Terms of Service
This entry was written in English. To the extent any translated version of the Terms conflicts with the English version, the English version controls.
1. Welcome to Fayma!
Thanks for your interest in our bespoke sewing patterns platform, which includes a Website and an Application (“the Services”).
By using our Services, you agree to these terms of service (“the Terms”). The Terms are a legally binding contract between us, so please read the Terms carefully.
As used in the Terms, "you" or "client" means the individual using the Services (and/or any individual or successor entity acting on your behalf), "we," "us" or "Fayma" means FAYMA Inc, and the "parties" means you and Fayma.
2. Changes to Terms of Service
3. Access to the Services
To access Services you must create an account (an "Account") and we must approve it.
Access to Services will be granted if you are at least 18 years of age.
We have the right to refuse or limit your access to the Services on the basis mentioned further in Terms.
You may only have one Account.
4. Using our Services
You may use our Services only as permitted by the Terms and any applicable laws.
You agree not to:
- use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website, Application or the Service;
- not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website, Application, or Service;
- not upload invalid data, viruses, worms or other software agents through the Service or Software;
- not collect any personally identifiable information, including account names, from the Service or Software;
- not to impersonate any other person;
- not to interfere with or disrupt the Service.
5. Specificity of the Service
The quality of the Services depends on the accuracy of the information you provide (namely your measurements). The system makes an initial check of compliance of the provided measurements. Therefore, all the necessary measurements are grouped into blocks (arms, torso, legs, etc.), since the system can only analyse the data compliance in the aggregate. In case the system finds a discrepancy, you will see a notification asking you to correct a specific measurement. If you confirm the measurements, the system will save them as correct and use them in building an individual pattern.
Fayma provides the quality of the provided service, i.e. the production of the pattern, on the basis of the measurements submitted to it by the customer. Thus Fayma emphasizes that the submission of accurate measurements is the responsibility of the customer. Fayma shall not be held liable or responsible for further actions, which the customer performs with the received service (pattern).
The Services are directed to those individuals located in the United States and European Union (EU). It is not directed to any person in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website or Application and their content, including its services, are unavailable or otherwise contrary to local laws or regulations.
Fayma makes no representation that the information on the Websites or Application is appropriate or that its services are available outside of the United States or the EU. Those who choose to access the Website or Application from other locations do so at their own risk and are responsible for compliance with applicable local laws.
7. Copyrights and Trademarks
All text, graphics, button icons, images, audio clips, video clips and software and other content and materials on the Websites or Application belong exclusively to FAYMA Inc. The collection, arrangement, and assembly of all content on this Website belong exclusively to Fayma. All software used on or in conjunction with the Websites or Application is the property of Fayma. All these components are all protected by international copyright laws and other laws. The use of our trademark or service marks in any way without our prior written consent is strictly prohibited. You may not use our trademark or service marks without our prior written consent; in connection with any product or service in any way that is likely to cause confusion; disparages or discredits us.
Except as specifically permitted by the Terms, you are only authorized to access, view, use, download, and print portions of the content of the Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. No right, title or interest in any of the materials contained on the Websites/Application is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of the Website/Application; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the websites without Fayma prior written permission.
8. Your Account
If you use Services, you are solely responsible for protecting the security and confidentiality of the password and account assigned to you and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person. You acknowledge that Fayma is not responsible for third party access to your account that results from theft or misappropriation of your account. You shall immediately notify us of any unauthorized use of your password or account or any other breach or threatened breach of the Services' security.
Given the nature of digital services, we do not provide any refunds.
10. Links to Third Party Sites
The Services are not intended for use by children under the age of 18. By creating an Account and using our Services you certify that you are at least 18 years of age.
12. Use of Communication Services
The website and application may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").
It is allowed to post, send and receive messages and material that are proper and related to the particular Communication Service.
When using Communication Services You agree not to :
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Communication Services;
- violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- collect information about others, including e-mail addresses, without their consent;
- violate any applicable laws or regulations.
Fayma has no obligation to monitor the Communication Services. However, we reserve the right to:
- review materials posted to a Communication Service and to remove any materials in its sole discretion;
- terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever;
- at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fayma does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fayma specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Fayma spokespersons, and their views do not necessarily reflect those of Fayma.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You agree to indemnify and to hold FAYMA Inc, its officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) relating to or arising out of your use of or inability to use the Services, violation of The Terms, violation of any rights of a third party, applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fayma in asserting any available defenses.
Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Any other dispute regarding us or our Services, which is not subject to arbitration, shall be governed by the laws of State of Delaware.
15. Limitation of Liability
Your use of the services provided on or in connection with the website and application is at your own risk. Fayma specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the content (even if Fayma has been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the websites or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the website or the application.
You can terminate your use of the Services at any time by canceling your Account through the Delete Account section under your Profile.
Fayma, in its sole discretion:
- at any time may discontinue providing the Services provided on the website or application or any part thereof, with or without notice.
- may immediately deactivate or delete your posted content and/or bar any further access to such files, the website, application, content or services provided on the website and application.
- may terminate your use of the services provided on the website and application, and remove and discard any content within the website and application, for any reason, including, without limitation, for lack of use or fayma believes that you have violated or acted inconsistently with the letter or spirit of the terms of service.
Any termination of your access to the services under any provision of the terms may be affected without prior notice and acknowledgement.
Fayma shall not be liable to you or any third-party for any termination of your access to the services. The Terms will continue to apply to your past use of the services. Termination of your access to and use of the services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Fayma.
No failure of Fayma to enforce any of its rights under these Terms will act as a waiver of such rights.
If any portion of any provision of the Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Terms shall remain in full force and effect.
The captions, headings, and paragraph numbers appearing in the Terms are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of the Terms, not in any way affecting them.
18. Contact Us
If you would like to report any violations of the Terms, please contact us at firstname.lastname@example.org.