TERMS OF SERVICE
Last Update: February 17, 2022
These Terms of Service (the “Terms”) govern your use of uDraper.com (the “Site”), its content, plugins, 3D garment files, 3D Draper project, software, documentation and related applications (collectively, the “Service”). Quakeup Media Production Inc., operating as triMirror (“we,” “us,” or “our”) owns and operates this Service. The term "you" refers to any user (individual or entity) of any part of the Service.
2. NEUTRAL VENUE
a) Venue. Our Service is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.
b) Third Parties. The Service contains references to third party websites and relies on third party services and content for support. We shall not be liable for any third party venues and cannot guarantee their performance. All third-party licensors retain all right, title and interest in and to their data, software and materials. Your use of any third party software is governed by their terms and conditions which may be different from our Terms. Nevertheless, the disclaimer of warranties and the limitation of liability provisions in our Terms shall apply to such third-party software to the extent it is permitted by their own terms and conditions. We do not monitor all content submitted to the Service. We shall not be liable for user submissions or any third-party content on the Service.
c) Open Source. Our Service contains open-sourced components, each of them being licensed to us under the terms of its own license which does not supersede these Terms.
d) Interactive Features. This Service includes interactive features that allow users to create derivative works and communicate with. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Service’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
e) Driving. Do not use the service in any manner that distracts you from driving or is illegal (e.g., in jurisdictions that do not allow the use of mobile devices while driving). We shall not be liable for your compliance with traffic laws. .
3. INTELLECTUAL PROPERTY
a) Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Service contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by international IP conventions. By using our Service, you do not acquire any of our IP rights. The Service is licensed to you, not sold. Nevertheless, you can view and print out this Service’s content for personal use. You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of our Service in the same form and manner that such copyright and other proprietary notices are included on the Service. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us. You acknowledge that your decision to use the Service is not contingent on the delivery of any future functionality or features, or dependent on any of our representations regarding future functionality or features.
b) License to the Service. Upon you signing up for an account and paying all applicable fees, we grant you a non-exclusive, non-transferable license to use our Service/software for your own personal or internal business purposes. You may not resell, distribute, reverse engineer, disassemble, decompile any part of the Service. Except for the licenses explicitly granted in these Terms, you do not acquire any other rights, title or interest in our Service, ownership of which is retained by us and our suppliers, as applicable.
c) Sample Files. Sample 3D garments, other assets, and content files (collectively, “Sample Files”) provided by us for use in tutorials, demonstrations, and for other trial purposes cannot be used for any other purpose than that for which they were provided. You do not acquire any rights in the Sample Files and you cannot distribute them in a way that allows them to be used as stand-alone files. Sample 3D garments may include materials/textures provided by third parties. Therefore, you must not use these textures/materials for any other purposes than learning the Service.
d) Content Files. You may use assets provided as part of the Service (“Content Files”) on a personal, non-exclusive, non-sublicensable, and non-transferable basis in order to incorporate into your own end use (“Work Product”). You may modify the Content Files prior to incorporating them into your Work Product. You may reproduce and distribute Content Files only in connection with your Work Product, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of your own Work Product.
e) Your Content. We do not claim ownership rights over your content. What’s yours remains yours. However, if you submit any content to the public areas of our Service, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. It is our policy not to solicit any creative ideas or suggestions. Nevertheless, we can use and implement any feedback that you voluntarily provide, without compensation to you. We have no confidentiality obligations with respect to any of the unsolicited content and we shall not be liable for any use or disclosure of any unsolicited submissions. If you access our Service, you may come across user-generated content that you find offensive or upsetting. Your sole remedy is to stop viewing the content. You may also report such content to us.
f) Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Service and we will investigate. We will promptly investigate claims of copyright infringement committed using our Service if such claims are reported at Contact us. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material or link you claim is infringing.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of your report:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
- “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
4. ACCEPTABLE USE POLICY
By visiting this Service, you represent and agree that:
a) You have a full capacity to enter into a legally binding agreement, such as these Terms.
b) All sales are final and we offer no refunds.
c) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
d) We reserve the right to terminate or suspend your access to our software for misusing the license type as set forth in Section 5.
e) We reserve the right to terminate your access for trying to install our software on unauthorized computers, if you tamper with protection mechanisms or use software after the expiration or termination of your subscription plan period.
f) You may not circumvent or remove any form of technical protection on our Service, install or access our Service with any authorization code not provided by us, reverse engineer, disassemble, decompile, or attempt to derive the source code of our software in any way.
g) You may not circumvent or remove any of our protection measures for managing, monitoring or controlling installation of or access to our Service.
h) If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
i) You will not use our Service in connection with any sexually explicit material, illegal drugs, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
j) You will ask for our permission before copying anything from our Service for republication.
k) You will not use our Service for anything illegal.
l) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
m) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Service.
n) You will not impede the proper functioning of the Service.
5. LICENSE TYPES
Our software is offered in three license types: Indie, Business and Academic. It will be at our sole discretion to decide whether you qualify for either one of these license types.
a) The Indie license is intended for use by individual creators or hobbyists, rather than for businesses or organizations, who use the software for personal use, and who are working on small-scale projects.
b) The Business license is intended for use by businesses or organizations, including corporations, and government agencies.
c) The Academic license is offered to educational institutions, faculty members, and students for non-commercial purposes.
a) You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
b) You hereby consent to: (i) us monitoring, storing and disclosing your user identifications, product codes, types, versions, and your hardware specifications as necessary within the scope of these Terms; (ii) allowing your computer to automatically, without additional notice, connect to the Internet in order to communicate with our systems in order to access certain hosted components of our software.
7. TERM AND TERMINATION
Your license to use our software expires at the end of the applicable subscription period, unless terminated sooner. Upon termination, all licenses granted to you cease, you may not access or retrieve any content in your account, and you must delete our software from your systems. If you terminate your account, your content may remain on our servers for some time. Termination of these Terms does not extinguish obligations undertaken prior to the effective date of termination. Provisions which by their nature shall survive the termination or expiration of these Terms (e.g., provisions on IP, confidentiality, disclaimer of warranties, limitation of liability, indemnification, etc.) shall so survive.
8. BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Service; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
9. SUBSCRIPTIONS AND FREE TRIALS
a) Registration. Users can create an account using email address, which must be confirmed using verification email from us. Subscriptions (with 14-day free trial) can be obtained by providing credit card number via our Shopify payment processor. Upon successful completion of the subscription process, the user receives instructions how to download and activate the Service. Also, our security server sends a separate email to that user with the License ID to allow the user to use the software on a single computer.
b) Free Trials. If you have signed up for a free trial and have provided your payment information, you must cancel your free trial before the end of your trial period to avoid being charged. We may, in our sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may only continue using the Service by enrolling in a paid subscription, if available, or as otherwise permitted by us. Free trials are provided on an “as is” basis, without any express or implied warranties. User’s credit card will be charged at the end of the trial period (14 days) unless user cancels before that. Credit card will continue being charged automatically based on the subscription plan selected (monthly, biyearly, or yearly). Users can cancel their subscription at any time via their personal account on our Site. We do not provide any refunds. It is users’ responsibility to test the product thoroughly during the free trial period.
c) Order Terms. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. We may occasionally modify or supplement our fees and billing methods, and such changes shall be effective immediately upon posting. If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment method(s) which you are authorized to use. You will not use false identity. We reserve the right to refuse any order for any reason. Purchases for resale are prohibited unless agreed in writing. Prices, offers, and selections on the Service are subject to change without notice. While we attempt to be as accurate as possible, we do not warrant that descriptions on our Service are 100% accurate, complete, reliable, or current.
d) Taxes. Unless specifically noted otherwise, prices posted on our Service may not include all applicable taxes, e.g., the sales tax. You agree to pay all fees and applicable taxes as required by law. By placing an order, you hereby agree that we have the right to automatically charge your payment method for the applicable additional fees and taxes.
e) Payment Processor. If paying through a third-party payment processor that we use, you are subject to their terms of service and privacy policies. We have no control over, and shall not be responsible for, any payment service's use of information they collect.
f) Auto-Renewing Subscriptions. Subscription will renew and credit card will continue being charged automatically based on the subscription plan frequency selected (monthly, biyearly, or yearly) unless you cancel at least five (5) days prior to the renewal date. Please monitor the remaining term of your subscription carefully. If you fail to timely renew, you may lose all your content.
g) Price Changes. We may change prices or institute new charges upon not less than thirty (30) days' notice to you. You are responsible for regularly reviewing such pricing information. Continued use of the Service or non-termination of your account after such thirty (30) day period constitutes your acceptance of the new prices.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) EVERYTHING WE PROVIDE ON THIS SERVICE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS SERVICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
b) WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
13. GOVERNING LAW
The Service is controlled, operated and administered from our offices within Canada. These Terms shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and the Federal Courts situate therein, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
14. ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute where the total amount of the award sought is less than $10,000 (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private, confidential, non-appearance-based, binding arbitration by a single arbitrator in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act 1991, (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
a) Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
b) Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
c) Hyperlinks. Linking to our Service is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
d) Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
e) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
f) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
g) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
16. CONTACT US
Please address your questions and feedback at Contact us page