TERMS OF SERVICE
Date of Last Revision: March 7, 2023
Welcome to The Pattern!
Hey Pattern Community! Welcome to our Terms of Service. The following Terms of Service serve as a contract between you and Pattern Home, Inc. Our lawyers tell us these are important so please read them carefully (after all, you will be legally bound by them while using The Pattern).
IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME SUBSCRIPTION PERIOD/TERMS AS ORIGINALLY PURCHASED. TO AVOID ANY FUTURE UNWANTED CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE EXPIRATION OF ANY FREE TRIAL PERIOD, SUBSCRIPTION PERIOD, OR RENEWAL PURSUANT TO THE TERMS AND CONDITIONS OF THIS SERVICE AND ANY THIRD-PARTY PAYMENT PLATFORMS SUCH AS ITUNES OR GOOGLE PLAY. PLEASE NOTE THAT DELETING YOUR ACCOUNT AND/OR MOBILE APPLICATION FROM YOUR DEVICE DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION. PATTERN HOME, INC. IS NOT RESPONSIBLE FOR THE CANCELATION OF ANY PURCHASES.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE PATTERN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY) ON AN INDIVIDUAL BASIS.
Pattern Home, Inc. (“The Pattern,” “we,” “us,” “our”) provides its services (described below) to you through its website located at thepattern.com and through its mobile application (the “Application”) and related services (collectively, such services, including any new features and applications, and the Application, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services’ user interface, push notification and/or alert, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service
Services Description: The Service is designed to create informational readings or profiles about you or other users, how two users interact, and what is happening to you and other users based on astrological positions. Digital Audio files are available for downloading and listening and may specifically be referred to as audio readings and/or Podcasts. In addition, The Pattern: Connect dating feature utilizes a unique methodology to allow users make the most authentic and compatible connections.
Your Use: The Service is intended to provide helpful, educational, and informative material related to astrology and personal relationships for your entertainment only. It is provided with the understanding that The Pattern does not render psychological, health, or any other kind of personal professional services in connection with the Service. If you require personal psychological, health, or other assistance or advice, please consult a competent, licensed professional. The Services may suggest that you connect with another User that has received readings similar to your own. The Pattern specifically disclaims all responsibility for any liability, loss or risk that is incurred as a consequence, directly or indirectly, of the use of the Service, including any actions you take or refrain from taking as a result of readings you receive through the Service and the actions of any users you connect with through the Service. The Pattern further disclaims any legal liability for the reliability of any features related to the Service. You hereby agree to assume full responsibility for any actions you take based on or related to your use of the Service.
Chat Feature: The Pattern is committed to providing a safe place for community members to freely and openly share their personal feelings and experiences on its Service without harassment from fake or spam accounts. To ensure this commitment is maintained, members must add a mobile telephone number in their Settings tab.
Additional Terms of Service for Connect: In addition to the above-described general registration obligations, the following additional obligations apply to The Pattern: Connect dating feature within the Service: (1) you must have an active account with The Pattern; (2) you must be 18 years of age or older; (3) you must select at least one Connect prompt; (4) you must select the gender with which you identify; (5) you must select your gender preference; (6) you must upload a photo showing your face; and (7) you must have your location services turned on.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify The Pattern of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Pattern will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: The Pattern reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Pattern will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that The Pattern may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on The Pattern’s servers on your behalf. You agree that The Pattern has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that The Pattern reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Pattern reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Additional Terms of Service for Podcasts/digital Audio files: The Audio files contain a variety of: materials and other items relating to The Pattern and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the compilation, assembly, and arrangement of the materials of the Audio and any and all copyrightable material (including source and object code). NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. COMPANY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE DIGITAL AUDIO FILES. You understand that by using and accessing the Audio, you may encounter Content that you may deem to be offensive or objectionable, and that such Content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Audio at your sole risk and Company shall have no liability to you for material that may be found to be offensive or objectionable.
The Audio (including past, present, and future versions) and the Services are owned or controlled by The Pattern, our licensors and/or certain other third parties. All right, title, and interest in and to the content available via the Audio is the property of The Pattern or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Pattern owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Audio.
Subject to your strict compliance with these Terms of Service, The Pattern grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, and play the Audio (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Audio, and (ii) may be immediately suspended or terminated for any reason, in The Pattern's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of the Audio, subject to certain Additional Terms.
When using the Audio, you must respect the intellectual property and other rights of The Pattern and others. Your unauthorized use of Audio may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Application from a mobile device, (iii) the ability to access certain features through the Application (collectively, the “Mobile Services”), and (iv) the ability to download content from the Service. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding The Pattern and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Services account information to ensure that your messages are not sent to the person that acquires your old number.
Purchases: The Pattern may offer products and services for purchase in exchange for a subscription or other fee (“subscription” or “in-app purchase”) through iTunes, Google Play, or other third-party payment platforms (collectively “External Party Store”) authorized by the Service. If you choose to make a subscription or in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as iTunes or Google Play) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize The Pattern or the third party account, as applicable, to charge you. By making a subscription or in-app purchase from The Pattern, you acknowledge and agree that additional terms and conditions may apply to your use, access, and purchase of said subscription and in-app purchase, and such additional terms and conditions are incorporated by reference herein. The Pattern is not responsible and shares no liability for any payment processing errors that may occur when using an External Party Store to make any subscription or in-app purchase. We recommend you review the terms and conditions of any External Party Store before making a subscription or in-app purchase. Moreover, for any subscription or in-app purchase, you will be billed in the manner selected by you without interruption until you cancel the subscription or in-app purchase pursuant to the terms and conditions of the External Party Store. Please note that features and content are offered for free in limited quantities so you may access and experience the offer before making any purchases. The Pattern recommends making purchases responsibly and thoughtfully.
Please note that the Service may be used without a subscription, thus canceling or terminating your subscription does not delete your account or profile from The Pattern. You must delete or terminate your account according to the procedures set forth in the Application. Moreover, The Pattern reserves the right to suspend or terminate any account WITHOUT providing a refund for any subscription or in-app purchase for violating these Terms of Service, including our Community Guidelines.
Automatic Renewal: If you purchase a subscription, your subscription will automatically renew for the same subscription period/terms as originally purchased. To avoid any future unwanted charges, you must cancel your subscription before the expiration of any free trial period, subscription period, or renewal pursuant to the terms and conditions of this Service and any third-party payment platforms such as Apple iTunes or Google Play. Please note that deleting your account and/or mobile application from your device does not automatically cancel your subscription. Any purchases made through the App Store must be canceled and/or refunded by Apple.
Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using iTunes or Google Play, refunds are handled by Apple and Google respectively, not The Pattern. If you wish to request a refund, please visit the refunds information detailed below. Pursuant to Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing to Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by phone at (800) 952-5210.
Refunds: Depending on your device type, you will have made a purchase with either the App Store (iOS) or the Play Store (Android). The Pattern does not handle these payments or refunds directly, you must contact the Store where the purchase was made to request a refund or seek any payment related assistance. Your purchase will indicate that it was made for “The Pattern” app on your credit card statement.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following terms may apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of The Pattern) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
For subscribers residing in the European Union or European Economic Area: In accordance with local law, you are entitled to a full refund within the 14 days after the subscription commences. The 14-day cancellation period starts when the subscription begins.
The Pattern Team has carefully provided free access to certain features for users to assist with the decision to make a satisfactory purchase. However, if you are unsatisfied or made a purchase in error, follow the instructions below to request a refund:
Play Store / Android device users:
App Store / iOS device users:
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish, share, or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by The Pattern. The Pattern reserves the right to investigate and take appropriate legal action against anyone who, in The Pattern’s sole discretion, violates this provision or any other provision contained in these Terms of Service or any corresponding Rules and Regulations published by this Service, including without limitation: (1) removing the offending content from the Service; (2) blocking certain IP Addresses; (3) suspending or terminating the account of such violators; and (4) reporting violators to the appropriate law enforcement authorities. Please note, all such action may be done without prior notice to the offending party/user. You agree not to use the Service to email or otherwise upload any content that:
infringes any intellectual property or other proprietary rights of any party;
you do not have a right to upload under any law or under contractual or fiduciary relationships;
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;
poses or creates a privacy or security risk to any person;
constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
in the sole judgment of The Pattern, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Pattern or its users to any harm or liability of any type;
interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violates any applicable local, state, national or international law, or any regulations having the force of law;
impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicits personal information from anyone under the age of 18;
harvests or collects email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized;
furthers or promotes any criminal activity or enterprise or provide instructional information about illegal activities;
creates new accounts after being removed from the service without express permission from The Pattern;
obtains or attempts to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
violates our Community Guidelines; or
is abusive, harassing, threatening, or otherwise inappropriate when communicating The Pattern’s customer support teams.
A note about our User Conduct: we ask that Users treat everyone with respect, honesty, and kindness to promote a safe space for sharing personal stories and experiences.
For additional rules and regulations relating to User Conduct, please visit our Community Guidelines located on our FAQ section of our website: thepattern.com.
The Pattern has a zero-tolerance policy regarding inappropriate User Conduct and will take the necessary steps to aggressively enforce that policy.
No Criminal Background or Identity Verification Checks: The Pattern does not conduct criminal background or identity verification checks on users of this Service. Please use common sense and sound judgment when communicating with others on this Service. For more information, please review our Online Safety FAQ.
YOU UNDERSTAND THAT THE PATTERN DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON USERS OF THIS SERVICE OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE PATTERN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS.
HOWEVER, THE PATTERN RESERVES THE RIGHT TO CONDUCT, AND YOU AUTHORIZE THE PATTERN TO CONDUCT, ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AS IT DEEMS NECESSARY, (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS ON THIS SERVICE. SEX OFFENDER REGISTRATION SCREENINGS AND OTHER SIMILAR TOOLS DO NOT GUARANTEE YOUR SAFETY ON THIS SERVICE AND ARE NOT A SUBSTITUTE FOR FOLLOWING COMMON SENSE SAFETY PRECAUTIONS AND OTHER REASONABLE SAFETY MEASURES. YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE ONLINE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY THE PATTERN, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING HARASSMENT, BULLYING, FRAUD, ABUSE, OR OTHER SIMILAR INAPPROPRIATE BEHAVIORS.
Although The Pattern strives to encourage and provide a respectful user experience, it is not responsible or liable in any way for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate outside of the Service or meet in person.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Third-Party Distribution Channels
The Pattern offers Software applications that may be made available through the Apple App Store, Android Play Store, or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and The Pattern only, and not with the Distribution Channel. To the extent that you utilize any other third-party products or services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products or services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
The Pattern and you acknowledge that these Terms of Service are concluded between The Pattern and you only, and not with Apple, Inc. (“Apple”), and that as between The Pattern and Apple, The Pattern, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be The Pattern’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
The Pattern and you acknowledge that The Pattern, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between The Pattern and Apple, The Pattern, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to The Pattern as follows: firstname.lastname@example.org
The Pattern and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Pattern, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Pattern from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of The Pattern, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Pattern.
The Pattern name and logos are trademarks and service marks of The Pattern (collectively the “The Pattern Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Pattern. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Pattern Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Pattern Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will The Pattern be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that The Pattern does not pre-screen content, but that The Pattern and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, The Pattern and its designees will have the right to remove any content that violates these Terms of Service or is deemed by The Pattern, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant The Pattern and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to The Pattern are non-confidential and The Pattern will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that The Pattern may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Pattern, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that you own all rights to any User Content generated inside the Service that may get posted or shared outside of the Service via social media or on third-party websites.
You acknowledge and agree that certain features on The Pattern are community forums and any User Content uploaded or shared on those features will be instantly shared with other members of The Pattern. Please exercise caution before uploading or sharing any User Content.
Member Content Transmitted Through the Service: Other users will also share content on this Service (collectively, “Member Content). Member content shared on this Service is the sole property of the user who shared that content with The Pattern. You have no rights to said member content, cannot use any of the content in violation of these Terms of Service. The Pattern reserves the right to immediately delete your account for any misuse of member content.
Use of Celebrity Information: Any celebrity featured on the Service is there for informational and newsworthy purposes only. A celebrity's presence on our Service does not constitute his or her endorsement of The Pattern or any information or material located thereon. Moreover, the presence of any celebrity on The Pattern does not imply or warrant The Pattern's endorsement of that said celebrity.
We encourage any celebrity or his or her representative to contact us at email@example.com to request information or content removal from The Pattern.
Copyright Complaints: The Pattern respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify The Pattern of your infringement claim in accordance with the procedure set forth below.
The Pattern will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to The Pattern’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail or email at:
Pattern Home, Inc.
228 Park Ave S
New York, NY 10003-1502
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York City, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Pattern will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, The Pattern has adopted a policy of terminating, in appropriate circumstances and at The Pattern's sole discretion, users who are deemed to be repeat infringers. The Pattern may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Pattern has no control over such sites and resources and The Pattern is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Pattern will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Pattern is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold The Pattern and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PATTERN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE PATTERN MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PATTERN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PATTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE PATTERN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE PATTERN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and The Pattern, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and The Pattern are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE PATTERN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE PATTERN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
The Pattern is interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The Pattern should be sent to firstname.lastname@example.org (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If The Pattern and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or The Pattern may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Pattern or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Pattern is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless The Pattern and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, The Pattern agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, The Pattern will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, The Pattern will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Pattern will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, The Pattern agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending The Pattern written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that The Pattern, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if The Pattern believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Pattern may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that The Pattern may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Pattern will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and The Pattern will have no liability or responsibility with respect thereto. The Pattern reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and The Pattern and govern your use of the Service, superseding any prior agreements between you and The Pattern with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and The Pattern agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York City, New York. The failure of The Pattern to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. 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 the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of The Pattern, but The Pattern may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions? Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
Now, that wasn’t so bad right? Thank you for reading our Terms of Service. We hope you enjoy The Pattern!