Please read these Pattern Terms and Conditions carefully before viewing, purchasing, or accessing a pattern or eBook. These additional terms supplement our Terms and Conditions and prevail in event of a conflict.
The Pattern is owned by Atlas Knits LLC (“Company”, “we”, or “us”). The term “you” refers to a Licensee of an Atlas Knits pattern.
Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Pattern Terms and Conditions at any time without notice, and by purchasing or using a Pattern you are agreeing to the T&C as they appear, without modification, whether or not you have read them. The current version of the T&C will supersede all previous versions. If you do not agree with these T&C, please do not purchase or use our Patterns.
These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing or using our Patterns that you are waiving certain legal rights and you are voluntarily agreeing to do so.
By purchasing, downloading, or using an Atlas Knits LLC pattern or eBook (“Pattern”), you are agreeing to the following terms and conditions:
Intellectual Property Rights
Our Limited License to You. The words, design, layout, graphics, photos, images, information, materials, data, and all other information and intellectual property accessible in a Pattern is our property and is protected by United States intellectual property laws.
The Pattern is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
If you view, purchase or access a Pattern, you will be considered our Licensee. For the avoidance of doubt, you are granted a non-exclusive, revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase or access a Pattern, you agree that
- You will not reproduce, distribute, transmit, or otherwise steal our Pattern. You understand that doing anything with our Pattern that is contrary to these terms and conditions and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law. Prohibited actions include but are not limited to:
- Making physical or digital copies and distributing or selling them to others
- Posting the pattern on a file-sharing site
- Selling the pattern to someone else
- Giving the pattern to someone else while you retain a copy
- Showing any piece of the printed or digital pattern in a photograph
- Working through the instructions of the pattern via photo or video tutorials and sharing those videos with others
- You are permitted to download and/or print copies of the Pattern, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices.
- You may not in any way at any time use, copy, adapt, imply or represent that our Pattern is yours or created by you. By downloading, printing, or otherwise using our Pattern for personal use you in no way assume any ownership rights of the Pattern – it is still our property. You will not delete or alter any proprietary rights or attribution notices in any content.
- You must receive our written permission before using any of our Patterns for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Pattern because that is considered stealing our work.
- We are granting you a limited license to enjoy our Pattern for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission that you may do so.
As a Licensee, you understand and acknowledge that the Patterns have been developed or obtained by us through the investment of significant time, effort and expense, and that the Patterns are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use Patterns in a manner that constitutes an infringement of our rights or that has not been authorized by us.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Items Made Using The Pattern
- For items you personally make from this Pattern, there are no limitations on how the item may be used, sold, or distributed. If you list items knit from an Atlas Knits pattern in a small retail or online environment, include the following information: “Knit From <Insert Pattern Name Here> Pattern, An Atlas Knits Design Available at atlasknits.com”.
- Hiring knitters or using machines or manufacturing equipment to mass produce items from this Pattern is prohibited.
Due to the nature of digital products, all sales are final. Refunds will only be given in the event of a duplicate charge.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Pattern. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions in the Pattern or in other information referenced by or linked to the Pattern. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Pattern and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Pattern. The Pattern is merely to provide you with education and tools to help you knit the object yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse or non-use of this Pattern.
Teaching Classes With A Pattern
Classes may only be taught in-person at a physical location like a yarn store or retreat. Classes may not be taught online, by videos over physical mail, or virtually. Each student in the class must purchase their own pattern. If you wish to resell an Atlas Knits pattern, please contact us for wholesale information. If an online course is offered by us for the pattern, you are required to disclose so in your course listing.
Patterns In Yarn Kits
A pattern must be purchased for each individual yarn kit. If you wish to resell an Atlas Knits pattern, please contact us for wholesale information.
If any terms of these Pattern Terms & Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Dispute Resolution, Modification of Statute of Limitations, and Class Action Waiver
Dispute Resolution. The only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an email to us at email@example.com and include your reasons for dissatisfaction with your purchase. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other types of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into a court having the appropriate jurisdiction. You agree that should arbitration take place, it will be held in Adams County in the State of Colorado where our business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us. Where requested by law or arbitration, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Modification of Statute of Limitations. By making a purchase, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one year of the date of your email to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
Class Action Waiver. Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Atlas Knits agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
These pattern terms and conditions were last updated in June 2019.