Welcome to Weavolution. The site and services available in connection with the website at http://www.weavolution.com (the “Service”) are intended to be an online international community of people who enjoy hand weaving and welcomes all weavers, from basket to production, using any type of loom, from peg to dobby. The Service is intended to provide a place for weavers to meet, discuss and participate in user groups and forums and to use and contribute to searchable databases of projects, looms, drafts and yarns. As an online global community for weavers, the Service is meant to be a place to discover trends in weaving, find local, national and international resources, and peruse ads for businesses catering to weavers.
Weavolution reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice to you or any third party. The Service is not intended for and is not designed to attract children under 13 years of age. You must be 13 years or older to use this site, and parents of children between the ages of 13 and 18 who register are responsible for the actions of their child and are expected to monitor such child’s behavior and ensure adherence to the Terms.
Registration and User Data
We may require you to register or otherwise provide information about yourself in order to use the Service or certain of its functionalities. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) as prompted by the Service and (b) maintain and promptly update any User Data provided during registration, if applicable, to keep it accurate, current and complete. You consent and agree that Weavolution may access, preserve and disclose your User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content (as defined below) violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Weavolution, its users and the public. You are responsible for keeping your password secure, and you agree that you are responsible for all activity that occurs under your username.
Weavolution does not control or monitor the Content available in connection with the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Weavolution be liable in any way for any Content, 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 any Content made available via the Service. You acknowledge that Weavolution may or may not pre-screen or monitor Content, but that Weavolution and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, disable access to or remove, any Content that is available via the Service.
The Service is for your personal and noncommercial use only. Except as required by under our agreements with third party licensors or as otherwise indicated in the Service, you may not, for commercial or other purposes, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell any portion of the Service, use of the Service or access to the Service. You agree not to use the Service to transmit or otherwise make available: (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or in violation of the rights of another person; (b) any Content that you do not have a right to make available under any law (including intellectual property laws) or under contractual or fiduciary relationships; (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree not to: (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law (including but not limited to export control laws); (iii) use the Service to harm minors in any way; (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or (v) harvest or collect e-mail addresses or other contact information of other users of the Service by electronic or other means for purposes of sending unsolicited e-mails or other unsolicited communications. You agree not to access the Service: (x) by any means other than through the interface that is provided by Weavolution for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
Links to Third Party Sites
The Service may contain hyperlinks and advertisements to pages on other web sites (“Linked Sites”), and those Linked Sites may offer products and/or services for sale or provide advice or other information. Weavolution’s provision of links to any Linked Site is for your convenience only and does not create or imply any endorsement of or relationship or partnership with the operators of such Linked Sites. Weavolution does not author, edit, control, or monitor any Linked Site. You acknowledge and agree that Weavolution has no responsibility for the accuracy or availability of information provided by any Linked Site and that Weavolution does not control or endorse the sponsors of any Linked Site or the content, products, advertising, advice or other materials presented on any Linked Site. Weavolution may remove any links at any time for any reason or for no reason.
WEAVOLUTION WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON LINKED SITES. WEAVOLUTION IS NOT AND SHALL NOT BE RESPONSIBLE FOR (I) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY’S BACKGROUND, INSURANCE, CREDIT OR LICENSING, (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, OR (IV) ANY CONTENT ON LINKED SITES OR OTHER THIRD PARTY SERVICES, THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY, THE ACCURACY OF ANY ADVICE GIVEN BY ANY THIRD PARTY, OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD OR ADVICE GIVEN BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT LIABILITY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY’S WEBSERVICE (INCLUDING ANY LINKED SITE), PRODUCTS AND/OR SERVICES, YOU RELEASE WEAVOLUTION (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Use of Provided Communications Methods
You agree to use communication methods available on the Service (if any) only to send communications and materials related to the subject matter for which Weavolution provided the communication method and only subject to these Terms. You agree that (a) all communications methods constitute public means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Weavolution in any manner, though Weavolution reserves the right to do so at any time at its sole discretion in accordance with the Terms.
You acknowledge and agree that the Service, any necessary software used in connection with the Service (“Software”) and any Content available on the Service contain proprietary information that is protected by applicable intellectual property and other laws. Weavolution grants you a personal, non-transferable and non-exclusive license to access and use the Service on a single device pursuant to the Terms. Except for the Content provided by you, as between you and Weavolution, Weavolution and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Software.
The term Weavolution, the Weavolution logo and other Weavolution, LLC logos and product and service names are the trademarks of, and are owned by, Weavolution, and you may not use or display such trademarks in any manner without Weavolution’s prior written permission. To request permission to use or display such marks, contact us at [email protected] or Weavolution, LLC, c/o CSC-Lawyers Incorporating Service Company, 7 St. Paul Street, Suite 1660, Baltimore, MD 21202. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.
If you provide comments, suggestions or feedback about, or in connection with, the Service to Weavolution or its site, you hereby grant to Weavolution a perpetual, irrevocable, non-exclusive, fully-paid-up license to use, reproduce, modify, create derivative works of, make, have made, sell, offer for sale, distribute, import and otherwise exploit such suggestions or feedback in connection with the products, services and business of Weavolution, including the right to sublicense any of the foregoing rights to others.
Warranty Disclaimer, Liability Disclaimer and Indemnity
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY. WEAVOLUTION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WEAVOLUTION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE CONTENT WILL BE VIEWABLE TO YOU ; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY CONTENT OR INFORMATION ACCESSIBLE BY MEANS OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
IN NO EVENT SHALL WEAVOLUTION (OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THIRD PARTY DEALINGS, OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), (ii) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, (iii) ANY LOSS OF DATA SUFFERED, (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (v) ANY OTHER INTANGIBLE LOSS, EVEN IF WEAVOLUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Weavolution may not, as a matter of applicable law, disclaim any warranty or limit its liabilities, the scope and duration of such warranty and the extent of Weavolution’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold Weavolution and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another person or entity.
You agree that Weavolution may, in its sole discretion, suspend or terminate your account and/or access to the Service for any reason or no reason, with or without prior notice, including, without limitation, if Weavolution believes that you have (i) breached these Terms, (ii) infringed the intellectual property or other proprietary rights of a third party, or (iii) violated or acted inconsistently with the letter or spirit of these Terms. FURTHER, YOU AGREE THAT WEAVOLUTION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. You may discontinue your participation in and use of the Service at any time.
Notice and Procedure For Making Claims of Infringement
Weavolution respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, please provide Weavolution’s Copyright Agent the following information:
- (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- (b) a description of the copyrighted work that you claim has been infringed;
- (c) a description of where the material that you claim is infringing is located on the Service;
- (d) your contact information, including your address, telephone number and email address;
- (e) 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; and
- (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Weavolution’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Weavolution, LLCCopyright Agent
c/o CSC-Lawyers Incorporating Service Company
7 St. Paul Street, Suite 1660, Baltimore, MD 21202
By email: [email protected]
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and Weavolution with respect to your use of the Service. The failure of Weavolution to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and Weavolution shall be governed by the laws of the State of California without regard to its conflict of law provisions. Weavolution may freely assign the Terms to an affiliate of Weavolution or to any third party in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.