TERMS AND CONDITIONS: THE FABRICANT
ACCEPTANCE OF CONTRACT TERMS
Welcome to the Fabricant’s website.
The following are terms of a legal agreement (“Agreement”) between you and The Fabricant. ("The Fabricant"). By accessing, downloading files, browsing and/or using this site ("Site"), you acknowledge that you have read, understood and agree to be bound by these terms, and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including but not limited to, Dutch copyright law and international treaties. This Site is controlled and operated by The Fabricant from its offices and servers within the Netherlands. The Fabricant makes no representation that materials on the Site are appropriate or available for use in other locations. Access to the materials on this Site from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
RESTRICTIONS OF USE OF MATERIALS
Except as expressly licensed to you in this Agreement, the copyright in all material provided on this Site is held by The Fabricant or by the original creator of the material. Except as stated in this Agreement, none of the material included in this Site may be copied, reproduced, printed, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of The Fabricant or the copyright owner. Permission is granted to download, display, make derivative work, and distribute the materials including but not limited to 3D CLO3D project files, OBJ files, FBX files, and PNG/JPEG images from this Site for personal, non-commercial use provided you retain all copyright and other proprietary notices contained in the materials
For greater certainty, the following are prohibited uses and you shall not: - use the material in design template applications intended for resale; - advertising and promotional projects, fashion clothing, including printed materials, presentations, film and video presentations, broadcast, and commercials; - online or electronic publications; - use the material in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit; - use any of the material as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo; - incorporate the material in any product that results in a re-distribution or re-use of the material or is otherwise made available in a manner such that a person can extract or access or reproduce the material as an electronic file; - use the material in a fashion that is considered by The Fabricant (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the material into disrepute; - remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the material; - sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the material or the rights granted under this Agreement. If the material is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the material contrary to the terms of this Agreement, and (ii) in such event, upon The Fabricant’s request, you shall remove any material from such platform or website, (iii) The Fabricant should receive adequate attribution on the social media platform or other third parties website by including a link to The Fabricant Site.
This permission terminates automatically if you breach any of these terms or conditions. Upon termination you are obliged to immediately destroy any downloaded and/or printed materials. You also may not, without The Fabricant's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of The Fabricant and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the trademark owner. The Fabricant \enforces its intellectual property rights to the fullest extent permitted by the law. The name of The Fabricant legal entity or the The Fabricant logo may not be used in any form, including advertising or public display pertaining to distribution of materials on this Site without prior written permission.
DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE INCLUDING BUT NOT LIMITED TO 3D FILES FOUND ON THE PRODUCTS PAGE OF THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THE FABRICANT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE FABRICANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE FABRICANT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THE FABRICANT OR A THE FABRICANT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by The Fabricant or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane or any other material that could give rise to any civil or criminal liability under the law.
TERM OF USE REVISIONS
APPLICABLE LAW AND DISPUTE RESOLUTION
The formation, construction, performance and enforcement of this Agreement shall be made in accordance with the laws of the The Netherlands without regard to its conﬂict of law provisions. In case of a dispute, the competent court of Amsterdam The Netherlands shall have exclusive jurisdiction over such dispute.