Understanding Marvelous Designer

A Guide for CG Artists

Terms & Conditions

Understanding Marvelous Designer Web-Book
Terms & Conditions

PLEASE READ THIS AGREEMENT. This agreement between You and Wild Web Works, a Washington company, DBA Fearless Makers (hereafter referred to as Us or We) sets our legal rights concerning payments, credits, changes, limitations of liability and other important topics in regard to the Understanding Marvelous Designer web-book / website and associated functionality (hereafter referred to as UMD).

This agreement is effective as of the date of your acceptance. Subject to the terms and conditions of this agreement, we grant you a personal, revocable, limited, non-exclusive, non-transferable license to access and use UMD. If you do no agree with these terms, you may not access UMD.

Acceptable Use Policy

We grant you permission to use UMD as set forth in this agreement provided that YOU MAY NOT:

  • Access or attempt to access any of our systems, programs or data not available to the public;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
  • Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder;
  • Resell or distribute any UMD content;
  • Copy, reproduce, republish, post, license, reverse engineer, decompile, hack, modify or create derivatives of UMD;
  • Transfer your rights under this agreement;
  • Interfere with other clients or business operations;
  • Misuse UMD, or use it for any unlawful activity;
  • Violate the security of our computer network, attempt to gain unauthorized access, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;
  • Access our services for the purpose of monitoring availability, performance, functionality, benchmarking or any other competitive purpose;
  • Use UMD for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by UMD.

Subscriptions

Each UMD subscription account is single-user licensed to one specific individual and YOU MAY NOT share your account with others or permit others to use your account credentials to access UMD. There are technological measures in UMD that are designed to prevent unlicensed use of the software on multiple devices. Only one active connection is permitted per subscription account. YOU MAY NOT make any attempt to circumvent this licensing system.

Subscription terms are offered on an annual basis. There are no refunds, so please review the Table of Contents before purchasing.

Your subscription will not renew at the end of your subscription term. When your account expires, your account and any associated data will be deleted. You may choose to renew your subscription, at a reduced rate, on your account page.

Upgrades

UMD is a dynamic web-book that will be periodically updated. Existing content may be changed or deleted at our discretion. We make no guarantees that functionality that exists at this time will exist in the future. Any new functionality or content will be included in your subscription and be available without additional expense.

Termination

We may terminate your subscription, delete your account and any associated data that you have posted on UMD and/or prohibit you from using or accessing UMD (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time at our sole discretion, with or without notice. Notwithstanding any termination or expiration of your membership or your ceasing to use UMD, your obligations hereunder shall survive indefinitely.

Ownership & Liability

We reserve all rights to UMD and it is protected through copyright and intellectual property laws. The data you input into UMD, although stored on our servers, remains your property. We acquire no right, title or interest from you to your data including any intellectual property rights.

We will maintain appropriate administrative, physical and technical safeguards for the protection of the security, confidentiality and integrity of your data. Without your express permission, or as compelled by law, we will not modify your data, disclose your data or access your data.

You may never use another account with or without his or her express permission and you may not provide another person with the credentials to access your account. The only exception to this rule is a parent or guardian who creates an account on behalf of a minor child. When creating your account, you must provide accurate and complete information. The responsibility for the accuracy, quality and legality of your data is your sole responsibility. You must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.

It is your responsibility to keep your email address on your account up-to-date. The information will be used to contact you in the case of failed payment or other important notices.

UMD is provided “as-is” and to the maximum extent permitted by law, we disclaim all guarantees and warranties, whether express, implied or statutory regarding UMD, content, and related materials, including any warranty of fitness for a particular purpose.

We do not warrant that UMD is free from bugs, interruption or errors. We do not warrant that UMD will meet your requirements. You assume full responsibility for the use of all functionality and for verifying the resulting calculations. We are not engaged in rendering legal, accounting or other professional service. We expressly disclaim any representations or warranties that your use of UMD will satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or regulations.

Under no legal theory tort, or contract or otherwise will we be liable to you or any other person for any indirect, special, incidental, punitive, or consequential damages or for any damages relating to loss of business, computer failure or malfunction, the loss or corruption or theft of data, loss of profits or investment.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses UMD in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

UMD is controlled and offered by us from our office in the United States of America. We make no guarantees that UMD is appropriate or available for use in other locations. Those who access or use UMD from other jurisdictions do so at their own volition and are responsible for compliance with local law.

UMD may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party website which is linked to us. By using UMD, you expressly relieve us from any and all liability arising from your use of any third-party websites.

Privacy

Your information is confidential at our company. We will not share client information with third parties, except as required by law. You agree that we have the right to monitor our systems and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request. We do not intend to monitor or disclose any private e-mail message unless required by law. We reserve the right to refuse to post, or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this agreement.

Interruption in Service

We will make commercially reasonable efforts to make UMD available 24 hours a day, 7 days a week, except for scheduled maintenance or unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of Nature, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labor problems other than our own employees, Internet Service Provider failures or delays, or denial of service attacks. We provide the service only in accordance with applicable laws and government regulations.

Arbitration

In no event shall either party have any liability to the other party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability and whether or not the party has been advised of the possibility of such damages. This disclaimer shall not apply to the extent prohibited by applicable law.

You agree that disputes arising out of or related to this agreement will be arbitrated as opposed to court suit. This means that there will be no judge or jury and the rules are different. We both agree to the following:

Any controversy or claim arising out of or relating to this agreement or prior agreement for service or to any product or service provided under or in connection with this agreement or such a prior agreement will be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association (AAA).

Even if applicable law permits class actions or class arbitration, you waive any right to pursue on a class basis any such controversy or claim against us, or any of our affiliates or predecessors in interest, and we waive any right to pursue on a class basis any such controversy or claim against you. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be dismissed, stayed or severed. If claims are asserted against multiple parties, some of whom aren’t required to arbitrate, the claims not subject to arbitration must be severed.

Procedurally, no arbitrator may order consolidation or class arbitration. In all arbitration, the arbitrator will decide whether an issue is arbitrary or not. In a complex case arbitration, the arbitrators must apply the rules of evidence that would apply had the arbitration been commenced in a court having jurisdiction in the place of the arbitration (this means a federal court, if a federal court would have had jurisdiction, and otherwise the appropriate state court). In a complex case arbitration, the losing party may have the award reviewed by a review panel of three arbitrators. If for some reason these arbitration requirements don’t apply, you and we each waive, to the fullest extent allowed by law, any trial by jury. A judge will decide any dispute instead.

Accepting Terms of Use

You affirm that you are 18 years of age or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement.

If you are a parent or guardian 18 years of age or above and provide your consent and access for your child’s use of UMD you are agreeing to be bound by these terms and agree that you are responsible for all actions of your child.

Nudity

Due to the nature of UMD and its purpose to educate people on sewing and 3D graphics, there may be some nudity contained in the content. Examples consist of mannequins, 3-dimensional software models or any other model or form required to depict sewing and 3D graphic techniques. Any of these models may be included at any time wearing no clothing. None of these have detailed genitalia. Any human models used for demonstration will be covered in a way suitable for public viewing.

About This Agreement

If either of us waives any part of this agreement in one instance that won’t be a waiver of any other provision or any other instance. We may assign all or part of this agreement without notice, and you agree to make all subsequent payments as instructed. (Assignment will release us from all liability for the rights or duties involved.) You can’t assign any part of this agreement or any of your rights or duties without our prior written approval.

All written notices are considered delivered to you when emailed to the address we have for you at the time, or to us when emailed to the address below. You represent that you have the legal capacity to agree to this agreement. If you’re ordering for a company, you’re representing that you’re authorized to bind the company, and where the context requires, “you” in this agreement will mean that company.

If any part of this agreement is held invalid, that won’t have any effect on any other part, unless your or our rights or duties are materially impaired. You can’t rely on any other document or statement by anybody, and you have no other rights with respect to service under this agreement, except as specifically provided by law or in this agreement. This agreement isn’t for the benefit of any third party except our affiliates and predecessors and successors in interest.

Contact Information

Wild Web Works

dba: Fearless Makers

PO Box 2103

Vancouver WA 98668

lori@FearlessMakers.com

www.FearlessMakers.com