1. This agreement is between “The Idea Shop, Inc.”, doing business as “Pattern Post”, and you, the “Seller”.
2. This agreement is available only to individuals who can form legally binding contracts. By entering into this agreement with Pattern Post, you are representing that you are qualified to form such an agreement. Therefore, our services are not available to minors.
3. Pattern Post provides its site as the venue for you, the Seller, to list patterns and projects and their description, graphics, dimensions, prices, availability and collateral charges for shipping and handling, as well as any sales taxes, for consideration by prospective purchasers. The information so provided is defined in this agreement as “Seller’s Information”. Pattern Post is not, and will not be involved in, any transactions between the Sellers and Purchasers. Pattern has no responsibility to ensure that a purchaser will actually complete a transaction with Seller. Pattern Post does not handle any financial arrangements that Seller and Purchaser may form in connection with any transaction or sale between Seller and Purchaser. Seller and Purchaser are responsible for determining the provisions and costs between themselves. The formulation of such provisions and their compliance with such provisions by the Seller and purchaser are not the responsibilities of Pattern Post.
4. Pattern Post reserves the right to terminate this agreement with Seller if Pattern Post, in it’s sole discretion, suspects, discovers or determines that Seller’s information (a) is false, inaccurate or misleading; (b) is fraudulent or involves the sale of counterfeit or stolen items; (c) infringes on some other party’s copyright, patent, trademark, trade secret, or other proprietary rights; (d) violates any law, statute or ordinance or governmental regulation (including by way of example, but not by way of limitation, those governing consumer protection and false advertising); (e) is defamatory or libelous; (f) is in the sole opinion of Pattern Post, obscene or contains child pornography; (g) contains viruses, Trojan horses, worms, time bombs, or any other programming routines intended to damage or expropriate any system, data or information; (h); is designed to interfere with the proper working of Pattern Post’s site, or with any transactions being conducted on it’s site; (i) contains, in the sole discretion of Pattern Post, materials or instructions which pose risk of injury or damage to the person or property of others.
5. Seller may not use the site in any manner, which is detrimental to the reputation of Pattern Post for providing quality service to the public. Accordingly, the Seller shall conduct its transaction with Purchasers in a prompt businesslike fashion. Pattern Post reserves the right, in its sole discretion, to suspend or terminate the use of its site by Seller if such use by Seller results in frequent Purchaser complaints of unsatisfactory service by Seller.
Seller agrees not to copy, modify, alter, reproduce, works, publicly display any content (except for your information) or create derivative from the Pattern Post website without prior written permission from Pattern Post.
6. Only an example of the Seller’s finished work may be displayed in order for Purchaser to view, but no finished work may be posted for sale.
II. Agreement – Terms
7. Pattern Post will provide its site as the venue for Seller to provide Seller’s information (as heretofore defined) to prospective Purchasers among members of the general public. Pattern Post will, at all times, attempt to make its site available to the viewing public. However, in so event shall Pattern Post be liable to Seller for lost profits, or for any special incidental or consequential damages, arising out of its site, the services of Pattern Post, or this agreement, (however arising, including negligence). The liability of Pattern Post to Seller under any circumstances is limited to the greater of (a) the amount of fees paid by Seller to Pattern Post in the twelve (12) months immediately preceding the action giving rise to the asserted liability, or (b) One Hundred Dollars ($100.00). Pattern Post does not, and cannot, guarantee continuous, uninterrupted or secure access to its services and the operation of its site, which may be interfered with by numerous factors outside of the control of Pattern Post.
8. Seller will pay to Pattern Post for the use of its site,
the appropriate amount shown in the Pattern Post rate schedule, based on the number of patterns and the length of time posted.
No offer of a catalog or a listing of patterns available shall be allowed, nor shall any effort to circumvent Pattern Post fees be allowed. Pattern Post, in it’s sole discretion, shall have the right to contact Seller and advise of the removal of any listing, or wording that Pattern Post deems to be an attempt, deliberate or otherwise, to circumvent Pattern Post fees.
Payment shall be made to Pattern Post in U.S. Dollars, and shall be charged to Seller’s MasterCard of Visa card.
Seller will be notified, via e-mail, 30 days from the date of expiration of the posting. At such time, Seller may renew the posting period for any number of patterns, or for any length of time offered by Pattern Post, by furnishing updated credit card information for either MasterCard or Visa, or any other credit card accepted by Pattern Post at that time. Failure to renew will result in Seller’s patterns being removed from the Pattern Post site at midnight on the date of expiration.
Pattern Post may change the fee structure at any time. However, any change would not take effect until the expiration of your posting agreement. Such change in the fee structure would then apply to your renewal.
Pattern Post reserves the right to offer temporary fee structures for promotional events or other inducements and those inducements would only apply to new postings.
III. Miscellaneous Provisions
9. Without limiting other remedies Pattern Post may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate the use of its site by Seller and refuse to provide its services to Seller if Seller (a) breaches this agreement; (b) Pattern Post is unable to verify or authenticate information Seller provides to Pattern Post; or (c) Pattern Post believes that any actions of Seller may cause Pattern Post to incur liability to any person whatsoever.
10. Pattern Post and Seller are independent contractors and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is created by this agreement.
11. Pattern Post does not furnish, rent or sell lists of Sellers or Purchasers to outside parties. However, the use of your name or address used in Pattern Post by outside parties is out of the control of Pattern Post and Pattern Post cannot be responsible for such use.
12. It is the responsibility of the Seller, when posting patterns, to correctly identify and choose the categories which shall be used to search for patterns by Purchasers, or the colors chosen in the Swatch Designer R. Pattern Post will not be responsible for patterns incorrectly identified whether by text or color. Pattern Post will not be responsible for incorrect information such as addresses, e-mails, etc. listed by Sellers
13. Pattern Post reserves the right,, from time to time, to display advertising banners on the website, or make available to Sellers services outside of posting, such as payment services, photography or scanning services, or such other services that may be offered now or in the future. Seller agrees that accepting any of these services is at the sole discretion of the Seller and that Pattern Post shall not be held responsible for any dispute whatsoever involved with such services.
14. It is the sole responsibility of the Seller to collect and pay any sales taxes due to the proper jurisdictions. Any questions should be addressed to a tax consultant. Seller hereby holds Pattern Post blameless for any failure on Seller’s part to charge, collect or pay such sales taxes.
15. Notices: Except as explicitly stated otherwise, any notices shall be given by registered postal mail with receipt requested to: Pattern Post c/o The Idea Shop, Inc. P.O. Box 22088, St. Louis, MO 63126, U.S.A. If mailed by registered postal mail, notice shall be considered received 3 days after mailing.
16. Applicable Law: This agreement shall be governed in all respects by the law of the State of Missouri, U.S.
rate schedule,
