Annie's Attic Terms of Use
Effective Date: 02/05/2025
These are the Terms of Use for Annie’s Attic and its affiliates (“Annie’s”). These terms apply when you visit any of our websites (the “Websites”), use any of Annie’s products and services, or interact with Annie’s in any way (together, the “Services”). If you do not agree to all of the terms, do not use the Services.
Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.
THESE TERMS INCLUDE A CLASS ACTION WAIVER. THESE TERMS INCLUDE SUBSCRIPTION TERMS. PLEASE READ THESE TERMS CAREFULLY.
Eligibility Requirements
When you register an Account (as defined below) on the Service, you represent that you are at least 18 years old. The Service is not intended for, nor targeted to, children under 18. Please see the Privacy Policy for more information.
Changes to the Terms of Use
Annie's may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Websites and indicating the effective date at the top of the page or by notifying you through other channels. Your continued use of the Websites after such changes are posted will constitute your agreement to such changes. We encourage you to visit this page and read these Terms of Use often.
Availability and Modifications to our Websites and Services
Annie's reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Websites or Services including but not limited to content, features, listed prices, or hours of availability at any time. Annie's may impose limits on certain features of the Websites or Services or restrict your access to part or all of the Websites and Services without notice or penalty.
Annie’s Bookshelf Terms
As part of the Services, you may purchase a limited license to Annie’s Creative Studio content, books magazines, and other content (collectively, "Content") from our Services. Some of our Content may be offered in limited territories.
You may not (i) download, transfer, copy or display Content, except as permitted in these Terms; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Services; or (v) use the Services or Content for any commercial or illegal purpose. Content containing videos are not available for download, and may only be accessed on the Services.
Once a license to Content has been purchased, the Content will appear in the Annie’s Bookshelf with your Account (as defined below). A License to Content may be subject to expiration. If applicable, Annie’s will provide notice of this expiration.
Violation of any of the above restrictions may result in a termination of your ability to access the Content.
Timeframe for Holding Content:
Annie’s reserves the right to limit the timeframe during which your digital products are available in your Digital Bookshelf. Annie’s is not obligated to store or make available any content indefinitely. Annie’s may, at its sole discretion, delete or remove any products from your Digital Bookshelf if deemed necessary for operational, legal, or business reasons.
Changes to the Digital Bookshelf:
Annie’s reserves the right to modify, suspend, or discontinue the Digital Bookshelf service, or any portion thereof, at any time for business or operational purposes. This may include changing how products are accessed, displayed, or managed. We will make reasonable efforts to notify users of significant changes to the service, but such changes may occur without prior notice.
Account Requirements:
To access and use the Digital Bookshelf, you must have an active Annie’s Publishing account. You are required to be logged into your account in order to view, manage, and use any products stored in your Digital Bookshelf. If your account is inactive, suspended, or terminated for any reason, you may lose access to the Digital Bookshelf and its contents. It is your responsibility to ensure your account credentials are kept secure and to immediately notify us of any unauthorized use or access to your account.
License to Use Digital Products:
When you purchase or redeem digital content through Annie’s Publishing, you are granted a limited, non-exclusive, revocable, non-transferable license to use the products solely for personal, non-commercial purposes. Ownership of the digital products remains with Annie’s Publishing or its licensors. You do not acquire any ownership rights to the digital content, and your use is subject to the terms and limitations set forth in these Terms and Conditions. Your license to access the digital products may be revoked if you violate these terms or if Annie’s Publishing determines that continued access is no longer feasible for business, legal, or regulatory reasons. By continuing to use the Digital Bookshelf service, you acknowledge and accept these terms.
Transfer of Information to Updated Services
When Annie’s engages in the update of Services, it may involve the transfer and update of Annie’s information, including any Account (as defined below) information. Annie’s will use commercially reasonable efforts to ensure all information is transferred successfully. However, Annie’s cannot guarantee the full accuracy of the transmission and shall not be held liable for any information unable to be transferred during an update to the Services.
Termination of Access
Annie’s maintains the right to suspend or disable your access to the Services and any Account (as defined below) you may have created, or terminate these Terms of Use, at our sole discretion and without prior notice to you if you breach the Terms of Use, or if Annie’s otherwise determines such action is warranted. Annie’s reserves the right to revoke your access to and use of the Services at any time, with or without cause.
You agree that monetary damages may not provide a sufficient remedy to Annie's and its affiliates for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Annie's and its affiliates may release user information about you if required by law or subpoena. If you become dissatisfied with the Websites, your only recourse is to immediately discontinue use of the Websites.
Your Representations & Warranties to Annie’s
By using our Services, you represent, warrant, and agree:
- You meet all age and eligibility requirements expressed in these Terms of Use;
- You are solely responsible for the accuracy, legality, and appropriateness of your use of the Services, including all data, files, and communications entered into the Services, as well as the use of downloadable assets generated from the Services; and
- You will only use our Services for lawful purposes.
Prohibited Uses
You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- To impersonate or attempt to impersonate Annie’s, an Annie’s employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Annie’s or users of the Services, or expose them to liability; or
- To not upload commercial content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, or any server, computer, or database connected to the Services or attack the Services in any way; or
- Otherwise attempt to interfere with the proper working of the Services.
Intellectual Property
You acknowledge and agree that all content and materials available on the Services, including but not limited to the Annie's name and logos, text, graphics, code, package designs and marks, are protected by intellectual property and other laws.
All copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Annie's or our licensors. You may only use the Services or its contents as expressly permitted in this Terms of Use and for no other purpose. Annie's, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Services. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, download, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Services. Notwithstanding the above, you may download, print or view the content and materials on the Services on any single computer device for your personal non-commercial use, provided you do not delete or change any of the information, including copyright or trademark notices and keep intact all proprietary and other notices. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. The use or misuse of any of these materials is strictly prohibited. You also agree not to deep-link to the Services for any purpose, unless specifically authorized by us to do so. The content and software on the Services is the property of Annie's and is protected by U.S. and international copyright laws. We may terminate the privileges of any user who uses the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Services, you warrant that the information or content does not infringe the copyrights or other rights of third-parties.
Trademarks
All trademarks, service marks and trade names of Annie's used in the Services are trademarks or registered trademarks of Annie's.
No Commercial Use
The Services may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Annie's prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Annie's will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Services and barring such violators from use of the services.
Third-Party Website Links
The Websites may contain links to sites operated by third-parties throughout the World Wide Web. Annie's has no control over these sites or the content within them all of which have separate privacy and data collection practices, independent of Annie's. These linked sites are only for your convenience and therefore you access them at your own risk. Annie's does not guarantee, represent or warrant that the content contained in any third-party sites is accurate, legal and/or inoffensive. Annie's does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Websites to search for or link to another site, you agree and understand that you may not make any claim against Annie's for any damages or losses, whatsoever, resulting from your use of the Websites to obtain search results or to link to another site. If you have a problem with a link from the Websites (including if a specific link does not work), you may notify us at www.anniesattic.com/contact/.
Monitoring
You agree that Annie's has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Services including but not limited to customer reviews, bulletin boards, email and other forums. Notwithstanding this right, Annie's cannot monitor and review all materials posted on the Services by users in a timely manner, and Annie's is not responsible for any materials and communications posted by users. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Services, Annie's is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Services. However, Annie's reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Annie’s in its sole discretion.
Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Services pursuant to the requirements and restrictions of these Terms of Use. Annie’s may change, suspend, or discontinue any aspect of Services at any time. Annie's may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Services. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Services. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Services, or any of its contents (including software) in whole or in part.
Advertising
Our Services may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on our Services are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
Submissions
All remarks, submissions, ideas, concepts, pictures or other information you submit to the Websites will become the exclusive property of Annie's and its affiliates. Annie's and its affiliates will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
User-Generated Content
As used herein, “user-generated content means” (UGC) any form of content, such as images, videos, audio, text, testimonials, and software submitted by users on any Annie’s website or social media page.
Any UGC submit to Annie's must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message. UGC must not contain material that is unlawful, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous, material that is sexually explicit or suggestive, promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
A determination of whether UGC violates this policy may be made by Annie’s in its sole discretion.
Any user who submits or posts UGC hereby grants Annie’s an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit the UGC and all copyright or other intellectual property rights therein, in any medium now existing or hereafter developed, without separate compensation or permission.
When providing UGC, you represent and warrant that (i) you have all necessary rights to grant the above license to your UGC; (ii) your UGC does not violate, misappropriate, or infringe upon any intellectual property or proprietary right of any person or entity; and (iii) you have express permission from any persons (or from the parent or legal guardian, if a minor) appearing in the UGC.
You represent and warrant that the content is accurate; and that use of the content you supply does not violate either the social media site or Annie’s Terms of Use.
When submitting UGC, UGC becomes the sole property of Annie’s and will not be acknowledged or returned. Annie’s is under no obligation whatsoever to use or publish any UGC in any manner.
Feedback Transmitted Through Our Services
You acknowledge and agree that content in any form including any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide (“Feedback”), provided by you to Annie’s is non-confidential, and Annie’s will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By providing content, information, or Feedback to us in any form (online, social media, email, mail, or other sources, including by submitting or uploading content or materials for use on the Services, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Annie's an irrevocable world-wide exclusive right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you for any purpose whatsoever, without any compensation to you. We may publish and distribute any such submitted Feedback, content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
Account Information
To access parts of our Services, you may be required to register for an Annie’s account (an “Account”). You agree that you will provide accurate information when creating an Account and that you will keep your Account information up-to-date.
Passwords
You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of a Websites as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
During the Account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Services, you represent and warrant that: (i) you are 18 years of age; (ii) you are the customer who registered for the services and you will not share your password with others or utilize an account of another person with intent to impersonate that person ; (iii) that you are using the services only for permitted purposes; (iv) you are not a competitor of Annie's, or agent thereof; (v) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (vi) you will ensure that you exit from your account at the end of each session. Please notify us at www.anniesattic.com/contact/ of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Annie’s in its sole discretion deems offensive.
Fees
Annie's may charge you fees for products or services offered for sale on the Services. You agree to pay all fees and charges, including applicable taxes, incurred through your account. Annie's reserves the right to change the fees structure at any time.
Depending on your method of payment, you may be subject to additional processing fees communicated to you at the time of purchase.
Shipping and Processing:
Annie's reserves the right to review orders and apply shipping fees at a disclosed rate. To see rates for shipping and processing, please see our Shipping page. Annie's reserves the right to add additional fees if necessary for products that are excessively heavy or bulky. Annie's may, in its sole discretion, change, add or remove shipping and processing fees at any time by posting new rates and conditions on the websites.
Product Colors
Annie's does not guarantee that the colors of the products listed will be accurate to those shown on your device or monitor's screen as display settings, configurations, and conditions could distort the colors of product images. Annie's monitors quality control of yarn, fabric, and other products shipped from third-party vendors, but Annie's does not guarantee that yarn, fabric, and other products from different dye lots will be an exact match.
Return/Refund Policy
Returns and Refunds (excluding Annie’s Creative Studio subscriptions) are subject to our full Return Policy at www.anniesattic.com/returns/.
Catalogs and Magazines:
For items purchased directly from Annie’s, you may return eligible items within 21 days for an exchange, credit or refund. If the item is damaged upon receipt, please notify customer service within seven (7) days. To initiate your return request, please visit your account section. Your request will be reviewed within two (2) business days. We reserve the right to deny any request. Once we approve your request, provide a digital copy to your account. Shipping costs, and items labeled All Sales Final are non-eligible for returns, credit or refund. All Sales final includes clearance and drop-ship items. We will only refund items in new condition. We do not refund any items damaged through normal wear and tear. Any return for a bill-me will be applied as store credit to your account.
For items purchased through Amazon, we adhere to Amazon’s requirements.
We do not accept returns for downloaded material. However, if you are experiencing technical difficulties, please contact customer service here: www.anniesattic.com/contact/. Notification of any issues must occur within 10 calendar days of the original sale.
All refunds for purchases made with Bill Me, Checks or Money Orders will be processed as Store Credit.
Privacy
For an explanation of our online information practices with regards to information collected or submitted to our Services, please see our Privacy Policy.
DISCLAIMER OF WARRANTIES
The services, including all content, materials, information, software, products, services, functions, and information made available on or accessed through the services, is provided on an "As is" "As available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation: warranties of title, non-infringement, implied warranties of merchantability, or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Annie's does not warrant that the services or the functions, features or content contained therein will be timely, secure, or error free, or that defects will be corrected. Accurate, reliable or correct; that the services will be uninterrupted or available at any particular time or location; that any defects or errors will be corrected; that the website content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the services. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
LIMITATION OF LIABILITY
In no event shall Annie's be liable for any special, punitive, incidental or consequential damages that are directly or indirectly related to the use or performance of, or inability to use, the services or the content, information, materials and functions related thereto even if Annie's have been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to certain users. Our liability in such jurisdictions shall be limited to the extent permitted by law. In no event shall the total liability of Annie's to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) arising from this agreement or your use of the services exceed one hundred dollars ($100.00) in the aggregate.
Typographical Errors
In the event that a product of Annie's is mistakenly listed at an incorrect price, Annie's reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Annie's reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Annie's shall issue a credit to your credit card account in the amount of the incorrect price.
Errata Changes
In the event that a pattern or instruction leaflet of Annie's needs a correction or addition, Annie's reserves the right to update the digital version of the pattern or instruction leaflet in your bookshelf with the newest version without notice. Annie's may not send updated versions of printed copies.
Indemnification
You agree to defend, indemnify and hold Annie's, and their officers, directors, employees, agents, licensees, suppliers (collectively the "Service Providers"), successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by them in connection with any claim arising out of or related to (i) your use of the Services, (ii) your breach or violation of these Terms of Use, (iii) your dispute with another user, or (iv) the unauthorized access to any password-protected area of the Services using your password (including negligent or wrongful conduct) by you or any other person accessing the Services through your Account. Annie's reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate with us in asserting any available defenses and shall not in any event settle or otherwise dispose of any matter without the prior written consent of Annie's.
Choice of Law; Forum
These Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. Any controversy involving Annie's arising from or in any way related to the Terms of Use or your use of the Services shall be heard in the appropriate State or Federal court in Adams County, Indiana and you irrevocably consent to the jurisdiction of such courts.
CLASS ACTION WAIVER
YOU AND ANNIE’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
Unless agreed upon in writing by both parties, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
Notices
Except as explicitly stated otherwise, any notices shall be given to Annie's contact us form at www.anniesattic.com/contact/ or to you at the email address you provide to Annie's, a general notice on the Services, or by other reliable method to the address you have provided to Annie's. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
General Provisions
Annie's makes no representations that the content and materials on the Services are appropriate, available or legal in any location outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from our Services in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.
The failure by either you or Annie's to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or related to the Terms of Use must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use comprise the entire agreement between you and Annie's, and supersedes all prior agreements between the parties, regarding the subject matter contained herein.
All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
Annie's may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contact Information
If you have questions regarding this Terms of Use, you may contact us at www.anniesattic.com/contact/.