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Preview Feature Terms and Conditions
Ditto Preview Features – Terms and Conditions of Use™
Dittopatterns LLC (“Ditto”) may periodically make Preview features (defined below) available to you at no additional charge. You may choose to use the Preview features in your sole discretion. Ditto is under no obligation to offer, or to continue to offer, the Preview features, which can be removed at any time.
These Ditto Preview Features – Terms and Conditions of Use (the “Preview T’s & C’s”) govern your access to, and use of, the Preview features. By accessing the Preview features, or by attempting to access the Preview features, you indicate that you have read, understood, and expressly agree to the Preview T’s & C’s.
1. Definitions
“Preview features” means a product, service or functionality provided by Ditto that may be made available to you to use at no charge, or available to subscribers only at no additional charge, which is designated as limited release, free access, beta, test, concept, preview, or by a similar description, including Bring Your Own Pattern.
“Preview features Period” means the period during which the Preview feature is made available by Ditto.
“You” and “you” and “your” means the person using or accessing, or attempting to use or access, the Preview features.
2. Limited License
(a) Subject to these Preview T’s & C’s, Ditto grants to you a limited, non-exclusive, nontransferable, revocable license to access and use the Preview features during the Preview features Period, for the purposes described by Ditto. Except for the limited right granted to you in this Section 2, all rights in and to the Preview features are reserved to Ditto.
(b) You must not: (1) rent, sell, license, assign, copy, modify, create derivative works of, translate, reverse engineer, decompile, or disassemble the Preview features (or any portion thereof); (2) reduce the Preview features, or any portion thereof, to human-perceivable form; or (3) use the Preview features in any way that is likely to damage, disable, overburden, or impair the Preview features or Ditto’s website, related systems and networks.
3. Ownership and Feedback
(a) Ditto owns and retains all right, title, and interest in and to the Preview features and all copyrights, trademark rights, patent rights, and other intellectual property rights in the Preview features, and all other rights, including without limitation, improvements, designs, contributions, and derivative works.
(b) From time to time, you may choose to provide recommendations, suggestions, ideas, derivations, improvements, enhancement requests, or other feedback about or concerning the Preview features (“Preview Feedback”). If you choose to provide Preview Feedback to Ditto, you hereby assign to Ditto all of your right, title, and interest in and to all Preview Feedback. You agree that Ditto is free to use the Preview Feedback for its own business purposes and to make unrestricted use of, copy, modify, sell, incorporate, distribute, license, and create derivative works of the Preview Feedback without payment, compensation or attribution to you of any kind.
4. Your Responsibilities
You are solely responsible for: (a) your activities that occur in relation to the Preview features; (b) ensuring that you comply with these Preview T’s & C’s; and (c) all data and content you use within the Preview features. Your access to, and use of, the Preview features is strictly limited to the Preview features Period.
5. No Obligation
(a) Ditto reserves the right in its sole discretion to update, cancel, modify, suspend, take offline, or discontinue the Preview features at any time for any reason or no reason, without notice to you.
(b) Ditto has no obligation to: (1) correct any bugs, defects, or errors in the Preview features or otherwise to provide any technical support or maintenance for the Preview features; or (2) create, distribute, or otherwise offer a different or updated version of the Preview features.
6. Termination
Your license to use the Preview features terminates automatically if you violate any condition or restriction in these Preview T’s & C’s. Your license also terminates if Ditto withdraws, suspends or terminates the Preview features. Upon termination of the Preview features, you must immediately discontinue using the Preview features and you must uninstall or destroy all copies of the Preview features in your possession or control.
7. Indemnity
You will defend, indemnify and hold harmless Ditto and its employees, directors, agents, and representatives (the “Ditto Parties”) from and against any actual or threatened third-party claim, suit, lawsuit, or legal action or proceeding (“Claim”) to the extent that the Claim arises from or relates to: (a) any alleged infringement of any third-party intellectual property rights by you, your data, your content, or third party services that you obtain and use as part of your use of the Preview features; or (b) any violation by you of the Preview T’s & C’s. Ditto will give you prompt written notice of a Claim. You will have sole authority to defend or settle a Claim at your expense, provided that any such settlement does not impose ongoing obligations on the Ditto Parties.
8. Disclaimer of Warranties
The Preview features, and updates (if any), may contain errors and are provided to you on an “as is,” “with all faults,” and “as available” basis without warranty of any kind, whether express, implied, statutory or otherwise. Ditto hereby disclaims all warranties, including without limitation the warranty of merchantability, fitness for a particular purpose, title and non-infringement. Ditto does not warrant that the Preview features will function without interruption, are free of malicious code, or that they are error-free.
9. No Liability of Ditto
The Preview features are provided without charge for evaluation purposes. Accordingly, Ditto will have no liability to you or to anyone claiming by, on behalf of, or under you for damages of any kind, or otherwise. In no event will Ditto be liable for any direct, statutory, indirect, incidental, special, consequential, or exemplary damages (including, without limitation, damages for loss of data or information), however caused and regardless of the theory of liability, even if Ditto has been advised of the possibility of such damages.
10. Miscellaneous
The parties hereby supplement the Terms & Conditions of Use for Dittopatterns.com with the Preview T’s & C’s. In the event of any conflict or inconsistency between the Preview T’s & C’s and the provisions of the Terms & Conditions of Use for Dittopatterns.com, the Preview T’s & C’s will control, but only with respect to the subject of the Preview T’s & C’s.
Ditto may add to, delete from, or modify these Preview T’s & C’s at any time without liability to you or to anyone else. “Will”, “shall” and “must” are mandatory terms; and “may” is permissive.