Terms and Conditions of Use
Welcome to www.simplicity.com (the "Site"), which is operated by Simplicity Creative Group ("Simplicity", "we" or "us"). Simplicity is a family of companies which includes the brands Simplicity® Pattern Company, Wrights®, Boye® Needle, E-Z Quilting®, American Girl Crafts™, and Dimensions® Crafts, including PaintWorks™.
- Acceptance of Terms
- Site Material (Our License to You)
- Site Use
- Your Content (Your License to Us)
- Your Purchases from the Site
- Disclaimer of Warranties and Limitation of Simplicity's Liability
- Governing Law; Legal Venue
1. Acceptance of Terms
This page states the terms and conditions ("Terms") under which you may use the Site. Please read this page carefully. If you do not accept the Terms, do not use the Site or order any products from the Site. If you use the Site or order any product from the Site, you indicate your acknowledgment of, and agreement to be bound by, the Terms. We may revise the Terms at any time by posting an update to this page, so you should visit this page whenever you use the Site because your use of the Site after we post changes to the Terms means you have accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Site for any reason.
3. Site Material (Our License to You)
The contents of the Site, including, but not limited to, text, graphics, sounds, images, data, information, and other material ("Material"), are owned by Simplicity and our third party service providers ("Service Providers") and are protected by United States and foreign intellectual property laws. Unauthorized use of any Material may violate copyright, trademark, and other laws.
You may view and download a single copy of the Material solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make. You may not sell or modify any Material or reproduce, display, publicly perform, scrape, distribute, or otherwise use any Material in any way for any public or commercial purpose by any means, whether by automated or otherwise. The Material may not be used on any other site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that we use to generate pages of this Site. This code is protected by Simplicity's copyright and other intellectual property rights.
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. Your use of the Site and the Material is at your own risk. We reserve the right, in our sole discretion, to modify, add, or remove portions of the Site at anytime without notice.
4. Site Use
A. General Rules: The Site is intended for adult use only. Anyone under the age of 18 is not permitted to purchase products from the Site. You may not use the Site to transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
B. Security Rules: You may not violate or attempt to violate the security of the Site or use the Site to violate the security of another website by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Site, host or network, including by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Simplicity packet header or any part of the header information in any e-mail or newsgroup posting. Violators of these Rules may be subject to civil or criminal liability.
Simplicity may investigate violations of the Terms and will cooperate with law enforcement authorities to prosecute those involved in such violations.
C. Social Networking: In addition to allowing users to view the Site and purchase Simplicity products, we also allow users to use the Site for networking, informational, and educational uses related to our products. These services are provided solely as a convenience to you and not as an endorsement of any kind. We are not responsible for, and we do not make any representation regarding the content, suitability, or accuracy of any statement or information made or supplied by any third party on the Site.
5. Your Content (Your License to Us)
You alone are responsible for the form, content, and accuracy of any and all text, images, and other materials you post or make available on or through the Site, including but not limited to message board posts, blogs, bookmarks, homepages, personal profiles and member profiles ("Content"). You alone are also responsible for the consequences of any Content you post or otherwise make available on or through the Site. If you submit or otherwise make Content available, you represent that you are the owner of such Content or are submitting the Content with the express consent of the owner. Further, you warrant that all your posted Content is expressed on your behalf, and not on behalf of Simplicity.
If you submit or otherwise make Content available, you thereby grant Simplicity a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute, or make available any portion of such Content as we see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to these Terms. While not limiting the foregoing rights, Simplicity reserves the right to excerpt, store, use, or distribute, in whole or in part, any Content posted by you on any public areas maintained within the Site (including, but not limited to the general access and password protected community, idea exchange, classroom and project areas), along with your screen name or user ID you selected, and feature them in ads, supplements, and content pages in any print publications owned, controlled, or otherwise maintained by Simplicity. Simplicity may identify you as the author of any of your postings by name, email address, or screen name as we deem appropriate.
Simplicity reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to its attention that it considers unacceptable or inappropriate, whether for legal or other reasons.
You shall not post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within the Site. The term "contact information" includes but is not limited to any person's full name, email addresses, phone numbers, and mailing addresses. We reserve the right, but do not maintain the obligation, to remove any contact information we might find in such public areas. Simplicity has no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the Site. As between you and Simplicity, you alone are solely responsible for any consequences arising from your sharing, making available, or otherwise exchanging, through a public area on the web or via a private exchange, any form of "contact information" with any user or member of the Site.
A. By You To the Site: If you would like to link to the Site, in addition to complying with other applicable Terms, you may not: • frame or create a browser or border environment around the Site; • imply that Simplicity endorses your site or your products or services; • misrepresent your relationship with Simplicity; • present false information about products or services on the Site; • use trademarks or logos (including Simplicity's) without prior permission; and • link from a site containing content that we might consider distasteful or offensive in our judgment. • utilize our content, including images and text without prior written permission. To obtain permission, please email us your request.
7. Your Purchases from the Site
The following additional terms apply if you purchase any goods, products, or services ("Merchandise") from the Site:
A. Prices & Availability: Prices are in U.S. Dollars. Promotional offers and prices are for a limited time. Prices are subject to change without notice and do not include shipping and handling charges or applicable taxes and other governmental charges. Availability of merchandise is not guaranteed. All offers are subject to change.
B. Modifications: We may modify or discontinue Merchandise at any time.
C. Shipments: Simplicity accepts and ships orders only for Merchandise that is in stock. We will accept a return or exchange of current Merchandise per our Return Policy and credit your method of payment (minus shipping and handling costs). We cannot refund shipping charges except when the Merchandise shipped to you was damaged or the wrong Merchandise was shipped as a result of our error.
Any return must be made within thirty (30) days of order delivery. We will not accept any discontinued Merchandise for return unless it was defective when shipped to you. You must obtain a proper Return Authorization from an Online Ordering Service representative before returning any Merchandise. We will only accept returns of Merchandise purchased through our online store on the Site.
Please send your authorized return to:
Simplicity Creative Group
Online Ordering Service
6050 Dana Way
Antioch, TN 37013
Please refer to the official Return Policy for further details.
If you have any further questions, please contact our Online Ordering Service at (800) 653-7301 ext. 4065, Monday through Friday, 8:00 am to 4:30 pm, CST.
D. Credit Card Information: We take precautions to protect the security of the payment information that you share with us, including the utilization of encryption and data authentication tools. However, no data transmission over the Internet can be guaranteed to be 100% secure. If you purchase Merchandise online using a credit card, you accept all risks associated with doing so, including the risk that your credit card number or other information could be intercepted in transit. While we attempt to use reasonable security measures, you understand that we will not be liable for any charges which may be made on your credit card as a result of interception or any other misuse of your credit card or information transmitted or mis-transmitted to us. If you are uncomfortable transmitting your order online, you may order by phone by calling our Online Ordering Service at (800) 653-7301 ext. 4065.
E. Shipping Charges, Taxes: All purchases are subject to separate charges for shipping and handling. You are also responsible for any sales and other taxes associated with your order, however designated. If applicable, a separate charge for taxes will be shown on the invoice. Sales tax is calculated based on the state and local tax of the shipping address. Once your order is placed, you will receive an e-mail confirming your order and a total including sales tax.
F. Errors. Pictures are shown for convenience only. We are not responsible for typographical or other errors or omissions regarding prices or other information. Because individual monitor settings differ, colors and packaging may vary slightly from images depicted online.
8. Disclaimer of Warranties and Limitation of Simplicity's Liability
The Material and services provided through the Site are for informational purposes only. You may use the Materials and services only for your personal and non-commercial use. Before you act on any information you've found on the Site, you should confirm any facts that are important to any decision you might make. IF YOU RELY ON ANY MATERIAL, INFORMATION, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS, OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. THE SITE AND ALL MATERIALS AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". SIMPLICITY AND ITS SERVICE PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RESULTS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR SUCH MATERIALS AND SERVICES, NOR DO WE GUARANTEE THAT THE SITE, MATERIALS AND SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL.
SIMPLICITY AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY MERCHANDISE PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL SIMPLICITY OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF SIMPLICITY UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR ANY ORDER THROUGH SIMPLICITY'S ONLINE STORE WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS WE RECEIVED FROM YOU RELATING TO SUCH ORDER.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SIMPLICITY AND ITS SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Simplicity makes no claim that the Material or other content available through the Site may be lawfully viewed or downloaded outside of the United States. Access to the Material may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You shall defend, indemnify and hold Simplicity and its subsidiaries, affiliates, and agents, and each of their respective officers, directors, employees, and third party service providers harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of any of the Terms, your violation of any law, or the infringement by you or any other user of your account of any intellectual property or other right of any person or entity.
Simplicity reserves the right, in its sole discretion and without liability to you, to immediately terminate your ability to access the Site and/or any other service we may provide, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, interfered with or harmed any Service Provider, or otherwise not complied with any of the Terms.
If you believe that any content on this Site infringes upon any copyright which you own or control, you may send a written notification to Simplicity's Designated Agent as set forth below.
Designated Agent: License Coordinator
If you believe that your copyrighted work is available on the Site in violation of your copyright, you may provide our Designated Agent with a written contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item (a) above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
Simplicity has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Site who are deemed to be repeat infringers.
12. Governing Law; Legal Venue
The Terms are governed by the internal substantive laws of the state of New York, excluding its conflict of laws principles and the U.N. Convention on Contracts for the Sale of Goods. You irrevocably: (i) agree that jurisdiction of any claim or action arising under the Terms may be brought only in the state or federal courts located in New York, New York, (ii) consent, for yourself and your property, to the exclusive personal jurisdiction of such courts if there is a dispute between you and us, (iii) waive any objection to proceeding in such venue, including that the forum is inconvenient, and (iv) agree that you may not institute any action in any form arising out of use of the Site, the Material, or the Terms more than eighteen (18) months after the cause of action has arisen. YOU IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TOS OR YOUR USE OF THE SITE.