Terms of Service

Terms of Service.

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, adult material, or otherwise in violation of any International or Canadian Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement and/or the forum rules.

Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser’s cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.

By submitting Content to My Simple Knitting for inclusion on its Website, you grant My Simple Knitting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting site. If you delete Content, My Simple Knitting will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, My Simple Knitting has the right (though not the obligation) to, in My Simple Knitting’s sole discretion (i) refuse or remove any content that, in My Simple Knitting’s reasonable opinion, violates any My Simple Knitting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in My Simple Knitting’s sole discretion. My Simple Knitting will have no obligation to provide a refund of any amounts previously paid.

  1. Responsibility of Website Visitors. My Simple Knitting has not reviewed, and cannot review, all of the material, including but not limited to member supplied content, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, My Simple Knitting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. My Simple Knitting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mysimpleknitting.com links, and that link to mysimpleknitting.com. My Simple Knitting does not have any control over those non-My Simple Knitting websites and webpages, and is not responsible for their contents or their use. By linking to a non-My Simple Knitting website or webpage, My Simple Knitting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. My Simple Knitting disclaims any responsibility for any harm resulting from your use of non-My Simple Knitting websites and webpages.
  3. Copyright Infringement and DMCA Policy. As My Simple Knitting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mysimpleknitting.com violates your copyright, you are encouraged to notify My Simple Knitting in accordance with My Simple Knitting’s Digital Millennium Copyright Act (“DMCA”) Policy. My Simple Knitting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. My Simple Knitting will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of My Simple Knitting or others. In the case of such termination, My Simple Knitting will have no obligation to provide a refund of any amounts previously paid to My Simple Knitting.
  4. Intellectual Property. This Agreement does not transfer from My Simple Knitting to you any My Simple Knitting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with My Simple Knitting. My Simple Knitting, mysimpleknitting.com, the mysimpleknitting.com logo, and all other trademarks, service marks, graphics and logos used in connection with mysimpleknitting.com, or the Website are trademarks or registered trademarks of My Simple Knitting or My Simple Knitting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any My Simple Knitting or third-party trademarks, images, or content.
  5. Advertisements. My Simple Knitting reserves the right to display advertisements unless you have purchased an ad-free account.
  6. Attribution. My Simple Knitting reserves the right to display attribution links such as ‘mysimpleknitting.com,’ in content.
  7. Gallery Images.

Purpose and Motives

The purpose of mysimpleknitting.com and its image gallery is primarily educational. Image uploading is allowed and encouraged if the user’s motives are in accord with this purpose. Acceptable uses of the image uploader include:

  • To illustrate questions and answers
  • To share your work
  • To request critique
  • To teach a technique or principle.

Since My Simple Knitting is a family-friendly site, we reserve the right to reject unsuitable or pornographic images. Unsuitable images for this family friendly site include most nude photos as well as photos of a sexually suggestive or overly violent content.

Public Viewing & Granting of Limited Rights

Be aware that your photo will be displayed to the public. Your image may be included in the My Simple Knitting Community forum, in the Gallery, or in other areas of the Web site.

By uploading, you are allowing My Simple Knitting to publish the photo on our Web site or in other electronic promotional materials. If we ever consider publishing your photo in any print media, we will contact you first for permission.

Public Critique

Once posted, the image will be open to public comment and critique. To more easily follow any discussion of your photo, you will be given an opportunity to receive email notifications when a visitor comments on it.

Most comments at My Simple Knitting tend to be constructive and motivated by an honest desire to help the photographer become a better photographer. All the same, My Simple Knitting is not to be held responsible for negative comments – whether deemed constructive or abusive.

IMPORTANT: My Simple Knitting is a supportive environment. Our standards include kindness. No member is allowed to make abusive, angry, harmful, or ill-natured comments, either to another member or to My Simple Knitting staff. If a member makes public, derogatory, non-constructive/complaining, or simply mean comments, the member may have membership suspended or revoked. If membership is revoked, any fees paid for membership will be forfeited by member. Be nice. Do not make mean comments, just because electronic communication tends to make such mean communication easy. If you have a grievance against another member or My Simple Knitting, email the other party privately.

Copyright

Copyright of the image remains the property of the photographer. For benefit of Uploader My Simple Knitting suggests the Uploaded image should include their name and copyright symbol.

Entries must be submitted by the original photographer. Do not submit a photo taken by someone other than yourself. You must be the sole owner of the copyright of any image submitted. Your submission of the photo and entry form is your guarantee that you are the author and copyright holder of the photo.

Members agree to hold harmless and release mysimpleknitting.com, its staff, officers, agents, Instructors and affiliated entities from loss, claim, injury, damage or expense, including, but not limited to reasonable attorney’s fees and costs, which are in any way connected or associated with the uploading of any photo to mysimpleknitting.com.

Model and Property Release

Uploader acknowledges that they have sufficient written permission of any recognizable locations or people appearing in the photograph to be able to grant to My Simple Knitting.com the right to publish their photographic submission online, and hereby grant to mysimpleknitting.com such right.

General

Actions Detrimental to My Simple Knitting.com – How to avoid having your photos, galleries, or discussions removed from My Simple Knitting

Actions that discriminate against My Simple Knitting, encourage viewers or members to avoid or leave the site, are prohibited, as they are detrimental to the support of members and the health of mysimpleknitting.com. Helpful, encouraging, or instructional discussions help My Simple Knitting support visitors and members alike. Linking practices which circumvent or avoid promoting My Simple Knitting, or lead viewers away from My Simple Knitting, are unfair to members who support our services and may provide a poor experience for both members and non-members. Photo information, descriptions, bios, and discussions must provide an enjoyable and safe experience for visitors, members, and mysimpleknitting.com.

Violations of these policies may result in a range of actions, including:

  • Removal of photos, descriptions, or discussions.
  • Removal of photo gallery.
  • Limits on Membership privileges.
  • Membership suspension.

When policy violations occur, My Simple Knitting may or may not email the Member informing him or her that a photo, gallery, discussion, or membership has been removed.

If a My Simple Knitting member willingly closes his account or has membership revoked, My Simple Knitting is under no obligation to remove photos. The departing member can remove photos but if some cannot be deleted the My Simple Knitting member agrees to allow those photos to continue being published at My Simple Knitting.

mysimpleknitting.com does not monitor photos and discussions and other content, excluding reviewing reports of policy violations from its members. Your participation and vigilance as part of the mysimpleknitting.com community is invaluable in helping to help keep My Simple Knitting a family friendly and productive web site.

  1. Changes. My Simple Knitting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. My Simple Knitting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  2. Termination. My Simple Knitting may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mysimpleknitting.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by My Simple Knitting if you materially breach this Agreement and fail to cure such breach within thirty (30) days from My Simple Knitting’s notice to you thereof; provided that, My Simple Knitting can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  3. Disclaimer of Warranties. The Website is provided “as is”. My Simple Knitting 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 My Simple Knitting nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
  4. Limitation of Liability. In no event will My Simple Knitting, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to My Simple Knitting under this agreement during the twelve (12) month period prior to the cause of action. My Simple Knitting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  5. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the My Simple Knitting Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  6. Indemnification. You agree to indemnify and hold harmless My Simple Knitting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  7. Miscellaneous. This Agreement constitutes the entire agreement between My Simple Knitting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of My Simple Knitting, or by the posting by My Simple Knitting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Vancouver, BC,. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration laws of British Columbia, Canada. The arbitration shall take place in Vancouver, BC, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; My Simple Knitting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

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