Terms of Service

Last Updated: November 24, 2021

Here at Sew Liberated, we want to create products and an online community for sewists and other fiber-enthusiasts. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

These Terms govern your access to and use of the products and services we provide. Please read these Terms carefully before accessing or using our Service, which includes the website at SewLiberated.com and any mobile app we may produce. By accessing or using any part of our Service, you agree to be bound by all of these Term. You also agree that we may automatically change, update, or add on to our Service, and these Terms will apply to any changes.

Who We Are

We are Sew Liberated LLC, a small business registered in North Carolina, USA, by Meg and Patrick McElwee. We started back in 2007 and are so grateful to have found a supportive community. Read more about us on our About page.

Your Account

When using our Service requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy). We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create an account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested, you can opt out of the marketing communications.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

Minimum Age

Our Services are not directed to children. You’re not allowed to access or use our Service if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Service, you represent that you’re at least 13 (or 16 in Europe). You may use our Service only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Service under the supervision of a parent or legal guardian who agrees to the Terms.

Code of Good Community Conduct

We offer several community spaces where we invite fiber-enthusiasts to interact with each other. To ensure that this remains a positive and safe space for all, we ask that you agree to the following community guidelines.

DO:

  • Be brave and try new things! We would love to hear about any steps in your creative journey.
  • Encourage others in their creative endeavors.
  • Comment on others’ posts using body-neutral adjectives such as “vibrant,” “strong,” “playful,” and “fabulous.”
  • Talk about how the process of working with fiber or other creative activity feels helpful, cathartic, and transformative for you.
  • Share relevant posts about sewing, other fiber arts, style, and sustainable fashion.
  • Try to post within a relevant group, forum, or topic.
  • Remember to look past the avatars, usernames, and posts to see that everyone is an important, multi-layered person worthy of respect. We encourage you to see others in this community in the most generous and forgiving light possible. While fiber and art are parts of life and life has its controversies, before engaging in debate, first take the time to introduce yourself and to get to know something significant about the full person on the other side.

DON’T:

  • Do not solicit or sell in this community.
  • Do not share someone else’s posts, profile information, images, or videos from this group in any external forum.
  • Do not post disparaging or bullying comments about any other community members. Though we will attempt other remedies, we reserve the right at all times to remove community access from anyone who is acting to the detriment of others.
  • Please do not share or copy digital products, such as sewing patterns and courses, with others, which denies us the ability to earn revenue for our creative work. If money is an obstacle, please reach out to us.

Thank you for being here and helping to create and sustain this wonderful community.

Payment Terms

We rely on authorized third-party payment processors in order to bill orders through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account.  Sensitive financial details are stored only by our payment providers.

Such third party payment processors are also the ones that process, manage, operate and deliver the payments of your end customers, not Sew Liberated. For more information, please refer to the terms of use of our third party payment processing platform, which may include Stripe or PayPal.  

Accordingly, Sew Liberated shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Refunds

You may cancel your subscription at any time. We aim to make you fully satisfied with your purchase. If you have an issue, please let us know and we will try to make it right. You may request a refund on any sewing pattern within 7 days or course within 14 days.

Subscription Billing Start Date

Your initial subscription billing will start on the date you receive access to the purchased product. This is normally on the same day you make your purchase, or in the case of a pre-launch, it is the day the product is released and you receive access to it. Your card will then be charged on the same day of every month or year that follows, depending on the plan you chose, until you cancel your account.

Automatic Subscription Renewal

To ensure uninterrupted service, BuddyBoss will automatically bill you for your subscription on each renewal period thereafter until cancellation.

Up to Date Payment Details

To avoid any interruption in the service, the User shall maintain up to date credit card details in their account dashboard, accessible at sewliberated.com/my-account/

Billing Questions

For any billing related questions, please contact us.

General Representation and Warranty

You represent and warrant that your use of our Service:

  • Will be in strict accordance with these Terms;
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Sew Liberated or any third party; and
  • Will not disclose the personal information of others.

Intellectual Property

Our Intellectual Property

Our patterns and other material are for personal use only. Unless permission is explicitly granted, no redistribution or commercial use of our patterns or other material is permitted.

These Terms do not transfer any Sew Liberated or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Sew Liberated and you) solely with Sew Liberated. Sew Liberated, the Mindful Wardrobe Project, the Creative Hinterland, Learn to Sew Your Clothes, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Sew Liberated. Other trademarks, service marks, graphics, and logos used in connection with our Service may be the trademarks of other third parties. Using our Service doesn’t grant you any right or license to reproduce or otherwise use any Sew Liberated or third-party trademarks.

Your Submissions

We claim no intellectual property rights over the material you provide to us. Your profile and materials uploaded and provided remain yours.

If, at our request, you send certain specific submissions (for example images of completed projects) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, unless explicitly promised; (2) to pay compensation for any comments; or (3) to respond to any comments.

When accessing or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any content does not violate any laws or intellectual property rights rests solely with you.

You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any content on our Service violates your copyright, please send us a notice.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Account Suspension and Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Terms or any other policy, or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you have a subscription, you can cancel at any time.

Disclaimers

Our Services are provided “as is.” Sew Liberated and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sew Liberated, nor its suppliers and licensors, makes any warranty that our Services or products will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Limitation of Liability

In no event shall Sew Liberated LLC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including losses, costs or expenses of any kind resulting from your use of the Service resulting from any: (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Sew Liberated shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Limitation of Damages

To the maximum extent permitted by law, User agrees to limit Sew Liberated’s liability in respect of any one incident, or series of connected incidents, to the sum of direct damages award of $1,000.00 USD or the amount that the User has paid to Sew Liberated during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pleaded or asserted. 

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Sew Liberated, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your content caused damage to a third party; (v) any third party claim arising out of or in relation to Sew Liberated or our Services, including without limitation, any claim that Sew Liberated or the services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

This defense and indemnification obligation will survive these terms of service and your use of the Service.

Amicable Resolution

Before filing any claim against us, you agree to solve the dispute amicably by first emailing support@sewliberated.com. If we cannot resolve the dispute informally via email, phone or other methods, within sixty (60) days of receipt of your first email, you or Sew Liberated may then bring a formal proceeding.

Force Majeure

Sew Liberated is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Sew Liberated’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties. 

Assignment

These Terms will insure to the benefit of any successors of the parties.  We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  We reserve the right, at any time, to transfer some or all of Sew Liberated’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Privacy

By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  Using Sew Liberated means that you accept our Privacy Policy, regardless of whether you are a registered user or not.

Miscellaneous

The Terms constitute the entire agreement between Sew Liberated and you concerning our Services. If any part of the Terms is unlawful, void, or unenforceable, that part is severable from the Terms , and does not affect the validity or enforceability of the rest of the Terms. A waiver by either party of any term or condition of the Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Sew Liberated may assign its rights under the Terms without condition. You may only assign your rights under the Terms with our prior written consent.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Chapel Hill, North Carolina, United States.

Governing Language

From time to time, these Terms may be translated into other languages for your convenience.  The English language version of each of these documents shall be the version that prevails and governs your use of our websites and our Services.  Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they are offered. The Terms may be modified when we post a revised version here, with an updated “Last Updated” date. While we will attempt to let you know when there are changes, it is your responsibility to monitor these Terms for change.

Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

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