Terms of Use

These terms of use are entered into by and between you (“You” or “Your”) and Simplicity Patterns Inc. or its subsidiaries, including any Simplicity brand(s) you may interact with including Simplicity, McCalls, Butterick, Vogue Patterns, Know Me, NewLook, and Burda (“Simplicity,” “we,” “us,” “our”). The following terms and conditions (collectively, “Terms of Use” or “Terms”), govern your access to and use of www.Simplicity.com (the “website” or “Site”), including any content, functionality, and services offered on or through the website (collectively the “Service”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you use the website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT SIMPLICITY.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE. THESE TERMS INCLUDE A WAIVER TO THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using the Service, You agree to transact electronically through the Site. You agree that Your electronic signature is the legal equivalent of Your manual signature. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes Your signature as if actually signed by You in writing. You also agree that no certification authority or other third party verification is necessary to validate Your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of Your electronic signature.

By using the Service, You expressly agree to Simplicity’s use of third-party service providers to collect and use information related to Your use of the Services, including the collection and use of click-stream data, video watching history, and similar types of use and navigation interactions You have on the Site or use of the Service. By providing Your telephone number, You are providing express written consent to receive communications from Simplicity, (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose, including but not limited to marketing various services from both Simplicity and companies Simplicity has joint marketing agreements with. Additionally, You agree to receive communications from Simplicity regarding Your any service, and any information You may have obtained via Your use of a website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means, regardless of whether Your phone number is registered on a state or federal Do Not Call list. You agree that Simplicity is not responsible for any charges to You regarding these communications. Standard voice and data rates may apply. Further, You understand that You do not need to provide this consent to call as a condition to receive any good or service, in which case You will not provide Your phone number.

 

Our Proprietary Rights

As between Simplicity and You, and subject to Your right, title and interest in data You submit through this Service or otherwise provide or submit to Simplicity, Simplicity owns all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, Simplicity reserves all rights, title and interest in and to the Service, including all related intellectual property rights subsisting therein. we grant no rights to You hereunder other than as expressly set forth herein. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Simplicity and to comply with all reasonable written requests made by Simplicity or its third party licensors to protect their and others' rights in the Site and materials and content made available on or through the Service.  

SIMPLICITY, MCCALLS, BUTTERICK and our other brands, trademarks, and service marks that appear on the Site are the property of Simplicity or our affiliates. Simplicity's trademarks and trade dress may not be used in any form without the prior written consent of Simplicity, and any use shall be subject to Simplicity's then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by Simplicity that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Simplicity.  

 

Terms Applicable to Purchases on the Site

General

Prior to the purchase of any goods or services on our Site, unless You pay through an alternative payment method that we accept on the Site, You must provide a valid credit card number and associated payment information, including all of the following: (i) Your name as it appears on the credit card; (ii) Your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge Your credit card. By submitting that information to us, You hereby agree that You authorize us to charge Your card at our convenience but within thirty (30) days of credit card authorization. For each purchase made on the Site, You agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service You select) as of the time You submitted the order. We or our payment processer will automatically bill Your credit card or other form of payment submitted as part of the order process for such price.

 

Methods of Payment, Credit Card Terms and Taxes

All payments must be made by Visa, MasterCard, Discover, American Express, or PayPal. we currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this through the acceptance of additional forms of payment on our checkout functionality on the Site. You agree that You will not use any credit card or other form of payment unless You have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify Simplicity of any discrepancies within forty-five (45) days after they first appear on Your credit card statement, You agree that they will be deemed accepted by You for all purposes. If Simplicity does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by Simplicity or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on Your purchases, including sales, use or value-added taxes.

 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of an offer from us. Simplicity reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Your order will be deemed accepted by Simplicity upon our delivery of products or services that You have ordered. we may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if we cancel all or a portion of Your order or if we provide You less than the quantity You ordered, Your sole and exclusive remedy is either that: (a) we will issue a credit to Your credit card account in the amount charged for the cancelled portion or the quantity not provided (if Your credit card has already been charged for the order); or (b) we will not charge Your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order You have placed with Simplicity has been effected until You receive a confirmation from Simplicity via email or the Site. As stated above, You will be responsible for, and Your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before Your cancellation/change request or a request to terminate Your credit card account was received.

 

No Responsibility to Sell Mispriced Products or Services

We do our best to describe every item, product or service offered on the Site as accurately as possible. However, we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Simplicity shall have the right to refuse or cancel any orders in its sole discretion. If we charged Your credit card prior to cancellation, we will issue a credit to Your account in the amount of the charge. If a product You purchased from us is not as described, Your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

If we charged Your credit card prior to cancellation, we will issue a credit to Your account in the amount of the charge. If a product You purchased from us is not as described, Your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

 

Modifications to Prices or Billing Terms

The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. SIMPLICITY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.

 

Restrictions on Use

Except as otherwise expressly provided in these Terms or on the Site, You may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any patterns, designs, fonts, layouts or digital assets (including without limitation downloadable PDF sewing patterns) provided through the Site, or any portion thereof from or linked to the Service, except with the express written consent of Simplicity or its third party licensors. If You purchase a downloadable PDF sewing patten from the Website, You are licensed to download and print the PDF for Your personal use but you are not permitted to reproduce, distribute or publicly display the PDF, the contents thereof, or printed copies thereof.

In addition, You agree not to:

• Use or access the Site for any purpose that is unlawful or prohibited by the Terms or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third-party privacy rights;

• Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;

• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simplicity without express written consent;

• Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Simplicity or any of our third party licensors without the express written consent of Simplicity;

• Use or access the Site in a manner that could damage, disable, overburden, or impair any Simplicity server or the networks connected to any Simplicity server;

• Interfere with any third party's use and enjoyment of the Service;

• Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Simplicity server through hacking, password mining, or any other means;

• Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); or

• Access the Service in order to build a competitive product or service, or copy any features, functions, or graphics of the Services.

 

Your Account and Responsibilities

You shall: (i) comply with all applicable laws (including but not limited to export laws) in using the Service; and (ii) use the Service solely in accordance with any online user guides or instructions made available on or through the Site. You shall not disclose or share any ID(s) and password(s) used to access this Service. You are responsible for all activity that occurs under Your ID(s) and password(s). You agree to notify Simplicity in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.

 

User Content

As used herein, “User Content” means any content, data, or materials submitted, posted, or uploaded by users to the Site. You are solely responsible for any User Content that You submit, post, or upload to the Site. You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish User Content and that Simplicity’s use of Your User Content as contemplated by these Terms will not infringe or violate the rights of any third party. By submitting, posting, or uploading User Content, You grant Simplicity a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You agree not to submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable, or that infringes upon any intellectual property rights of others.

 

Documents; Your Instructions and Requests

You may be able to use certain parts of the Service to create, store, or access documents, reviews, and other materials (“Materials”). You acknowledge and agree that when the Terms terminates in accordance with these Terms Your access to such Materials through the Service may terminate, and that following such expiration or termination Materials may be archived or deleted from the Service in accordance with our applicable records retention policy(ies). We do not guarantee the availability of Materials or any other content or materials on the Service, and You acknowledge and agree that Materials stored on or through this Site may be archived or deleted periodically in accordance our applicable record retention policy(ies). However, we may make available features on the Service to allow You to download certain Materials to Your own computers or servers in accordance with these Terms of Use.

 

Force Majeure

Simplicity shall not be liable for any failure or delay in performance under these Terms for causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, floods, earthquakes, riots, wars, sabotage, embargoes, epidemics, pandemics, labor disputes, governmental restrictions, or interruptions in telecommunications or internet services (“Force Majeure”). Simplicity will use commercially reasonable efforts to mitigate the effect of a Force Majeure event. The time for performance of any such obligation shall be extended for a period equal to the duration of the Force Majeure event that occasioned the delay.

You agree that if You use the Site to give instructions to Simplicity or to request a service or document, Simplicity shall not be deemed to have accepted such instructions or to have processed such requests until Simplicity communicates acceptance to You.

You agree that if You use the Site to give instructions to Simplicity or to request a service or document, Simplicity shall not be deemed to have accepted such instructions or to have processed such requests until Simplicity communicates acceptance to You.

 

Links And Third Party Content

As used herein, “Third Party Content” means certain third-party analysis, content, tools, features, materials, websites, services or advertisements which Simplicity makes available on or through this Service, or to which Simplicity links on any Site. Third Party Content is not maintained or controlled by Simplicity, and as a matter of policy, Simplicity does not independently verify, prescreen or monitor any such Third Party Content. We are not responsible for the availability, content, completeness, adequacy, utility or accuracy of any Third Party Content. Simplicity does not make any endorsement, express or implied, of any Third Party Content.

Certain Third Party Content is subject to additional specific terms and conditions which can be found in applicable areas of the Site and websites linked to this Site. You acknowledge and agree that Your use of such Third Party Content is subject to all relevant additional terms.

Service features that interoperate with Third Party Content depend on the continuing availability of such third-party services and materials for use with the Service. If the third-party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Service features.

 

Disclaimers and Limits of Liability

The information contained on the Site and provided in connection with the Service is general and is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Simplicity cannot provide any assurance that any products that can be obtained via the Service are suitable for a particular purpose.

THE SERVICE AND THE INFORMATION AND DATA ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SIMPLICITY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. IN NO EVENT SHALL SIMPLICITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE OR PRODUCT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to You.

 

Indemnification

You shall defend us against any claim made or brought against us by a third party alleging that Your use of the Services in violation of these Terms, or the data or information You submit through the Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and You shall indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by, us in connection with any such claim You may not settle any claim unless we have approved of the settlement in advance and the settlement unconditionally releases us of all liability.

 

Changes to Terms

Simplicity reserves the right to make changes, modifications, amendments, and/or updates to the Service and these Terms. When these changes are made, we will make an updated copy of the Terms available on the Site. Changes to the Terms shall be effective when posted. You understand and agree that continued use of the Site after the Terms have changed will be treated as Your acceptance of the updated Terms.

 

Term and Termination

This Terms commences on the date You accept it and continues until terminated in accordance with this paragraph. You may terminate Your use of the Service without cause at any time upon written notice to us. We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to You or (b) upon termination of Your relationship with Simplicity for any reason. Any provisions of these Terms which, by their nature, should survive, shall survive termination of these Terms. We shall have no obligation to maintain or provide You a copy of any of Your data in the Service following termination or expiration of these Terms, unless otherwise specified in other applicable agreement between You and Simplicity, or unless legally required to be retained. UPON TERMINATION, YOUR ACCESS TO OR USE OF MATERIALS STORED IN THE SERVICE WILL NOT BE ACCESSIBLE THROUGH THE SERVICE.

 

Sanctions and Export Controls

Services are not available through Simplicity to any Restricted Entity (as defined below). You represent and warrant that neither You nor Your organization is a Restricted Entity nor are You or Your organization using the Services on behalf of or for the benefit of a Restricted Entity. “Restricted Entity” shall mean any individual or organization owned or controlled by, or acting as an agent for, any person or entity with whom a U.S. citizen, national, or company organized under the laws of or operating in the U.S. is prohibited from engaging in transactions by U.S. laws, including without limitation, a person on the Specially Designated Nationals List published by the U.S. Department of the Treasury's Office of Foreign Assets Control.

 

Governing Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of New York although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Agent For Notice Of Claimed Copyright Infringement

Simplicity respects the intellectual property rights of authors. To assist copyright owners, Simplicity has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Site. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address: DMCA@haynesboone.com

 

Injunctive Relief

Both You and Simplicity agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service by us or by our third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to Simplicity or its licensors that may not be adequately compensable in money damages, and for which Simplicity will have no adequate remedy at law. You, therefore, consent and agree that Simplicity may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Terms without the necessity of proving the inadequacy of money damages as a remedy and without bond or other security being required.

 

Class Action Waiver

YOU AND SIMPLICITY EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIMS RELATED TO THE SERVICE. ALL CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Miscellaneous

We may assign our rights and obligations under this Terms, without notice, to: (a) any affiliate of Simplicity; or (b) any party acquiring all or substantially all of the assets or stock by merger or otherwise of Simplicity which relate to the Service. These Terms may not be assigned by You without our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Questions or comments regarding the Service or the Terms should be directed to Simplicity using the contact form available from the “Contact Us” link below or write to us at:

Simplicity Patterns, Inc.
156 West 56th Street, Suite 1802
New York, NY 10019
legal@simplicity.com