Terms of Use | MyBodyModel
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MYBODYMODEL

TERMS OF SERVICE

Last updated: April 4, 2018

 

These Terms of Service (“Terms”) are a legally binding agreement between Schmitz Studios, LLC, a Maine limited liability company, d/b/a MyBodyModel (“MyBodyModel,” “we,” or “our”) and visitors to and users (collectively, “you”) of the MyBodyModel web application (app.mybodymodel.com) and informational website (mybodymodel.com) (both the web application and the information website together called “the Service”). Our Privacy Policy is incorporated into these Terms by reference.

 

1. Description of Service

 

The Service consists of:

  • our Informational Website (mybodymodel.com), which publishes blog posts and other content about our company and our products; and
  • our Web Application (app.mybodymodel.com), which allows registered users (“Members”) to generate customized fashion sketching templates (“Fashion Sketch Templates,” as further explained below) and view or download them.

 

Fashion Sketch Templates are images of body outlines generated by the Web Application, as well as any files containing those images. Fashion Sketch Templates are referred to within the Service as “body models” and are known more commonly as “croquis” or “fashion croquis.”

 

Members include both hobbyists who use the Web Application to create Fashion Sketch Templates for personal use (“Hobby Users”) as well as professionals who use Templates in educational settings or in professional fashion and apparel-design cases (“Professional Users”). Section 5 (“Licenses”) explains how Members use Fashion Sketch Templates in more detail.

 

2. Your Use of the Service

 

By visiting or otherwise using the Service, you agree to be bound by these Terms and any future changes to these Terms. These Terms are effective as of the “Last updated” date above.

 

Use of the Service by anyone under 13 years of age is prohibited. You represent that you are at least the age of 13 (or any older age that your local law may require as a condition of using the Service), meet all legal requirements for entering into a binding contract with us, and will use the Service only in compliance with these Terms and all applicable laws.

 

We reserve the rights to monitor your use of the Service to determine compliance with these Terms, to deny the use of the Service to any person who we believe in our sole discretion to be in violation of these Terms, and to suspend or terminate the Service to you or to any other person for any lawful reason at any time.

 

3. Account Registration

 

Anybody may view the Service, but you must create an account to create, view or purchase licenses to Fashion Sketch Templates.

 

If you create an account on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. The information that you submit to us in your profile must be entirely accurate and complete and must remain so throughout your use of the Service. You may not transfer your account to any other person or organization without our prior consent.

 

You agree to keep your account credentials secure and not disclose them to third parties. You will immediately notify us if you believe your credentials have been lost or used without your consent by any other person. You are liable for all activities undertaken through your account.

 

To the extent you provide the Service with body measurements or other information about an individual other than yourself, you represent and warrant that you have directed that other person’s attention to our Privacy Policy, have obtained his or her consent to provide information about him or her to us to be used in accordance with that Policy and with these Terms of Service, and that he or she is at least 13 years old.

 

4. Term and Termination

 

These Terms are effective beginning when you first visit the Service or create an account and continue until you terminate your account or we terminate these Terms as the Terms themselves allow. We reserve the right in our sole discretion to terminate your access to the Service or any portion of it at any time, without notice.

 

5. Licenses.
The following licenses are conditioned on your compliance with these Terms.

 

5.1 Preview Licenses. Any user of the Service may use it to generate watermark-protected preview versions of Fashion Sketch Templates (“Fashion Sketch Template Previews”). We hereby grant you a nontransferable, non-exclusive, worldwide, fully paid-up and royalty-free license to view each Fashion Sketch Template Preview for the duration of the time that we display it. This license does not permit you to download, copy, make screen captures of or otherwise reproduce Fashion Sketch Template Previews or to transfer them to any other person.

 

5.2 Hobby User Licenses. If you are a Hobby User, then for each Fashion Sketch Template that we produce for you, we hereby grant you during the Term an irrevocable, non-transferable, non-exclusive, worldwide, fully paid-up and royalty-free license to (a) download, copy and view it for your own use and (b) share it with third parties or with the public (digitally or via printed images) so long as you do not request or receive payment for doing so and so long as you follow the Attribution Policy described in section 5.4.

 

5.3 Professional User Licenses. If you are a Professional User, then for each Fashion Sketch Template that we produce for you, we hereby grant you during the Term an irrevocable, non-transferable (except as stated in this section 5.3), non-exclusive, worldwide, fully paid-up and royalty-free license to download, copy and view it and use it with (a) students in a class that you teach if you are an educator or (b) customers or clients of yours if you are a tailor, costume designer, dressmaker, apparel designer or other professional designer of apparel. This license requires you to follow the Attribution Policy described in section 5.4 for each Fashion Sketch Template that you share in these ways, and it does not allow you to resell or sub-license any Fashion Sketch Templates to third parties or otherwise request or receive payment for sharing them with any third parties.

 

5.4 Attribution Policy. When sharing any Fashion Sketch Templates with the public or with third parties, whether digitally or in hard copy format, you agree to include on the shared image (a) a statement identifying MyBodyModel as it source (for example: “Image courtesy of MyBodyModel”), (b) a link to our Informational Website (mybodymodel.com) and (c) any of our social media handles that we maintain at the time that you share it (e.g., @mybodymodel, facebook.com/mybodymodel).

 

5.5 No Other Usage Permitted. Except as described in this section 5, you may not use Fashion Sketch Templates or share them with the public or with third parties.

 

5. Fees & Payments

You may purchase Hobby User Licenses or Professional User Licenses in the ways and at the prices shown on the Service. Fees are non-refundable once licenses are purchased. We use Stripe to process online payment transactions with you. By agreeing to these Terms, you also agree not to violate any Terms of Service or other usage policies that Stripe has in effect during the Term.

 

7. Limitation of liability; Disclaimer of Warranties
We provide the Service “as is,” without any warranty of any kind, relating to the Service. We and our employees, agents, independent contractors, officers, directors, successors and assigns will not be liable to any user or to any other person for any damages (whether direct, indirect, special, incidental, consequential, punitive or other, in an action of contract, tort or otherwise) arising from the Service. The limitations and warranty provisions in these Terms are effective to the full extent permitted by law, and they will continue in effect after the termination of your participation in the Service.

 

8. Indemnification
You will indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms or your use of the Service. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.

 

9. General
These Terms do not confer any rights or remedies on you or on any other party other than those expressly set forth here.

 

These Terms will be governed by the laws of Maine. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.

 

The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision.

 

These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you.

 

These Terms are the entire agreement between us and you about the Service. They replace any other prior oral or written agreements between us and you about the Service. If any provision of these Terms is held invalid or unenforceable, that provision will be struck and its striking will not affect the enforceability of any other provision.