TERMS & CONDITIONS

Last updated July 10, 2020

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services provided by QUARKY LABS LLC (“QUARKY LABS”, “we,” “us,” or “our”).  We offer several services and products via our website at KNITRINO.com and the KNITRINO App (all services on are collectively “Our Services”).

You may not use Our Services, or accept these Terms and Conditions (the “Terms”), if you are not of legal age to form a binding contract with us, or you are prohibited by law from receiving or using Our Services. If you do not accept all of these Terms, then you may not use Our Services.  In these Terms, “You” or “Your” refers to You as the user of Our Services.

A. KNITRINO

The Terms stated in Section A herein further govern our KNITRINO App (“KNITRINO” or the “App”) in conjunction with our Terms for KNITRINO generally and to the exclusion of the specific Terms set out in Sections B and C further governing our other services.

KNITRINO enables users to purchase interactive knitting patterns and use them on their mobile devices. By accessing and using KNITRINO, you agree to be bound by our Terms.

Age. 

If You are not old enough to have authority to agree to our Terms in Your country, Your parent or guardian must agree to our Terms on Your behalf.  However, in no event are You authorized to use KNITRINO if you are not at least 13 years of age.

Registration. 

When You use KNITRINO, You may have the option or be required to register for an account. When You create an account, You agree to provide accurate, up to date information as required for the account registration. You also agree that You will not use or attempt to use any other KNITRINO account other than the one You establish in Your own name. You will be responsible for all use of KNITRINO by You, anyone who You allow to access Your account or anyone who accesses Your account with Your login information (either with or without Your permission).

Third Party Sharing.

When You use KNITRINO, You may have the option, or be required, to connect or share access or a copy of Your information with a third party user or service. By connecting Your KNITRINO account with any third party, You acknowledge and agree that you may be sharing access or a copy of some or all of Your KNITRINO information with such third party and that You will be subject to that third-party’s terms and conditions as far as the data You share with them – to the exclusion of our Terms as far as how the third party handles, processes and safeguards the data you authorized be provided to them.  Our Terms will continue to govern Your KNITRINO data to the extent we otherwise handle, processes or safeguard it. More information on Third Party Sharing may be found in our Privacy Policy. 

Mobile Devices.

For as long as You use KNITRINO, You consent to downloading and installing updates to KNITRINO, including authorizing automatic updates. You are responsible for Your carrier’s rates and fees, such as text messaging and data charges, which apply. We do not guarantee that KNITRINO can be used on any particular device or cellular service plan. 

B. Regarding All of Our Services

Credit Card Payment.

Our Services provide a way for You to pay with Your preferred payment method via Stripe. You represent and warrant that You have the legal right to use any credit card or other payment method utilized in connection with any purchases made of/with Our Services.

Communications.

Visiting www.KNITRINO.com, sending any email to KNITRINO, downloading or opening KNITRINO or using Our Services in any way constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and communications that we provide to You electronically, either via email or via Our Services, satisfy any legal requirement that such communications be in writing. Further, we encourage You to share comments and questions with us, but You are responsible for whatever material You submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in Your messages. However, with regard to any comments that You submit to us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions are non-confidential and nonproprietary, we shall have the sole and exclusive right to the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such without attribution.  We do not undertake to and are not responsible for screening, policing, editing or monitoring any communications posted or transmitted by users through Our Services, and cannot ensure prompt removal of objectionable material. If notified of allegedly infringing, defamatory, damaging, illegal or offensive material, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such from Our Services.

END USER License Agreement. 

You are granted a non-exclusive, non-transferable, revocable license to access and use Our Services, through which you may purchase a license to digital content, strictly in accordance with these Terms. Additionally, the Google Play Developer Distribution Agreement applies for the Android Mobile Application and Apple Licensed Application End User License Agreement applies for the iOS Mobile Application. Your use of and access to Our Services does not grant You any license or property rights for any of our content. KNITRINO owns all of the text, images, software, trademarks, video or other materials contained and/or generated through www.KNITRINO.com, the KNITRINO App, or any of Our Services. Our content is protected by U.S. or international copyright laws.  You may not use, modify, reproduce or distribute any of the content, or the design of www.KNITRINO.com, the KNITRINO App, or any of Our Services, except for Your use as it relates to the express purposes of and intentions for Our Services as stated in these Terms or otherwise permitted by these Terms or with our express written permission.  This is meant to include, but is not limited to, that You shall not upload, distribute, or publish any of our content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties. Unauthorized use of any our intellectual property, trademark, service mark, logo or other material or content created by us may constitute a violation of United States Federal laws, State law or international legislation.

Acceptable Uses. 

You may only use Our Services in accordance with these Terms. You must not use Our Services for any illegal and immoral purposes. You may not use Our Services in any manner which could damage, disable, overburden, or impair Our Services or interfere with any other party's use and enjoyment of Our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Our Services. We retain the rights to disable Your account or terminate our relationship or services provided to you should you be found in violation of our Terms. If You have reason to believe that Your account is no longer secure (e.g. loss, theft or unauthorized disclosure or use of Your information or computer or mobile device used to access Our Services), You must promptly notify us at support@KNITRINO.com and change Your Personal information that is affected.  Your account and any related privileges granted is personal and non-transferrable. You may not assign, transfer or share access to Your account or to any of Our Services, which are limited to only the user who has engaged Our Services.

Privacy and User Data Policy. 

You agree to our privacy and data practices, including the collection, use, processing, and sharing of Your information, as described herein. KNITRINO implements technical and organizational measures to secure personal data, but any transfer of personal data via the internet cannot be fully secured. Therefore, KNITRINO cannot entirely ensure the protection of Your personal data when transferred via the internet to KNITRINO or through any of Our Services. Please read our full terms in our Privacy Policy.

Warranty Disclaimer. 

Our Services are provided “as is,”  and we expressly disclaim to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, suitability, reliability, availability, timeliness, security and accuracy, as well as all warranties arising by usage of research, trade, course of dealing, or course of performance. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF OUR SERVICES IS AT YOUR SOLE RISK. KNITRINO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Because some states or jurisdictions do not allow the disclaimer of implied warranties, the mentioned disclaimer may not apply to You.

Limited Liability. 

We together with our directors, employees, representatives, shareholders, affiliates, and providers, to the extent permitted by law, hereby expressly exclude any responsibility and liability for any loss or damages to, or viruses that may infect Your computer equipment or other property as the result of Your access to Our Services, or Your downloading our App from www.KNITRINO.com or any e-shops or Third-Party websites.  WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SERVICES, EVEN IF KNITRINO AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions may not allow certain limitations on or exclusion, so some of the above may not apply in full to You and our responsibility will be limited to the lowest extent permitted by law.

Indemnification Provisions. 

You agree to defend and hold KNITRINO and its vendors, business partners, representatives, subsidiaries, affiliates, officers, employees, and licensors harmless from any and all claims, actions, demands, liabilities, judgments and settlements, claimed, asserted and/or brought against KNITRINO or resulting from and/or related to Your use of Our Services and will indemnify us and the foregoing people/entities for any damages, losses, costs and/or expenses, including court costs and attorney’s fees, resulting from any such Claims. To the fullest extent permitted under applicable law, You hereby release KNITRINO and all such persons listed from any and all direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other claims, demands, debts, obligations, damages, costs, fees, fines, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, suffered and/or incurred by You and/or that You may have against them, arising out of or in any way related to Our Service.  KNITRINO reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with KNITRINO in asserting any available defenses.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KNITRINO SERVICES, OR WITH ANY OF THESE TERMS, Your SOLE AND EXCLUSIVE COURSE OF ACTION IS TO DISCONTINUE USING THE KNITRINO SERVICES.

Government Cooperation. 

KNITRINO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KNITRINO's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of Our Service or information provided to or gathered by KNITRINO with respect to such use.

Termination.

KNITRINO reserves the right to deny Our Services to any person at our sole and absolute discretion and to terminate Your access to Our Services or any portion thereof (including any promotions) at any time, without notice.  You agree that Our Services may be discontinued at any time and for any reasons at KNITRINO’s sole discretion, or be continued only on the condition that You accept changed terms of use or agrees to pay a fee for the continued use of Our Service. We may modify our Terms for any reason and at any time by posting a new version on www.KNITRINO.com, the KNITRINO App, or any of Our Services, these changes do not affect rights and obligations that arose prior to such changes. Your continued use following the posting of modified Terms means that You accept and agree to the changes and will be subject to the Terms in effect at the time of Your use. The most current version of the Terms will supersede all previous versions. Please review these Terms periodically for changes.  If You object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Service in any way, please immediately terminate use of Our Services.

Severability. 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement. 

This agreement constitutes the entire agreement between You and KNITRINO with respect to Our Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KNITRINO with respect to Our Services. Any and all modifications must be made in writing and signed by KNITRINO and you the user. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish of the parties that this agreement and all related documents be written in English.

Applicable Law.

This agreement is governed by the laws of the State of Washington excluding its conflicts of law rules.

Miscellaneous.

Our Service are controlled, operated and administered by KNITRINO from our offices within the USA. If You access Our Services from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use Our Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  Furthermore, You agree that no joint venture, partnership, employment, or agency relationship exists between You and KNITRINO as a result of this agreement or use of Our Services.

C. Contacting us

If you have any questions or concerns regarding our Terms or Privacy Policy, please contact Knitrino at support@knitrino.com