User Licence Agreement for the digital platform www.thepatternagency.se and www.thepatternagency.com
Applicable from February 2024
This agreement applies to any registered company purchasing digital pattern through The Pattern Agency platform, owned and registered by Design for Digital AB, business license no. SE559359-4327 and address Lilla Kyrkogatan 20, 503 35 Borås, Sweden.
By ticking the box “I approve the license agreement” when registering, you are entering the below agreement stating the terms of using the service The Pattern Agency, referred to as “TPA”, “us”, “our” and “ours” in the below document.
The term “the Buyer” refers to the registered customer on the website www.thepatternagency.se or www.thepatternageny.com. TPA is a service offered solely to legal entities and organisations and international equivalents, so called business to business, B2B. Once the Buyer enters this agreement on behalf of an organisation, the Buyer represents and warrants the authority to bind such organisation.
Should the Buyer sell their company, the Buyer is obliged to ensure that the new owner follows the approved user terms and conditions, i.e a new owner has the same rights and obligations as the original Buyer.
1. USE OF THE SERVICE TPA
TPA is a B2B service that enables and facilitates purchases of digital pattern and print files by Scandinavian designers through download.
By agreeing to these terms, TPA offers the Buyer usage of the service to the, by the Buyer required extent. The registered user data is non-transferable to another party or user and belongs solely to the registered company and its representatives.
By agreeing to these terms, the Buyer is bound to not use the service or its content in an unethical, misleading manner or to commit fraud or any other criminal actions.
TPA has final right of decision to deem if the Buyer for politic, religious of other reason should not be allowed access to the service.
TPA reserves the right to make changes to these terms at any point and/or improvements of the service and its content.
Violation of the terms leads to immediate suspension from the site and service and can lead to legal action by TPA.
2. PURCHASE
Once a purchase has been completed and the payment registered, the file is ready for download. The purchase gives the Buyer an exclusive license to the pattern and the Buyer can use the pattern freely during a period of 3 (three) years. The pattern is automatically removed from the site once the file has been downloaded. At the end of the agreed period, the license is returned in full to the designer. Please note that the copyright remains with the designer at all time.
By agreeing to the terms, the Buyer accepts the obligation to use the designers name in conjunction to the bought pattern or print as demanded by statutory right.
In the cases where it clearly states that the designer does NOT wish to be named, the Buyer has no right to use the designers name in any way without consent.
The designer has committed through separate agreement with TPA to license the copyright to the Buyer after completed purchase.
3. DELIVERY
The pattern is delivered through direct download. All files are delivered in .ai (Adobe Illustrator) i.e. vectorized file, .psd (Adobe Photoshop) i.e. pixel based file or in a design brief specified file format.
4. PRICING & PAYMENT
All prices listed on the website are in SEK and exclusive of VAT. Swedish VAT is added with 25%.
All card payments are handled securely by our certified partner Stripe.
5. RETURNS POLICY
TPA does not offer returns on purchases through download. If the file should appear faulty or corrupt, contact TPA customer services immediately. The file requires a vector- or pixel-based software in order to function and be edited. TPA cannot be held responsible if the Buyer lacks correct software in order to use the file.
6. TECHNICAL CODE OF CONDUCT
By agreeing to the terms, the Buyer commits to not:
- Use any device, robot, spider, other automatic software or device, or any manual process, to interfere or attempt to interfere with the proper working of the site, or to monitor use of the site.
- Take any action that imposes an unreasonable or disproportionately large load on the site infrastructure.
- Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the technology.
- Use any network monitoring or discovery software to determine the sites architecture, or extract information about usage, individual identities or users.
7. DISCLAIMER
The site and service is provided “as is”, without warranty regarding content and the Buyer’s end use and the Buyer’s purpose with usage of the service. Use of the site is entirely at own risk.
8. LIMITATIONS TO LIABILITY
TPA will not be liable in any manner whatsoever for any consequences of any delay or interruption in the delivery or updating of the site. Furthermore, TPA shall not liable for any failure or delay in performing its obligations as a result of an event outside of the reasonable control of TPA (a Force Majeure Event).
9. UPDATES TO THE AGREEMENT
TPA reserves the right to update the terms of this agreement at any given moment. Any changes are effective 30 days after upon posting to the site or immediately upon distribution to the Buyer via e-mail.
The Buyer’s continued use of the Services following the effective date of notice of any update(s) to these terms shall be deemed an acceptance of all such changes.
10. GENERAL PROVISIONS
The interpretation and enforcement of this Agreement shall be governed by Swedish law. By agreeing to these term the Buyer agrees that any claim or dispute against TPA must be resolved by a court located in Sweden.
11. PRIVACY POLICY AND GDPR (EU-countries)
TPA handles company information with great care and according to the EU legislation GDPR (General Data Protection Regulation). As a user of of the Service you can request that all data stored about your company is released or deleted. Our Privacy Policy is part of our Terms of Service.
12. COPYRIGHT INFRINGEMENT
In the case of copyright infringement of the work sold through the service, Swedish law will be applied.
13. OWNERSHIP
The site, its function, the service, content and physical appearance are protected by copyright and trade marked according to Swedish and international law. By approving the terms and conditions the Buyer accepts that the site, its function, the service, content and physical appearance is the sole property of TPA. The Buyer is not allowed to remove or otherwise hide copyrighted material and content on the site, its function, the service, content and physical appearance.
14. CONTACT
Feedback, comments, requests or other type of communication should be made by e-mail to [email protected].
