TERMS OF SERVICE

Date of Last Revision: May 7, 2024

Welcome to The Pattern!

Pattern Home, Inc., (“The Pattern,” “we,” “us,” or “our”) invites you to access and use our website located at thepattern.com (the “Website”), our mobile application (the “App”), which is accessible through tablets, smart phones, and other devices, and our services that are made available through our Website and the App (“Services”), subject to the following Terms of Service (the “Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY VISITING THE WEBSITE, AND/OR BY ACCESSING AND/OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF SERVICE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, THEN PLEASE DO NOT USE THE WEBSITE AND THE APP.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, the App and/or the Services, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website, the App and/or the Services. By continuing to access or use the Website, the App and/or the Services after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website, the App and the Services.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Description and Use of the Services

Services Description: Our Services are 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 which detail astrological insights [DM1] [MOU2] are available for downloading and listening and may specifically be referred to as audio readings and/or “podcasts” (“Audio Files”). The Services also permit users to maintain a journal of expression that is not accessible to the community and to post and communicate with The Pattern community through our “Shared Experiences” feature. In addition, The Pattern: “Connect” dating feature utilizes a unique methodology to allow users to make the most authentic and compatible connections.

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 Files (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 File, 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 File, subject to certain additional terms.

When using the Audio Files, you must respect the intellectual property and other rights of The Pattern and others. Your unauthorized use of Audio File may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2. Eligibility

The Services are available to people 13 years of age or older. If you are under 13 years of age, you are prohibited from using the Services. In addition, if you are under 18 years old but over 13 years of age, you may use the Services only with the approval of a parent or guardian. Certain features, however, are only available to those 18 years of age and older. Registered sex offenders are prohibited from using the Services.

3. Use of Personal Information

Your use of the Website, the App and/or the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://www.thepattern.com/privacy-policy), which is hereby incorporated by reference in its entirety.

4. User Conduct and Community Guidelines

User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials or content that you upload, post, publish, share, or display (hereinafter, “upload”) or email or otherwise use via the Services. We ask that users of our Services (“Users”) treat everyone with respect, honesty, and kindness to promote a safe space for sharing personal stories and experiences. The Services function best when its Users follow a few simple rules. By accessing and/or using the Website, the App, and the Services, you agree to comply with these user conduct guidelines set forth below (the “User Conduct Guidelines”):

you will not upload, post, e-mail, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity;
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; or
you do not have a right to upload under any law or under contractual or fiduciary relationships.

you shall not upload User Content that 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;
you shall not pose or create a privacy or security risk to any person;
upload content that 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;
upload content 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;
upload content that 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;
upload content 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;
you shall not violate any applicable local, state, national or international law, or any regulations having the force of law;
you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
you shall not solicit personal information from anyone under the age of 18;
you shall not harvest or collect email addresses or other contact information of other Users from the Services by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
you shall not upload content that advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized;
you shall not upload content 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;
you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods;
you shall not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
you shall not 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 underlying technology and software. Any rights not expressly granted herein are reserved by The Pattern; and
you shall not use language or content that is abusive, harassing, threatening, or otherwise inappropriate when communicating with The Pattern’s customer support team.

Community Guidelines.

In addition to the User Conduct Guidelines above, by accessing and/or using the Website, the App and/or the Services you also agree to comply our community guidelines available at https://www.thepattern.com/community-guidelines.

The Pattern has a zero-tolerance policy regarding inappropriate User Conduct and will take the necessary steps to aggressively enforce that policy. 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 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.

5. License To Use The App

The Pattern hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Service. By using the App, 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 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.

6. ACCESSING AND DOWNLOADING THE APP FROM APPLE APP STORE

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Service:

You acknowledge and agree that (i) these Terms of Service are concluded between you and The Pattern only, and not Apple, and (ii) The Pattern, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between The Pattern and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The Pattern.
You acknowledge that, as between The Pattern and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App 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 to the extent required by these Terms of Service.
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.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App, 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 Use as related to your license of the App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third-party terms of agreement when using the App.

7. Account Registration

If you would like to use the App, you will need to download the App from the Apple, Google or any other app store through which the App is made available to you using your app store credentials.

In order to access and use certain features of the Services you will have to register as a user (“Registered User”) of the App. During the registration process, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). The Sign-In Name, Password and Unique Identifiers are collectively referred to herein as the “Account Credentials.” You agree to provide and maintain true, accurate, current and complete information about yourself during the registration process.

You are responsible for maintaining the confidentiality of your Account Credentials and are fully responsible for any and all activities that occur under your Account Credentials. You agree to immediately notify The Pattern of any unauthorized use of your Account Credentials or account or any other breach of security[DM3] . We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. The Pattern will not be liable for any loss or damage arising from your failure to comply with this Section. The Pattern is under no obligation to accept any individual as a user of the Services and may accept or reject any user in its sole and complete discretion.

8. Additional Terms of Service for Connect and Chat Feature

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.

The Pattern is committed to providing a safe place for community members to freely and openly share their personal feelings and experiences on its Services without harassment from fake or spam accounts. To ensure this commitment is maintained, members must add a mobile telephone number in their account settings.

9. Modifications to Service

The Pattern reserves the right to modify or discontinue, temporarily or permanently, the Services (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 Services.

10. 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.

11. 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 App. 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.

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.

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:

https://support.google.com/googleplay/answer/2479637?hl=en

App Store / iOS device users:

https://support.apple.com/en-us/HT204084

12. Intellectual Property Rights

Content, and Trademarks. The App, the Website and the Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, tutorials, including Audio Files and the voice associated with the Audio Files (the “Voice”) and other material provided by or on behalf of The Pattern (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Without limiting the foregoing, The Pattern owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of all Audio Files. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, trade names, service marks, and logos of The Pattern (“The Pattern Trademarks”) used and displayed on the Website, the App and the Services are registered and unregistered trademarks or service marks of The Pattern. Other company, product, and service names located on the Website, the App and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Pattern Trademarks, the “Trademarks”). Nothing on the Website, the App and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Pattern Trademarks inures to our benefit.

Elements of the Website, the App and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

13. 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.

14. User Content Transmitted Through the Service

The Services may allow users to post and upload content including but not limited to, your personal and biographical information, images, audio and/or visual content, messages to others, text, graphics, ratings, reviews, and other materials (collectively, “User Content”). You expressly acknowledge and agree that once you submit User Content for inclusion into the Services, there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE PATTERN, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES. We are not obligated to publish any User Content on our Services and can remove it in our sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant The Pattern and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

If you submit User Content to us, including, but not limited to, by posting it through the Services, each such submission constitutes a representation and warranty to The Pattern that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by The Pattern and our content partners as permitted by these Terms of Service, does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our User Conduct and Community Guidelines.

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.

15. Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Feedback”), provided by you to The Pattern are non-confidential and The Pattern will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

16. 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 contact@thepattern.com to request information or content removal from The Pattern.

17. 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 contact@thepattern.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Pattern Home, Inc.

228 Park Ave S
PMB 77613

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.

18. Third-Party Websites

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.

19. 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.

20. Disclaimer of Warranties

THE WEBSITE, THE SERVICES, THE APP, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER THE PATTERN NOR ITS SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS OF SERVICE, AND THE PATTERN HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

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.

THE WEBSITE, THE APP, THE CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE.

THE SERVICES ARE INTENDED TO PROVIDE HELPFUL, EDUCATIONAL, AND INFORMATIVE MATERIAL RELATED TO ASTROLOGY AND PERSONAL RELATIONSHIPS FOR YOUR ENTERTAINMENT ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE PATTERN DOES NOT RENDER PSYCHOLOGICAL, HEALTH, MEDICAL OR ANY OTHER KIND OF PERSONAL PROFESSIONAL SERVICES THROUGH THE WEBSITE, THE APP AND THE SERVICES. 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 SERVICES, INCLUDING ANY ACTIONS YOU TAKE OR REFRAIN FROM TAKING AS A RESULT OF READINGS YOU RECEIVE THROUGH THE SERVICES AND THE ACTIONS OF ANY USERS YOU CONNECT WITH THROUGH THE SERVICES. THE PATTERN FURTHER DISCLAIMS ANY LEGAL LIABILITY FOR THE RELIABILITY OF ANY FEATURES RELATED TO THE SERVICES. YOU HEREBY AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS YOU TAKE BASED ON OR RELATED TO YOUR USE OF THE SERVICES.

THE AUDIO FILES. 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 AND FILES, 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 FILES, 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 FILES AT YOUR SOLE RISK AND COMPANY SHALL HAVE NO LIABILITY TO YOU FOR MATERIAL THAT MAY BE FOUND TO BE OFFENSIVE OR OBJECTIONABLE.

NO CRIMINAL CHECKS. 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.

21. 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.

22. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Agreement to Arbitrate.

In the event of a dispute arising under or relating to this Agreement, the Website, the Products, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.

Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING

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 contact@thepattern.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 legal@thepattern.com (“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.

23. Confidentiality

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.

24. Severability

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.

25. Termination

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.

26. User Disputes

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.

27. General

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 contact@thepattern.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

TERMS OF SERVICE

Date of Last Revision: May 7, 2024

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