Terms

KnitCrate Terms and Conditions

Welcome to the KnitCrate (“we”, “us”, “our”, “KnitCrate”) website (the “Site”). By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. We reserve the right to revise these Terms at any time by updating these Terms. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes, if any. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole and absolute discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the KnitCrate Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.

We require all of our Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
  • Posting any information which is untrue, inaccurate or not your own
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
  • Attempting to interfere in any way with the Site’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

2. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and cancellation policies (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

3. Membership

The Site is available to subscribers and/or registered users who are 18 years and older and who have not been suspended or removed by us for any reason (a “Member”). We reserve the right to revoke your membership, including revocation and cancellation of any subscription, without notice for any reason at any time including as a result of a violation of these Terms. Membership is void where prohibited by law. 

A Member or non-Member can enroll in the KnitCrate Points Program by creating a store account here.  Any earned rewards from the KnitCrate Points Program are non-transferable and have no cash value.  Such earned rewards expire within one year of earning them.  The KnitCrate Points Program is subject to applicable law and may be awarded, cancelled or amended at any time in our sole discretion.

Use of any promo code for a discount on a subscription, whether gift or otherwise, disqualifies any credit for such applicable subscription month(s) with respect to the KnitCrate Points or any other rewards or loyalty incentive in our sole discretion.

Subscription fees will not be refunded after a payment has been made. Rather, any remaining packages will be shipped as scheduled. Any new subscriber to a new subscription category may receive an alternate package from the offering of the first applicable month in order to avoid the waitlist. Such alternate package will include the yarn and pattern from a past subscription package. This ensures we can offer our service to the majority of people.

4. Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. Any digital downloads provided in a KnitCrate or kit order must be downloaded within 30 days of package receipt.

5. Proprietary Rights

You acknowledge and agree that any content submitted by Members on the Site, including any public or private forum managed by KnitCrate, become the property of KnitCrate and can used in testimonials, reviews, or otherwise in print or digital format with or without any attribution or compensation. You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of KnitCrate or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws.  You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.  "KnitCrate" and the KnitCrate logo are each our trademarks.  All other trademarks are the property of their respective owners.  All of our Site's content is Copyright 2012-2016 KnitCrate, LLC.  All rights reserved.

6. Submitted Content

KnitCrate does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site on any public or private forum we manage, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant KnitCrate the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. KnitCrate will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. KnitCrate reserves the right to unpublish any review or other information submitted through its site or social networks that it or its members find offensive or otherwise inappropriate. Any such unpublished review will not be eligible to earn credit for any related submission such as KnitCrate Points, KnitCrate Direct, and/or giveaways. Any defamatory review posted through our site, social networks or any other forum may result in cancellation of all earned KnitCrate Points and other subscriber benefits including cancellation of a subscription.

7. Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, KNITCRATE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

KnitCrate makes no representations or warranties of any kind regarding any non-KnitCrate sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-KnitCrate sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or in our packages.

8. Indemnification

You agree to indemnify, hold harmless, and defend KnitCrate, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

9. Limitation of Liability

IN NO EVENT SHALL KNITCRATE, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF KNITCRATE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KNITCRATE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO KNITCRATE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

10. International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  We are not responsible for any duties, fees, taxes or other charges incurred due to international shipments of goods or otherwise.

11. Risk of Loss

Any merchandise purchased from our Site, including any merchandise delivered in connection with a KnitCrate subscription, will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

12. Copyright Infringement; Notice and Take Down Procedures

KnitCrate specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim. KnitCrate will process notices of alleged infringement which it receives and will take appropriate action in its sole and absolute discretion.

To be effective, the notification must be in writing and contain the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact usKnitologie.com