OVERVIEW

This website (“Site”) and its’ content is owned and operated by Cleome Smith Inc. Throughout this Site, the terms “Company”, “we”, “us” or “our” refer to Cleome Smith Inc. We offer this Site including all information, tools and services (“Service(s)”) available to “you”, the user, visitor or customer of this Site conditioned upon your acceptance of all terms, conditions, policies and notices stated in these terms.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OUR SITE AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN OUR COMPANY AND YOU. BY VISITING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR ADDITIONAL POLICIES REFERENCED HEREIN SUCH AS OUR PRIVACY POLICY. IF YOU DO NOT CONSENT TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT CONTINUE TO USE OUR SITE FOR ANY PURPOSE.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

These terms and conditions were last updated on June 27, 2022.

COPYRIGHT POLICY

Cleome Smith Inc. and its’ original content (excluding content provided by you or other users), features and
functionality on this Site and on all our other platforms (ie. Ravelry and Etsy) are and will remain the exclusive property of Cleome Smith Inc. and its licensors. This content includes but is not limited to photography, original text, images and graphics/illustrations both on this Site and in the products sold on this Site and aforementioned other platforms.

You may not reproduce, publish, transmit, forward, distribute or redistribute, participate in the transfer of sale of, create derivative works from or in any manner exploit in any format any of the content of this Site or its’ services in whole or in part without our prior written consent. We reserve the right to pursue all available legal remedies if you violate this intellectual property policy.

You may not use any content that is contrary to these terms unless given written permission by us. Written permission by us constitutes agreement by you to use only the content that we allow and only for the purposes for which we have stated.

Any requests for written permission to use our content or any other intellectual property or property belonging to us should be made prior to using any said content by contacting us at cleomesmithknits@gmail.com

Cleome Smith knitting patterns are protected by copyright and are for personal use only.

All purchases of digital content through this website and any other platforms where Cleome Smith patterns are sold constitute understanding and agreement to these terms.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Our online store is hosted by Squarespace which employs Stripe for payment processing. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

RETURNS POLICY

All digital sales are final. We do not offer cancellations, returns or refunds.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate contact and payment information for all purchases made through our Site. You agree to provide this information so that we can complete your transactions and fulfill our end of this contractual obligation to you.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

OPTIONAL TOOLS

We may provide you with access to third party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

THIRD PARTY LINKS

Our Site may provide links to other third party websites and content, including social media websites or payment processors (“Third Party Links and Content”) as a matter of convenience to those interested in this information or wishing to purchase products from our Site. These Third Party Links and their content are not affiliated with us. We do not monitor or have any control over any Third Party Links and Content or third party websites. We do not endorse any Third Party Links and Content and make no guarantee as to their accuracy or completeness and undertake no responsibility to update or review any Third Party Links and Content. Your use of any third party websites or content may be subject to such third parties’ terms and conditions or their privacy policies and therefore you use these Third Party Links and Content at your own risk. Please review carefully the Third Party's policies and practices and make sure you understand them before you engage in any transaction.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Links and Content. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit anything to us through our Site, you agree that any such materials, including but not limited to questions, comments, feedback, plans, notes, ideas, suggestions, proposals, drawings or other materials or information (“User Submissions”) regarding our Site, us or our products or Service provided by you are non-confidential and non-proprietary and shall become our sole property. We will own all exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You therefore grant to us and our affiliates, business partners, service partners, and sub-licensees an unrestricted, worldwide, royalty-free, non-exclusive license and right to use the User Submissions and the name that you submit in connection with such User Submissions.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your User Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you make and their accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.

ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We attempt to display and describe the content on this Site as clearly and accurately as possible however please accept that occasionally the Site may not be entirely accurate, complete, current or error-free.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot, however, guarantee that your computer monitor’s display of any color will be accurate.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our privacy policy. Please find more information on our Privacy Policy page.

PROHIBITED CONDUCT

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website or any related website, other websites, or the Internet. We reserve the right to terminate your use of this website or any related website for violating any of the prohibited uses.

WARRANTY DISCLAIMER

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATION OF LIABILITY

In no event will we, Cleome Smith Inc., our affiliates, service providers, directors, officers, employees, agents, contractors, interns, suppliers or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any sites linked to it, any content on our Site or such other websites or an products, services, or other items obtained through our Site or such other websites including any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold Cleome Smith Inc. and our independent contractors, service providers, affiliates, business partners and consultants and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Submissions or User Generated Content you post, store or otherwise transmit on or through our website or your use of or inability to use our website, including without limitation any actual or threatened suit, demand or claim made against us, or any of the above-named foregoing parties, arising out of or relating to the website content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions..

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. Notwithstanding anything contained in these Terms and Conditions, we reserve the right, without notice to you and in our sole discretion, to terminate your license to use or access our Site, to block or prevent your future access to and use of our Site, or refuse to sell you any products or services through our Site.

INTERNATIONAL USE

Due to the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the Company or service providers.

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Canada.

CHANGES TO THIS AGREEMENT

Any changes to our Terms and Conditions will result in an update to the information stated on this page. It is the responsibility of the Site user to remain informed of any changes we make to this agreement.

CONTACT

If you have any questions or concerns regarding our terms and conditions, please contact us at cleomesmithknits@gmail.com

Thank you for taking the time to read our Terms and Conditions.