PATTERN WORX STANDARD FOLDER/PATTERN PURCHASE AGREEMENT
The following is a legal agreement (the “Agreement”) between you or the employer or
other entity on whose behalf you are entering into this Agreement ("you") and PATTERN
WORX, also referred to as PWX for the balance of this agreement. Please read this
Agreement carefully before downloading any PWX folder (S). By downloading any
vehicle folder, you agree to be bound by this Agreement, and all of which are
incorporated herein and made a part hereof by this reference. Your failure to comply with
the terms hereof could result in the immediate termination of your account.
PWX reserves the right to change this Agreement at any time, and you agree to be
bound by such changes. If and when changes are made notification will be provided to
you. Please make sure that you read and understand all changes. If you do not agree to
this Agreement, as it may be amended from time to time, do not download or use any
electronic vehicle folders.
PART I GENERAL TERMS
1. All Folders on the PWX website are protected by United States and international
copyright laws and treaties. PWX and/or any designers who may provide patterns to
PWX from time to time know as ("Contributors") own all rights, including the copyrights in
and to the patterns. PWX and/or its Contributors reserve all rights in and to the patterns
not expressly granted to you by the terms of this Agreement. Your rights to use any
purchased vehicle folder/pattern are subject to this Agreement and are conditioned upon
your payment to PWX for your use of the electronic vehicle folders/patterns. If you fail to
make any payment to PWX when due, or your credit card charge is refused or charged
back, your account will be deemed to be delinquent. If your account becomes
delinquent, your right to use any electronic vehicle folders/patterns downloaded at any
time shall automatically terminate unless all payments together with any interest thereon
and PWX costs of collection, bank charges and credit card processing fees are received
by PWX no later than fifteen (15) days from the date that your account became
2. This Agreement grants you a single-user, single-seat license. Multiple persons shall
not use simultaneously on multiple devices, or at any time this license. This license is
assignable one time to an employee or agent of yours, provided that you provide no less
than 10 days prior written of such assignment to PWX
PART II USAGE RIGHTS
2. By purchasing an electronic vehicle folder/pattern(s) PWX grants you a personal, nonexclusive, non-transferable usage right, subject to the limitations set forth herein and in
Part II hereof. You may not however transfer electronic vehicle folder/pattern(s) to a third
party for the sole purpose of causing such third party to produce and/or manufacture
your goods incorporating patterns.
PART III RESTRICTIONS
YOU MAY NOT:
7. Use a Vehicle folder/patterns other than as specified in PART I.
8. Use or display any pattern on websites or in connection with any service designed to
sell or induce sales of user-commissioned “print-on demand" products using or
incorporating pattern or pattern(s), including, by way of example only, For the purposes
of this Agreement, the term “print on demand means”, a printing technology and
business process in which copies of a product are not printed until an order for the
product has been received.
9. Share a vehicle folder/pattern by providing access to such patterns on shared disk
drives, computer networks, servers, cloud network or other intranets of any nature or
10. Use electronic vehicle folder (s) patterns in a manner that competes with PWX
business. This includes, by way of illustration only and not by way of limitation,
displaying folder/patterns in any format (including thumbnails) for download on a
website, offering Electronic folders/patterns for sale, incorporating patterns into
templates of any nature, including templates for websites, social networking websites,
documents, projects or otherwise making folders/patterns available for distribution and/or
sale to third parties.
11. Use PWX patterns as the primary feature of any individual physical or digital product
or any collection thereof, which is offered for sale, trade or otherwise distributed in
violation of the terms of this Agreement. Additionally,
12. Use any patterns (in whole or in part) as a trademark, service mark, logo, or other
indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement
of any goods and/or services.
13. Use or display a pattern in such a manner that gives the impression that the pattern
was created by you or a person other than the copyright holder of that pattern
14. Use automated programs, applets, bots or the like to access the PATTERN
WORX.com website or any content thereon for any purpose, including, by way of
example only, downloading patterns/Images, indexing, scraping or caching the content
on the website.
PART IV MISCELLANEOUS
15. PWX shall be under no obligation to refund the cost of a purchase. However, in the
event that PWX determines that you are entitled to a refund of all or part of your
purchase price, such refund shall only be made to the credit card account originally used
by you to make the subject purchase. If your payment was made using PayPal, your
refund will be issued to the original PayPal account.
16. The work you produce with the electronic vehicle folders/patterns must be used for
yourself, your direct employer, client, or customer, who must be the end user of your
work. You agree to take all commercially reasonable steps to prevent third parties from
duplicating any pattern. If you become aware of any unauthorized duplication of any
PWX pattern(s) please notify us via email at firstname.lastname@example.org
17. You agree that you will not share your username and password combination. Your
PWX username and password are to be used only by you. Each person that desires to
access the PWX website site must have his/her own username and password. You may
access your account on multiple computers, but only one computer may be logged in
using your account at any one time. If any two users on two separate computers are
using the same username and password, we reserve the right to terminate that
subscriber's account without refund or prior notice. We reserve the right to monitor
accounts and institute measures to stop users from sharing their login information.
18. You agree to indemnify and hold PWX, its officers, employees, shareholders,
directors, managers, members and suppliers, and those of its affiliates including parent
companies and subsidiaries, harmless against any damages or liability of any kind
arising from any use of patterns other than the uses expressly permitted by this
Agreement. You further agree to indemnify PWX for all costs and expenses that PWX
incurs in the event that you breach any of the terms of this or any other agreement with
19. You Warrant and Represent that:
a. All information, including personal information, which you provide to PWX, is accurate,
complete, and current at the time you provide it to PWX. You agree to correct and
update such information to ensure its accuracy and completeness at all times.
Falsification of such information, or failure to comply with this Agreement may result in
the termination of your account with PWX.
b. You accept responsibility for any and all activities conducted through your PWX
account. You agree to notify PWX immediately of any unauthorized use of your account,
including the unauthorized use of your password or accounts, as well as of any other
breach of security that may affect PWX.
c. You agree that you may not have more than one account without PWX prior written
consent. You may not create additional accounts for the purpose of re-using promotional
codes, when offered, affiliate program referrals or other bonus / special offers. You may
not use more than one promotional code or offer without PWX consent. Promotional
codes and offers may not be combined.
d. You will not in any way impersonate another person or act in a manner, which may
cause others to confuse you with another party. You will not engage in any behavior,
which PWX, in its discretion, deems vulgar or otherwise offensive.
e. If PWX terminates your account, you will not access PWX in any manner or for any
reason without the prior express written permission of PWX.
20. While PWX uses commercially reasonable efforts to ensure the accuracy of patterns
and descriptions, PWX makes no warranties and/or representations regarding such
21. The rights granted to you under this Agreement shall terminate immediately and
without notice: (i) upon the institution of insolvency, receivership or bankruptcy
proceedings or any other proceedings, by or against you; (ii) upon you making an
assignment for the benefit of creditors; or (iii) upon the dissolution of any entity on whose
behalf you entered into this Agreement, or at the moment such entity ceases to do
business. PWX shall not consent to any assumption or assignment of the rights granted
hereunder in the event of any of the preceding.
22. You must be at least 18 years of age to use the patternworx.com website and accept
this Agreement. PWX may require any registrant to provide sufficient proof of age.
23. This Agreement is a contract, which shall be governed by and construed in
accordance with the laws of the State of California. You hereby consent to the personal
jurisdiction of the state and federal courts located within such state. All actions,
controversies and disputes arising from or relating to this Agreement shall be heard and
decided exclusively before the courts located within the State, County and City of
California and not elsewhere. You agree that service of process in any actions,
controversies and disputes arising from or relating to this Agreement may be effected by
mailing a copy thereof by registered or certified mail (or any substantially similar form of
mail), postage prepaid, to the other party however, nothing herein shall affect the right to
effect service of process in any other manner permitted by law. This Agreement shall be
construed neither against nor in favor of any party, but rather in accordance with the fair
meaning of the language hereof. The invalidity or unenforceability of any part of this
Agreement shall not affect the validity or enforceability of the balance hereof.
24. If you are entering into this Agreement on behalf of your employer or other entity,
you warrant and represent that you have the full right and authority to do so. In the event
that you do not have such authority, you agree that you will be personally liable to PWX
for any breaches of the terms of this Agreement.
25. Credit Attributions and Copyright Notices for Editorial Uses of a pattern(s)
a. You shall provide a link back to www.patternworx.com (where applicable) -ORprovides
a credit to the PWX contributor and to PWX in connection with the editorial use
of any pattern(s). Such credit shall be in substantially the following form: "Name of
b. The unintentional omission of the aforesaid credit will not be a breach of the terms
hereof provided that you cure such omission following email notice from PWX.
25. In the event that you breach any of the terms of this or any other agreement with
PWX, PWX shall have the right to terminate your account without further notice. Such
termination shall be in addition to PWX’s other rights at law and/or equity. PWX shall be
under no obligation to refund any fees paid by you in the event that your account is
terminated by reason of any such breach or breaches.
26. PWX grants no rights and makes no representations or warranties with respect to
the use of any pattern(s), trademarks, service mark, and copyrighted designs. It is your
responsibility to assure that all necessary rights, consents, or permissions that may be
required for your use of any patterns are obtained.
27. PWX does not warrant that the patterns(s), patternworx.com websites, or other
materials, will meet your requirements or that use will be uninterrupted or error free. The
entire risk as to the quality, performance and use of the pattern(s) is solely with you.
28. In no event shall PWX’s total aggregate liability to you, or to any third party claiming
through you, arising out of or in connection with your use of or inability to use the
patternworx.com website and/or pattern(s) contained thereon (whether in contract, tort or
otherwise) exceed the monetary amount actually received by PWX from you for your use
of the applicable pattern(s)
29. Neither PWX nor any of its officers, employees managers, members, shareholders,
directors suppliers or those of its affiliates including parent companies and subsidiaries,
shall be liable to you or to any other person or entity for any general, punitive, special,
indirect, consequential or incidental damages, or lost profits or any other damages, costs
or losses arising out of your use of the patterns(s), PWX's breach of this Agreement, or
otherwise, unless expressly provided for herein, even if PWX has been advised of the
possibility of such damages, costs or losses.
30. In the event that you use fraudulent credit card information to open an account or
otherwise engage in any criminal activity affecting PWX, PWX will promptly file a
complaint with www.ic3.gov, the Internet Crime Complaint Center, a partnership
between the Federal Bureau of Investigation (FBI) and the National White Collar Crime
Effective June 16th, 2011