Folds In Tris™
Terms and Conditions
Your access to and use of the www.foldsintris.com web site (the “Site”) is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and The Site are superseded and of no force or effect:
1. The Site, all FITS Models, and all materials contained in the Site and any FITS Models are maintained for your personal entertainment and information by Colin Thomas, dba Folds In Tris, (“FITS”). “FITS Model(s)” shall mean FITS’s proprietary 3D models of clothing, merchandise, and other accessories for use in certain 2D and 3D interactive entertainment, film, television, and other media and for use by artists, authors, developers, publishers and/or others working in such media, all of which are displayed and available for license on the Site. Subject to your compliance with these Terms and Conditions, FITS hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, and use the Site, excluding the FITS Models, solely for your personal and non-commercial purposes. Except as provided in the FITS End User License Agreement (www.foldsintris.com/license-agreement/), the terms of which are incorporated herein by this reference, no material from the Site or any FITS Model may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials (excluding the FITS Models) on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of the copyright and other proprietary rights of FITS as well as other authors who created the materials. You may not distribute, modify, transmit or use the content of the Site or any FITS Model, including any and all graphics and/or sound files, for public or commercial purposes without the express written permission of FITS and/or as provided in the FITS End User License agreement.
2. All text, data, graphics files, sound files and other materials contained in the Site, including the FITS Models, are copyrighted unless otherwise noted and are the property of FITS and/or a supplier to FITS. No such materials may be used except as provided in these Terms and Conditions and/or the FITS End User License Agreement.
3. All trade names, trademarks, and images and biographical information of people contained in the Site and/or the FITS Models, including without limitation the name and trademark “Folds In Tris™” are either the property of, or used with permission by, FITS. The use of these materials by you is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of these materials may violate the copyright, trademark, and other proprietary rights of FITS and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the owner thereof.
4. While FITS uses reasonable efforts to include accurate and up to date information in the Site, FITS makes no warranties or representations as to its accuracy. FITS assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with FITS and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from FITS. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to FITS, including, but not limited to, notes, text, drawings, images, designs or computer programs, to FITS, such submissions shall become, and shall remain, the sole property of FITS. No submission shall be subject to any obligation of confidence on the part of FITS. FITS shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. FITS shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER FITS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FITS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. FITS DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST ALL NECESSARY REPAIRS OR CORRECTIONS. FITS SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Marvelous Designer software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. FITS SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Marvelous Designer software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. FITS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER FITS IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. FITS ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE OR TERMINATE YOUR ACCOUNT SHOULD FITS DETERMINE THAT YOU ARE RESPONSIBLE FOR SUCH TERMINATION OF SERVICE, THAT YOU HAVE OTHERWISE VIOLATED THESE TERMS AND CONDITIONS, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF FITS. FITS RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR FITS’S PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION.
11. You agree to indemnify and hold FITS and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that FITS may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. FITS reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide FITS with such cooperation as is reasonably requested by FITS.
12. The provisions of these Terms and Conditions are for the benefit of FITS Entertainment, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
13. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14. These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Last updated August 19, 2015