Legal Notice
Welcome to our legal notice page, outlining important terms and conditions for using our services.
INTRODUCTION AND SCOPE
• This agreement is between you and The Fabricant Agency B.V., Chamber of Commerce number 77357744, VAT number NL860982634B01 (“The Fabricant”).
• These terms (“Service Terms”) govern your use of the Fabricant’s digital fashion services which it makes available by its website platform, including creating digital fashion items (“Service”).
• If you use the Service on behalf of a company or other entity then “you” includes that entity, and you warrant that you are an authorized representative with the authority to bind that entity to the Service Terms.
• You represent that you comply will all applicable laws (including without limitation export laws and regulations) when using the Service and that you are an adult of the legal age of majority in your country of residence. If you are under the legal age of majority, your parent or legal guardian must consent to these Service Terms.
LICENSE TO USE THE SERVICE
• You agree to be bound by the Service Terms by clicking to accept these them as part of registration or by using The Fabricant’s Service in any way. If you do not agree to these Service Terms, you may not access or use the Service.
• The Fabricant grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to access and use the Service, provided you pay all fees or charges in accordance with The Fabricant’s fees, charges and billing terms in effect at the time a fee or charge is due and payable and otherwise fully comply with the Service Terms.
INTELLECTUAL PROPERTY
• The Service allows you to create or develop images, video, audio, audio visual, text, materials, and other content (“Content’) such as comprise digital fashion. You, and not The Fabricant, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through your use of the Services. Content also includes any images, video, audio, audio visual, text, materials, and other content that you create, develop or generate through use of the Services, other than the Services themselves. You represent and warrant that you have all rights, licenses, and permissions needed to provide your Content to and to use it for the Service.
• The Fabricant has no obligation to store any of your Content that you may provide in using the Services.
• The Service is proprietary to The Fabricant and its suppliers and licensors. You agree not to take any action inconsistent with such ownership interests. Except with respect to your Content, you agree that The Fabricant (and its licensors) owns all rights, title and interest in the Service.
• You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
USER BEHAVIOUR
• Users shall not: (i) violate any applicable laws or regulations, (ii) violate these Terms and or any instructions which The Fabricant publishes on its website concerning use of the Service (iii) infringe any intellectual property right of any third party (iv) use another user’s account without authorization; (v) use the Service in a manner that could be damaging to The Fabricant, for example by be offensive to a third party or in a way which overburdens the Service; and (v) copy, decode or reverse engineer any element of the Service;
• If The Fabricant considers that you are not using or have not used the Service properly, we may, without prejudice to all other rights, terminate, suspend or disable your access to and use of the Service. We will notify you by email to the email address given on registration about any restriction to your use of the Service.
DISCLAIMER
• To the extent permitted under applicable law, you agree that (a) the Service is provided "as is" without warranty of any kind; and (b) the Service may not be uninterrupted or error-free. The Fabricant expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Service.
• The Fabricant will not be responsible or liable for any loss of any kind in any way connected with use of the Service, including without limitation, any loss or claim arising from technical or system failure or data loss. The Fabricant has no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.
LIMITATION OF LIABILITY
• You understand and agree that, to the fullest extent provided by law, in no event shall The Fabricant be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not The Fabricant has been advised of the possibility of such damages, arising out of or in connection with this agreement, on any theory of liability, resulting from: (a) the use or inability to use the Service; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained; or messages received for transactions entered into through the Service; (c) unauthorized access to, loss, or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter related to the Service, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing limitation of liability shall not apply to The Fabricant’s liability of for (i) death or personal injury caused by its negligence; or for (ii) any injury caused by The Fabricant’s fraud.
• The maximum aggregate liability of The Fabricant for in any way related to or connected with the Service or the Service Terms shall not exceed the greater of (i) 50% of the fees you paid to The Fabricant in the 12 months prior to the action giving rise to the liability; or (ii) €1,000 (one thousand Euro).
• The limitations set out in this agreement do not apply for claims arising out of The Fabricant’s gross negligence (grove nalatigheid) or willful misconduct (opzet).
INDEMNIFICATION
• To the extent permitted under applicable law, you shall fully indemnify The Fabricant and its officers, agents and employees and consultants for any damage, cost, expense, fee, fine, penalty and or loss of whatever nature which is due to, connected with and or resulting from any award, claim or threat of claim related to (a) your Content or use of the Service; (b) your violation or alleged violation of any third party right; and (c) your violation or alleged violation of any law or regulation or these Service Terms.
• You shall inform The Fabricant of any third party claim promptly and fully cooperate on request and at your expense to assist The Fabricant in evaluating and responding to any such claim.
SUPPORT
• If you experience a technical issue in relation to the Service, please report it to The Fabricant’s email address as is notified from time to time on The Fabricant’s website.
• The Fabricant will use reasonable efforts to respond promptly to a request for support.
PRIVACY
• When you apply to use and use the Service, The Fabricant collects personal information such as your name, email address and usage data, including through cookies.
• You consent to The Fabricant collecting your personal data and using cookies for its business purposes.
• The Fabricant processes personal information in compliance with applicable law and in accordance with its Privacy Policy.
TERMINATION AND SUSPENSION
• If you purchase a subscription to the Service, The Fabricant will automatically charge your payment method each renewal period for the then-current subscription fee until you cancel or when terminated in accordance with this Agreement.
• The Fabricant may at any time suspend, disable, remove or restrict your ability to access or use the Service. Where The Fabricant takes such action, it will use reasonable efforts to inform you, such as by sending an email to the last email address you provided to the Fabricant.
• You may terminate your agreement with The Fabricant at any time by deleting your account.
MISCELLANEOUS
• Any failure or delay by The Fabricant in exercising any right or remedy provided by law or these Service Terms shall not impair the right or remedy, nor operate as a waiver or variation of it, nor preclude its exercise at any subsequent time.
• The Fabricant reserves the right to change and amend the Service Terms. Any changes or amendments will come into effect when they have been published and notified to you. Should you not accept any revised Service Terms, you must stop using the Service.
• The Fabricant shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, health emergency or pandemic, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
• The parties have agreed to draw up this agreement in English.
• This agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
APPLICABLE LAW AND DISPUTE RESOLUTION
• This agreement is subject to laws of The Netherlands without regard to its conflict of law provisions.
• The District Court of Amsterdam The Netherlands shall have exclusive jurisdiction over any dispute.
• This agreement is between you and The Fabricant Agency B.V., Chamber of Commerce number 77357744, VAT number NL860982634B01 (“The Fabricant”).
• These terms (“Service Terms”) govern your use of the Fabricant’s digital fashion services which it makes available by its website platform, including creating digital fashion items (“Service”).
• If you use the Service on behalf of a company or other entity then “you” includes that entity, and you warrant that you are an authorized representative with the authority to bind that entity to the Service Terms.
• You represent that you comply will all applicable laws (including without limitation export laws and regulations) when using the Service and that you are an adult of the legal age of majority in your country of residence. If you are under the legal age of majority, your parent or legal guardian must consent to these Service Terms.
LICENSE TO USE THE SERVICE
• You agree to be bound by the Service Terms by clicking to accept these them as part of registration or by using The Fabricant’s Service in any way. If you do not agree to these Service Terms, you may not access or use the Service.
• The Fabricant grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to access and use the Service, provided you pay all fees or charges in accordance with The Fabricant’s fees, charges and billing terms in effect at the time a fee or charge is due and payable and otherwise fully comply with the Service Terms.
INTELLECTUAL PROPERTY
• The Service allows you to create or develop images, video, audio, audio visual, text, materials, and other content (“Content’) such as comprise digital fashion. You, and not The Fabricant, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through your use of the Services. Content also includes any images, video, audio, audio visual, text, materials, and other content that you create, develop or generate through use of the Services, other than the Services themselves. You represent and warrant that you have all rights, licenses, and permissions needed to provide your Content to and to use it for the Service.
• The Fabricant has no obligation to store any of your Content that you may provide in using the Services.
• The Service is proprietary to The Fabricant and its suppliers and licensors. You agree not to take any action inconsistent with such ownership interests. Except with respect to your Content, you agree that The Fabricant (and its licensors) owns all rights, title and interest in the Service.
• You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
USER BEHAVIOUR
• Users shall not: (i) violate any applicable laws or regulations, (ii) violate these Terms and or any instructions which The Fabricant publishes on its website concerning use of the Service (iii) infringe any intellectual property right of any third party (iv) use another user’s account without authorization; (v) use the Service in a manner that could be damaging to The Fabricant, for example by be offensive to a third party or in a way which overburdens the Service; and (v) copy, decode or reverse engineer any element of the Service;
• If The Fabricant considers that you are not using or have not used the Service properly, we may, without prejudice to all other rights, terminate, suspend or disable your access to and use of the Service. We will notify you by email to the email address given on registration about any restriction to your use of the Service.
DISCLAIMER
• To the extent permitted under applicable law, you agree that (a) the Service is provided "as is" without warranty of any kind; and (b) the Service may not be uninterrupted or error-free. The Fabricant expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Service.
• The Fabricant will not be responsible or liable for any loss of any kind in any way connected with use of the Service, including without limitation, any loss or claim arising from technical or system failure or data loss. The Fabricant has no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.
LIMITATION OF LIABILITY
• You understand and agree that, to the fullest extent provided by law, in no event shall The Fabricant be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not The Fabricant has been advised of the possibility of such damages, arising out of or in connection with this agreement, on any theory of liability, resulting from: (a) the use or inability to use the Service; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained; or messages received for transactions entered into through the Service; (c) unauthorized access to, loss, or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter related to the Service, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing limitation of liability shall not apply to The Fabricant’s liability of for (i) death or personal injury caused by its negligence; or for (ii) any injury caused by The Fabricant’s fraud.
• The maximum aggregate liability of The Fabricant for in any way related to or connected with the Service or the Service Terms shall not exceed the greater of (i) 50% of the fees you paid to The Fabricant in the 12 months prior to the action giving rise to the liability; or (ii) €1,000 (one thousand Euro).
• The limitations set out in this agreement do not apply for claims arising out of The Fabricant’s gross negligence (grove nalatigheid) or willful misconduct (opzet).
INDEMNIFICATION
• To the extent permitted under applicable law, you shall fully indemnify The Fabricant and its officers, agents and employees and consultants for any damage, cost, expense, fee, fine, penalty and or loss of whatever nature which is due to, connected with and or resulting from any award, claim or threat of claim related to (a) your Content or use of the Service; (b) your violation or alleged violation of any third party right; and (c) your violation or alleged violation of any law or regulation or these Service Terms.
• You shall inform The Fabricant of any third party claim promptly and fully cooperate on request and at your expense to assist The Fabricant in evaluating and responding to any such claim.
SUPPORT
• If you experience a technical issue in relation to the Service, please report it to The Fabricant’s email address as is notified from time to time on The Fabricant’s website.
• The Fabricant will use reasonable efforts to respond promptly to a request for support.
PRIVACY
• When you apply to use and use the Service, The Fabricant collects personal information such as your name, email address and usage data, including through cookies.
• You consent to The Fabricant collecting your personal data and using cookies for its business purposes.
• The Fabricant processes personal information in compliance with applicable law and in accordance with its Privacy Policy.
TERMINATION AND SUSPENSION
• If you purchase a subscription to the Service, The Fabricant will automatically charge your payment method each renewal period for the then-current subscription fee until you cancel or when terminated in accordance with this Agreement.
• The Fabricant may at any time suspend, disable, remove or restrict your ability to access or use the Service. Where The Fabricant takes such action, it will use reasonable efforts to inform you, such as by sending an email to the last email address you provided to the Fabricant.
• You may terminate your agreement with The Fabricant at any time by deleting your account.
MISCELLANEOUS
• Any failure or delay by The Fabricant in exercising any right or remedy provided by law or these Service Terms shall not impair the right or remedy, nor operate as a waiver or variation of it, nor preclude its exercise at any subsequent time.
• The Fabricant reserves the right to change and amend the Service Terms. Any changes or amendments will come into effect when they have been published and notified to you. Should you not accept any revised Service Terms, you must stop using the Service.
• The Fabricant shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, health emergency or pandemic, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
• The parties have agreed to draw up this agreement in English.
• This agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
APPLICABLE LAW AND DISPUTE RESOLUTION
• This agreement is subject to laws of The Netherlands without regard to its conflict of law provisions.
• The District Court of Amsterdam The Netherlands shall have exclusive jurisdiction over any dispute.