Interweave Plus Terms & Community Guidelines

Interweave+ Terms & Community Guidelines

THE TERMS RELATING TO ANY PURCHASES MADE ON THE SITE AND ANY SUBSCRIPTION AUTOMATIC RENEWAL TERMS ARE DISCLOSED HERE:  https://goldenpeakmedia.com/terms.  PLEASE REVIEW THEM CAREFULLY.

These terms (the “Terms”) govern any use by you of Interweave.com (the “Site”) and all of the products, software, services, and web sites (collectively, the “Services”) offered by Peak Media Properties, LLC dba Golden Peak Media (“Golden Peak Media”) (the “Company”) offered via the Site. 

By accessing the Site and/or using any of the Services, you agree to be bound by all of these Terms and Conditions. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules, or agreements, all of which are incorporated by reference herein. Company reserves the right to modify these Terms, at its sole discretion, with or without notice to you.

1. Description of Services. The Services include access to a rich collection of resources, including various communications tools, forums, patterns, videos, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed.

• Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, data, or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
  

2. Eligibility/Registration. You agree that your activities on the Site and any use of the Services shall be in accordance with (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting of the foregoing, minors may not use the Services without the supervision of a responsible adult.  Children under 13 may not use or access the Site or Services.

3. Privacy.  You understand that through your use of the Services you consent to Company’s collection and use of your registration data and certain other personal information about you, all as set forth in the Company’s Privacy Policy and updated from time to time. Company may access, preserve, and/or disclose your account information, patterns, and/or Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any pattern or Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of Company, its users, and/or the public. 

4. Fees. Access to Interweave+ membership requires the payment of fees to Company. Any such fees, and acceptable methods of payment, will be detailed in the relevant agreement, rules or guidelines governing such Service(s). 
5. Advertising and Other Communications. Company may also display advertising in connection with any of the Services, in its sole discretion. Users wishing to advertise on the Site must agree and abide by Company’s Advertising Terms and Conditions. 

6. Acceptable Behavior & Community Guidelines. Without limiting any other provision of these Terms, you agree that you will not:

• (a) upload, post, email, transmit or otherwise make available any Content (as defined in Section 6) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

• (b) harm minors in any way;

• (c) impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• (d) choose an inappropriate or offensive username or avatar;

• (e) share your login details;
• (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any pattern or Content transmitted through a Service;
• (g) upload, post, email, transmit or otherwise make available any pattern or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• (h) upload, post, email, transmit or otherwise make available any pattern or Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• (i) smit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• (j) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• (k) act in a manner that negatively affects other users’ quiet enjoyment of the Services;
• (l) spread harmful advice, hoaxes, or other disinformation;
• (m) treat other Users discourteously or disrespectfully;
• (n) post offensive comments or material (that which is false, vulgar, obscene, sexually-oriented, invades someone’s privacy, utilizes ethnic slurs, or hate speech, or otherwise is in violation of applicable law);
• (o) 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;
• (p) intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
• (q) “stalk,” “troll,” or otherwise harass another; collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services; and/or
• (r) set up additional account(s) to be used for deceptive purposes.

• Except as expressly authorized by Company, you agree not to reverse engineer, disassemble, modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, patterns, or any Content, whether in whole or in part.

• If your account is reported as violating these Terms & Community Guidelines, Company reserves the right to suspend your account temporarily or permanently. Suspected violations should be reported to support@interweave.com.

7. Content. Company is not responsible for any information, data, text, photographs, graphics, video, messages, tags, or other material (collectively referred to herein as “Content”) posted by Users of the Site. Company makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You are solely responsible for any Content you post on the Site.

• You represent that you have the right to post or transmit such Content, and, by posting or transmitting such Content, you give Company a license to publish and distribute such Content though the Services and to incorporate such Content into other works in any format or medium now known or later developed, in perpetuity, without compensation (unless prohibited by law).  You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; Company shall have no obligation to do so on your behalf. 

• Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services are protected by intellectual property rights which are owned by Company and/or the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement. 
• You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.  Company shall have the right, but not the obligation, to remove any Content that is violative of any law, regulation, or guideline, or that it deems offensive, in its sole discretion.  With respect to any Content that you have submitted to the Site, you have the right to request Company remove such Content, thus revoking any rights Company has with respect to such Content. Requests of this kind are to be submitted to support@interweave.com.

8. Dealings with Advertisers and/or Other Users. You may be exposed to advertising on the Site or through a Service or related communication from Company or its advertisers and sponsors. Company may also provide one or more Services through which users can transact with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through a Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on the Site or Service.

• BECAUSE THE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER OR OTHER USER, EACH OF YOU RELEASE THE COMPANY (AND ITS AGENTS AND EMPLOYEES) FROM 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.

9. Use and Storage of Information. You acknowledge that Company may establish general practices and limits concerning use of the Site and/or any Service, including without limitation, the maximum number of days that messages are stored, message board postings, patterns or other uploaded Content will be retained by a Service, the maximum number of messages that may be sent from or received by an account on a Service, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on Company’s servers on your behalf, the maximum number of patterns or projects you may download monthly, and the maximum number of times (and the maximum duration for which) you may access a Service given in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts, patterns, or other Content maintained or transmitted by a Service.

• You acknowledge that Company reserves the right to log off or suspend accounts that are inactive for an extended period of time. There is currently not a limit on the amount of accounts per person with the exception of accounts set up by a user to deceive the public as to the account holder’s identity or accounts set up to deceive the public as to the true identity of the user. Attempting to create deceptive accounts may jeopardize your ability to access the Services, and your original account may be banned and/or closed. All accounts will be reviewed and approved by Company.

10. Indemnity. You agree to indemnify, defend, and hold Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of pattern(s) or Content you submit, post, transmit or otherwise make available through the Service, your use of any Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another user.

11. Termination of Your Account. 

• (a)By Company. You agree that Company may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to any Service indefinitely or for a set period of time. A termination of an account, whether temporarily or permanent, may include limitations to accessing any Service(s). Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that any termination by Company shall be at Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your account, any associated Content, pattern(s) or access to a Service.
• (b)By You.You may terminate your account and delete your account data at any time for any reason by emailing us at support@interweave.com and requesting an account deletion.

12. DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that:

• (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
• (b) Company makes no warranty that (i) a Service will meet your requirements; (ii) a Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of a Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through a Service will meet your expectations; and (v) any errors in the Site, a Service, or any software will be corrected.
• (c) You assume all risk for any damage to your computer system or loss of data that results from using, accessing, or obtaining any content from the Site, including, without limitation, any damages resulting from computer viruses. Any material downloaded or otherwise obtained through the use of a Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• (d) No advice or information, whether oral or written, obtained by you from Company or through or from the service shall create any warranty not expressly stated in these Terms.
• (e) Applicable law may not allow the exclusion of implied warranties so some of or the entire exclusion may not apply to you.

13. LIMITATION OF LIABILITY.

• (a) IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE ANY SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
• (b) IN NO EVENT WILL THE COMPANY’S LIABILITY OR THE LIABILITY OF THE COMPANY’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCTS OR SERVICES THAT GIVE RISE TO THE CLAIM.
• (c) THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

14. Miscellaneous.

• (a) Entire Agreement and Modification. These Terms and any agreements, guidelines, policies, or other documents incorporated by reference herein or applicable to particular Services constitute the entire agreement between you and Company and govern your use of the Services and Content, superseding any prior agreements between you and Company with respect to the Services and Content. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a User unless expressly agreed to in writing signed by Golden Peak Media.
• (b) Intellectual Property.

• i. You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
• ii. You further acknowledge and agree that patterns, content, or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
• iii. Unless you have agreed otherwise in writing with Company, nothing in these Terms gives you a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 
• iv. Without limiting the foregoing, the Interweave logo, and the Interweave+ logo, and any other service marks and other Company logos and product and service names are trademarks of Company. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. 

• (c) Governing Law; Disputes; Consent to Personal Jurisdiction.  These Terms are governed by and will be construed according to New York law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the exclusive jurisdiction of the courts of New York County, New York, and of the federal district court of the Southern District of New York. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of New York or its counterpart state court. The United Nations Convention for the International Sale of Goods shall not be applicable to these Terms. You agree to litigate solely on an individual basis, and that these Terms do not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action. In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.
• (d) Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. If any provision of these 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 shall remain in full force and effect.
• (e) Links/Other Web Sites . The Service, Site, or any Content may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

• (f) No Right of Survivorship and Non-Transferability/Non-assignability. You agree that your account is non-transferable and non-assignable, and any rights to your ID, pattern(s) or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all content and data therein permanently deleted to the extent permitted by applicable law.
• (g) Membership Expiration. Once a membership is terminated or expired, the User acknowledges that it no longer has access to any content including patterns or projects previously downloaded, discussions, forums and the like unless they renew the services. Company has no obligation to store or keep content related to expired or terminated accounts on behalf of the User.
• (h) Assignment by Company. You agree that these Terms and any other agreements referenced herein may be assigned by Company, in Company’s sole discretion, to a third part, without requiring your consent.
• (i) Notice. You shall send any notices required under these Terms by email to support@interweave.com.
• (j) Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Service or these Terms must be filed within 180 days after such claim or cause of action arose or be forever barred.
• (k) Headings. Section headings are included in these Terms for convenience only. They are not to be considered a part of the Terms, and are not intended to be a full and accurate description of the contents hereof.
• (l)Additional Acknowledgments. By using any part of the Site or Services, you acknowledge that: (i) You are entering into these Terms voluntarily and without any duress or undue influence; (ii) You have carefully read these Terms and fully understand their terms, consequences, and binding effect; (iii) You have sought the advice of an attorney of your choice if so desired prior to entering into these Terms; and (iv) You understand that using any part of the Site or Services or by otherwise performing under these Terms, you agree to be bound by them.