemnification; Disclaimer; Limitation of Liability
IN NO EVENT SHALL THE PATCHWORK MARKETPLACE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, AND OTHER INFORMATION CONTAINED, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE. EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. IN NO EVENT WILL THE PATCHWORK MARKETPLACE’ LIABILITY IN CONNECTION WITH A VOUCHER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO A MERCHANT.
Under no circumstances shall The Patchwork Marketplace or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to The Patchwork Marketplace records, programs or services. The foregoing limitation of liability shall apply whether in an action by law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of The Patchwork Marketplace has been advised of or should have knowledge of the possibility of such damages. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Neither The Patchwork Marketplace, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither The Patchwork Marketplace, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. The Patchwork Marketplace specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by The Patchwork Marketplace or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
This website may also include links to other websites. They do not signify that we endorse the other website. We have no responsibility for the content of the linked website.
You agree to indemnify and hold The Patchwork Marketplace (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
The Patchwork Marketplace may provide you with the opportunity to participate in blogs, groups, feedback, and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “Content”).
The Patchwork Marketplace does not claim ownership rights in your Content. Content uploaded by a user to The Patchwork Marketplace remains the property of that user. Nothing in these Terms of Service shall be construed to take that ownership right away from any user. The Patchwork Marketplace values this community of camp and community recreation professionals who choose to share their resources with each other.
Subject to your compliance with the terms and conditions set out in these Terms, you may upload to the The Patchwork Marketplace digital content, including electronic documents. For clarity’s sake, Sponsored Content is not Content. Content is uploaded at your own risk. Although The Patchwork Marketplace will use commercially reasonable security measures to protect unauthorized copying of Content, The Patchwork Marketplace cannot guarantee that there will be no unauthorized copying or distribution of Content, nor will The Patchwork Marketplace be liable for any copying or usage of the Content not authorized by The Patchwork Marketplace. In connection with your uploading of Content, you will select the license under which you are sharing the Content with The Patchwork Marketplace. The default license for all Content uploaded through the The Patchwork Marketplace is Creative Commons Attribution 4.0 International.
In order for users to be able to share their Content with each other, it may be necessary for users to license their content to be shared. A license may grant users and downloaders of Content certain rights to make use of such Content, but can never transfer ownership.
You, Seller, may wish to consider applying one of the copyright licenses made available through Creative Commons to your Content. You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.).
Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools. Their free, easy-to-use copyright licenses provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. For example, Creative Commons licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.” Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs.
If you choose to delete Content, THE PATCHWORK MARKETPLACE will use reasonable efforts to remove it from The Patchwork Marketplace.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of the foregoing, THE PATCHWORK MARKETPLACE has the right (though not the obligation) to, in THE PATCHWORK MARKETPLACE’s sole discretion, (i) refuse or remove any content that, in THE PATCHWORK MARKETPLACE’s reasonable opinion, violates any THE PATCHWORK MARKETPLACE policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of The Patchwork Marketplace.com to any individual or entity for any reason.
License Grant to Download Content.
Subject to your compliance with the terms and conditions set out in these Terms, you may download Content from the The Patchwork Marketplace, subject to the limitations on use provided in the license under which such Content was shared with The Patchwork Marketplace. The default license for all Content uploaded through the The Patchwork Marketplace is Creative Commons Attribution 4.0 International
Representations and Warranties Regarding Content.
You are solely responsible for your Content and the consequences of posting or publishing them. By uploading and publishing your Content, notwithstanding anything to the contrary in the terms of the license under which you shared any Content with The Patchwork Marketplace, you affirm, represent, and warrant that:
(b) your Content does not and will not: (1) infringe, violate, or misappropriate any third- party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; and
(c) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code.
(d) Your Content is free of any digital rights management protections or functionality, including any software designed to limit the number of times Content may be copied or played.
You understand that when using the The Patchwork Marketplace you will be exposed to content from a variety of sources, and that The Patchwork Marketplace is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content, including, without limitation, Sponsored Content and Content. You further understand and acknowledge that you may be exposed to Sponsored Content or Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Patchwork Marketplace with respect thereto. The Patchwork Marketplace does not endorse any Content or any opinion, recommendation or advice expressed therein, and The Patchwork Marketplace expressly disclaims any and all liability in connection with Content. If notified by a User or a content owner of Content or Sponsored Content that allegedly does not conform to these Terms, The Patchwork Marketplace may investigate the allegation and determine in its sole discretion whether to remove such Content, which it reserves the right to do at any time and without notice.
Information You Submit
The Patchwork Marketplace considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible Products sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and The Patchwork Marketplace shall not be liable for the disclosure or use of such Material. If, at The Patchwork Marketplace’s request, any member sends Material to improve the Site, The Patchwork Marketplace will also consider that Material to be non-confidential and non-proprietary and The Patchwork Marketplace will not be liable for use or disclosure of the Material. Any communication by you to The Patchwork Marketplace is subject to this Agreement. You hereby grant and agree to grant The Patchwork Marketplace, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Furthermore, The Patchwork Marketplace is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Patchwork Marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Patchwork Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
The following behaviors are prohibited by The Patchwork Marketplace. You hereby agree that you shall not:
(a) use the The Patchwork Marketplace for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the The Patchwork Marketplace as such services are offered by The Patchwork Marketplace;
(b) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials, including, without limitation, the Sponsored Content;
(c) post, upload, or distribute any defamatory, libelous, or inaccurate Content;
(d) post, upload, or distribute any Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
(e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the The Patchwork Marketplace accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the The Patchwork Marketplace, or perform any other similar fraudulent activity;
(f) delete the copyright or other proprietary rights on the The Patchwork Marketplace, the Sponsored Content or Content;
(g) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the The Patchwork Marketplace. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(h) use the The Patchwork Marketplace for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
(i) harass, abuse, threaten or defraud Users of the The Patchwork Marketplace, or collect, or attempt to collect, personal information about Users or third parties without their consent;
(j) remove, circumvent, disable, damage or otherwise interfere with security-related features of the The Patchwork Marketplace, Sponsored Content, or Content, features that prevent or restrict use or copying of any content accessible through the The Patchwork Marketplace, or features that enforce limitations on the use of the The Patchwork Marketplace or Content;
(k) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the The Patchwork Marketplace or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(l) modify, adapt, translate or create derivative works based upon the The Patchwork Marketplace or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(m) intentionally interfere with or damage operation of the The Patchwork Marketplace or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(n) relay email from a third party’s mail servers without the permission of that third party;
(o) use any robot, spider, scraper, or other automated means to access the The Patchwork Marketplace for any purpose or bypass any measures The Patchwork Marketplace may use to prevent or restrict access to the The Patchwork Marketplace;
(p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the The Patchwork Marketplace;
(q) interfere with or disrupt the The Patchwork Marketplace or servers or networks connected to the The Patchwork Marketplace, or disobey any requirements, procedures, policies or regulations of networks connected to the The Patchwork Marketplace;
(r) post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the The Patchwork Marketplace experience.
(s) use the The Patchwork Marketplace if you are a child and do not have the direct consent of a parent/guardian, or impersonate an adult or fraudulently pretend to be an adult to use the The Patchwork Marketplace.
The Patchwork Marketplace reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or inappropriate use of the The Patchwork Marketplace, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Third-Party Sites, Products and Services; Links.
Links. The Patchwork Marketplace site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). The Patchwork Marketplace does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the The Patchwork Marketplace are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Responsibility of Visitors.
THE PATCHWORK MARKETPLACE has not reviewed, and cannot review, all of the Content, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, THE PATCHWORK MARKETPLACE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms of service, stated or unstated. THE PATCHWORK MARKETPLACE disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of Content there posted.
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
– Ownership of Site. With the exception of the camp and community recreation Content, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “THE PATCHWORK MARKETPLACE Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to THE PATCHWORK MARKETPLACE, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no THE PATCHWORK MARKETPLACE Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without THE PATCHWORK MARKETPLACE’s express prior written consent.
– Waiver and Severability. The failure of THE PATCHWORK MARKETPLACE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
– Notices. THE PATCHWORK MARKETPLACE may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.
– Future Changes in the Service. THE PATCHWORK MARKETPLACE reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. THE PATCHWORK MARKETPLACE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
– Assignment. THE PATCHWORK MARKETPLACE may assign this agreement to any successor or purchaser of THE PATCHWORK MARKETPLACE or all or substantially all of its assets.
– Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
– THE PATCHWORK MARKETPLACE, THE PATCHWORK MARKETPLACE logo, and other THE PATCHWORK MARKETPLACE logos and names are trademarks of The Patchwork Marketplace. You agree not to display or use these trademarks in any manner without prior, written consent of The Patchwork Marketplace.
– Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to our support team here.