Terms and Conditions
The following terms and conditions govern all use of the amybarickman.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Amy Barickman LLC. (“Amy Barickman”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Amy Barickman’s Privacy Policy) and procedures that may be published from time to time on this Site by Amy Barickman (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Amy Barickman, acceptance is expressly limited to these terms.
- Use digital images, tutorials, patterns (print or digital) or books (print or digital) in your handmade traditional or digital works of art, cards, scrapbooks, etc.
- Sell the finished item that you have created using our print or digital materials on Etsy, craft shows, etc. We ask that you keep to our limit of 75 reproductions of an image or uses of a pattern/project from a book to create items for sale. More that this is considered mass production & is prohibited without permission.
- Create items to give as gifts, donate to charity organizations, sell with profits going to a non-profit, etc. with no limits as long as all profits are going to charity.
- Share purchased images, patterns (print or digital), or books (print or digital) with others, online in any format or digital collection.
- Resell any digital images (free or purchased), patterns (print or digital) or books (print or digital) on their own or as a part of any digital/print (CD/DVD) collections
- Use any digital imagery (free or purchased) in a website/ blog design or any other collateral materials (print or digital) including but not limited to letterhead, logos, newsletters, email templates, brochures, etc. without express permission.
- Use any digital images (free or purchased), patterns (print or digital) or books (print or digital) in a mass manufactured item (either digitally or in print) for resale or redistribution to others.
- Take any action that violates or infringes on the copyright of the products sold on AmyBarickman.com. All items (free or purchased) on AmyBarickman.com are covered by our copyright.
- To reproduce the work in copies.
- To prepare derivative works based upon the work.
- To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
- To display the copyrighted work publicly.
Indemnification. You agree to indemnify and hold harmless Amy Barickman, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Amy Barickman Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Limitation of Liability. In no event will Amy Barickman, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Amy Barickman under this agreement during the twelve (12) month period prior to the cause of action. Amy Barickman shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Disclaimer of Warranties. The Website is provided “as is”. Amy Barickman and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Amy Barickman nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Termination. Amy Barickman may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your amybarickman.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Amy Barickman if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Amy Barickman’s notice to you thereof; provided that, Amy Barickman can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes. Amy Barickman reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Amy Barickman may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Intellectual Property. This Agreement does not transfer from Amy Barickman to you any Amy Barickman or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Amy Barickman. Amy Barickman, amybarickman.com, the amybarickman.com logo, and all other trademarks, service marks, graphics and logos used in connection with amybarickman.com, or the Website are trademarks or registered trademarks of Amy Barickman or Amy Barickman’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Amy Barickman or third-party trademarks.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which amybarickman.com links, and that link to amybarickman.com. Amy Barickman does not have any control over those non-Amy Barickman websites and webpages, and is not responsible for their contents or their use. By linking to a non-Amy Barickman website or webpage, Amy Barickman does not represent or imply that it endorses such website or webpage. 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. Amy Barickman disclaims any responsibility for any harm resulting from your use of non-Amy Barickman websites and webpages.
