Terms of Service

Last Modified: January 11, 2023

By creating an account, making a purchase, visiting our websites (mybodymodel.com), or using our web application (app.mybodymodel.com) you are consenting to our terms and conditions.

If you do not agree to these terms, you may not register for this site or make a purchase.

Jargon

This terms of service is for:

  • the service:com, app.mybodymodel.com, and all products and services available on any of the websites
  • us: Cashmerette, LLC (a Massachusetts limited liability company)
  • your content: anything you post or upload on this site
  • our content: everything we post on this site owned by us (including text, sound, graphics, or other materials)

Description of Service

The Service consists of:

  • our Informational Website (mybodymodel.com), which publishes blog posts and other content about us 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”). Licenses explain how Members use Fashion Sketch Templates in more detail.

Account/Membership

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

This site is designed for adults. You must be 18 years of age or older to create an account and become a Member.

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.

Upon registration, you will select a password and username. This password and username can only be used by you. Your username and password cannot be transferred or shared with others.

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 18 years old.

Account Termination

We reserve the right to monitor your Membership 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, without notice.

Intellectual Property

You own your content; we own our content.

You own the copyright in your content. By posting or uploading your content to the site you grant us a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license. We need this license so that we can perform the services you registered for. This license allows us to store and show your content to other users. This license does not allow us to sell your content.

This site contains intellectual property owned by Cashmerette LLC, including trademarks, copyrights, and other intellectual property.

If you believe that any content on this site infringes on your intellectual property, please email hello@cashmerette.com.

Licenses

You may not use Fashion Sketch Templates or share them with the public or with third parties except as described below.

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 non-transferable, 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.

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:

  • download, copy and view it for your own use
  • 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 below.

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, non-exclusive, worldwide, fully paid-up and royalty-free license to download, copy and view it and use it:

  • if you are an educator, with students in a class that you teach or
  • If you are a tailor, costume designer, dressmaker, apparel designer or another professional apparel designer, with customers or clients of yours.

This license requires you to follow the Attribution Policy described below 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.

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 statement identifying MyBodyModel as its source (for example: “Image courtesy of MyBodyModel”)
  • a link to our Informational Website (mybodymodel.com)
  • any of our social media handles that we maintain at the time that you share it (e.g., @mybodymodel, facebook.com/mybodymodel).

Fees & Payments

You may purchase Hobby User Licenses or Professional User Licenses according to the prices and methods currently available on the Service. This includes, but is not limited to, the purchase of Credits. Unused Credits are non-refundable and fees are non-refundable once licenses are purchased. To avoid learning your credit card information, we’ve partnered with Stripe and PayPal to process payment securely. As such, we never learn or store your credit card information. Stripe and PayPal share your name, address, and email with us.

Modification to Products, Services, and Prices

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue any of our products or services (or any part) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance.

Accuracy of Information

We are not responsible if the information on this site is not accurate, complete, or current. It is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

Occasionally there may be information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate without prior notice (including after submitting your order).

Affiliate Links

From time to time, we’ll include affiliate links. And if you click them and make a purchase, we’ll get a commission in exchange. These funds help support all the content that we create.

We also are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

These links are to products or services that we’ve purchased or think you might like. And we aren’t going to hide which links are which. If it’s an affiliate link, you’ll be told.

If it’s not called out as an affiliate link, it’s not. And it is there to help you learn more or dig deeper and is not in exchange for payment.

Miscellaneous Fine Print

In no event will our liability, (regardless of the form of action, whether in contract, tort, or otherwise) exceed $100.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

You agree that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without notice to you.

The use of our information, products, and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

You expressly agree that your use of, or inability to use, the site is at your sole risk. The site and all products and services delivered to you through the site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You agree to defend, indemnify and hold us from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the site.

These terms shall be governed by the laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule.

Updates + Date Last Updated

These terms of service will be periodically reviewed and updated to reflect the current functions of the site. We may update this policy from time to time by updating the version on this page. You should check this page occasionally to identify any updates. The last update date appears at the top of this page.