Terms of Use Terms of Use

Terms of Use

By using the PatternJam.com website and PatternJam service you are agreeing to the following terms and conditions ("Terms of Use").

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You must be human.
  3. You may not use the PatternJam service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  4. You are responsible for any activity that occurs under your account.
  5. You must not abuse, harass, threaten, impersonate or intimidate other PatternJam users.
  6. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links ("Content") that you upload, edit, and display on the PatternJam service.
  7. You must not modify, adapt or hack PatternJam or modify another website so as to falsely imply that it is associated with PatternJam.
  8. You must not crawl, scrape, or otherwise cache any content from PatternJam including but not limited to user profiles, photos, scripts, or graphics.
  9. You must not create or submit unwanted email or comments to any PatternJam members ("Spam").
  10. You must not upload or transmit any worms or viruses or any code of a destructive nature.
  11. You must not, in the use of PatternJam, violate any laws in your jurisdiction (including but not limited to copyright laws).
  12. Violation of any of these agreements will result in the termination of your PatternJam account. While PatternJam prohibits such conduct and content on its site, you understand and agree that PatternJam cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PatternJam service at your own risk.

  General Conditions

  1. We reserve the right to modify the PatternJam service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use. If the alterations constitute a material change to the Terms of Use, we will make the new Additional Terms available to you on the site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts.

  Feedback

  1. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”).
  2. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PatternJam under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PatternJam does not waive any rights to use similar or related ideas previously known to PatternJam, or developed by its employees, or obtained from sources other than you.

  Proprietary Rights in Content on PatternJam

  1. PatternJam does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you upload on or through the PatternJam Services.
  2. You agree not to submit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. PatternJam reserves the right, but is not obligated, to reject and/or remove any User Content that PatternJam believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  3. By publishing any designs containing User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to PatternJam a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and PatternJam’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
  4. Some of the PatternJam Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PatternJam may place such advertising and promotions on the PatternJam Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  5. You represent and warrant that: (i) you own the Content uploaded by you on or through the PatternJam Services, (ii) the uploading and use of your Content on or through the PatternJam Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you upload on or through the PatternJam Services.
  6. Limited License. PatternJam grants you a non-exclusive license to use PatternJam. These Terms of Service will also govern any upgrades that replace and/or supplement PatternJam, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. PatternJam may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as and only to the extent expressly permitted in these Terms of Service or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of PatternJam or any part thereof.
  7. The PatternJam Services contain Content of PatternJam ("PatternJam Content"). PatternJam Content is protected by copyright, trademark, patent, trade secret and other laws, and PatternJam owns and retains all rights in the PatternJam Content and the PatternJam Services. PatternJam hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PatternJam Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PatternJam Services.
  8. The PatternJam Services contain Content of Users and other PatternJam licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of Users or other PatternJam licensors appearing on or through the PatternJam Services.
  9. PatternJam performs technical functions necessary to offer the PatternJam Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PatternJam Services.
  10. Although the Site and other PatternJam Services are normally available, there will be occasions when the Site or other PatternJam Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PatternJam (i.e. warps in the space time continuum). Also, although PatternJam will normally only delete Content that violates this Agreement, PatternJam reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PatternJam in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PatternJam encourages you to maintain your own backup of your Content. In other words, PatternJam is not a backup service. PatternJam will not be liable to you for any modification, suspension, or discontinuation of the PatternJam Services, or the loss of any Content.

Governing Law, Jurisdiction, Venue

  1. The Terms of Service, your access and use of PatternJam and the relationship between you and PatternJam, Inc. is governed by the laws of the State of Utah, without regard to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Salt Lake City, Utah. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, PatternJam shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in PatternJam's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of PatternJam or the Website or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.