triMirror terms of service

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.
 
This triMirror.com Terms of Use (the "Terms of Use") is an agreement between you ("You") and triMirror (the "Company"). "We" and "Us" means both you and the Company. This Agreement describes the terms and conditions applicable to your use of the Company's services available under the domain and subdomains of triMirror.com (the "Site"). These Terms of Use, together with our Privacy Policy, govern our relationship with you in relation to the Site. Your use of the Site constitutes your contractually binding acceptance of this Terms of Use, including any modifications that we make. If you do not agree to be bound by the terms and conditions of this Terms of Use, or if you are under 13 years of age, do not use the Site or access our services. This Terms of Use was last amended on March 4, 2014.
 
Limitation of Liability and Disclaimers THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, (COLLECTIVELY THE "COMPANY AND ITS ASSOCIATES") DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO ACCUARACY, COMPLETENESS, LEGALITY, RELIABILITY, UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY INFORMATION, MATERIAL, DATA, TEXT, DISCUSSION BOARDS, CHAT ROOMS, FORUMS, FORUM CONTENT, VIDEO, RENDERING, STREAMING, SOFTWARE, PROGRAMS, COMPUTER SCRIPTS, MOBILE APPLICATIONS, OR ANY OTHER CONTENT APPEARING ON THE SITE (COLLECTIVELY THE "SITE CONTENT"). THE SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN "AS IS" BASIS. THE SITE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED AND IS TO BE RELIED UPON AT YOUR OWN RISK.
 
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE SITE CONTENT. SITE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
 
IN NO EVENT WILL THE COMPANY AND ITS ASSOCIATES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM OR ARISING UNDER ANY CAUSE IN CONNECTION WITH YOUR USE OF, MISUSE OF, OR, RELIANCE ON THE SITE, OR ON SITE CONTENT WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY'S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.
 
SITE CONTENT SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THE SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.
 
triMirror Services The Site provides users the ability to virtually try on real-life garments and other products that have been modelled into 3D onto the users’ customizable body avatars and to view the fitting in various environments and lighting, and in various avatar poses and animations, as well as the ability to create, share, publish, circulate, post, and communicate images and videos of such try-ons (to obtain fitting advice, to compete in triMirror contests, or for other purposes) at the user’s sole discretion on social media websites controlled by triMirror or on social media websites controlled by third parties (collectively "the Service"). The user acknowledges and accepts that the Service is solely offered in order to provide users with an approximation of the appearance and behaviour of the: real garments, other products, user’s avatar and measurements, various environments and lighting, avatar poses and animations, and real products fitted onto the user’s avatar. triMirror does not guarantee the accuracy of such approximation, the quality, proper operation or the fitness of the Service for any specific uses. We provide no warranty that the Service is accurate, up to-date or complete and you are responsible for independently verifying the appearance and behaviour of the above if you intend to rely upon or use it in any way. The Service includes information provided to us by third parties. You use the Service at your own risk.
 
The Service is a public venue. Any information, data, photo, video, text, or other material that is submitted using the Service ("Content"), is the sole responsibility of the person from which such Content originated from. You understand that the Company does not pre-screen or otherwise control the Content and therefore the Company cannot and does not guarantee the integrity, accuracy or quality of the Content. When using the Service, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained on the Service may not be reliable, and it is not a good idea to trade or make any decisions based solely or largely on information you cannot confirm. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SITE CONTENT.
 
triMirror Services are always evolving and the form and nature of the Services that it provides may change from time to time without prior notice to you. In addition, triMirror may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
 
You do not need to register as a user if you wish to simply read or view the Content.
 
Restrictions on Content and Use of the Services We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users. We reserve the right to decide whether Content violates these Terms of Use. triMirror may at any time, without prior notice and in its sole judgment, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use and deny such user any future access to the Service.

 

Premium Services


 
triMirror provides premium services to holders of its 'VIP' or ‘Fashion Guru’ ("premium") accounts. Premium account holders can purchase extra time in the real-time animated fitting room, less waiting time for available fitting rooms, and other VIP perks to be announced at triMirror’s sole discretion. triMirror may modify, suspend or discontinue Services provided to premium account holders at any time at its sole discretion and without prior notice.
 

Fair Usage Policy

TriMirror maintains a fair usage policy to ensure stable and fast service to all users. Real-time animated streaming time may be limited to free and premium accounts at triMirror’s sole discretion.   DISPUTE RESOLUTION AND ONTARIO LAW APPLIES You hereby consent and submit to the EXCLUSIVE jurisdiction of the courts of the province of Ontario in any action or proceeding related to the Site or Site Content and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada. The laws of the province of Ontario and the laws of Canada applicable therein shall govern use of the Site and the interpretation, validity and effect of this Agreement, and shall be treated in all respects as an Ontario contract, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to the Site, the Content, or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Company or its licensors. We have required that this Terms of Use and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
 
WAIVER OF JURY TRIAL YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT OF A JURY TRIAL IN ANY ACTIONS, PROCEEDINGS, OR SUITS THAT ARISE OUT OF OR RELATE TO THESE TERMS OF USE AND THE MATTERS CONTEMPLATED HEREBY.
 
INDEMNITY You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of: (i) any information or other content You provide on or through the Site or by e-mail or other correspondence; or (ii) Your use or misuse of the Content or the Site, including without limitation infringement claims.
 
CONTENT LINKED TO BY TRIMIRROR This Site may include hyperlinks to other websites which are not maintained by triMirror, such as to ecommerce websites where users can purchase the real garments they have virtually tried on through the Site. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by triMirror of those websites or any products or services referred to therein. The terms of use and Privacy Policy applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and triMirror will have no liability for any loss or damage arising from your access or use of any external website. Since triMirror is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
 
Any interaction with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals and/or organizations. You agree that triMirror shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. In the event that you have a dispute with any individuals and/or organizations, you hereby release triMirror, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Site.
 
LINKING TO TRIMIRROR Images of the triMirror logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that triMirror approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
 
We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the triMirror logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the triMirror logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
 

OWNERSHIP AND COPYRIGHT 

You acknowledge that any and all information, content, videos, 3D objects, comments, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features (the "Website Design") are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and the terms of this Terms of Use. 

PERMITTED USE 

The Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Site Content. 

RESTRICTIONS ON USE 

You agree that You will NOT: 

(i) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or 

(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Terms of Use shall not apply to the limited extent the restrictions are prohibited by applicable law; or 

(iii) use triMirror mobile applications in systems where their failure to perform can reasonably be expected to result in any physical or economic loss. Any such use by you is entirely at your own risk, and you agree to hold the Company harmless from any and all claims or losses relating to such unauthorized use.

LICENSE TO USE YOUR CONTENT PROVIDED ON OR THROUGH THE SITE 

With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, and to authorize such acts, any information or other content You provide on or through the Site or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above. 

PRIVACY 

All of the information that We collect from you, such as registration information, is subject to our Privacy Policy. It is available at: http://3d.trimirror.com/about/privacy-policy/. If you object to your personal information being transferred or used in this way, then do not provide us with any personal information and do not use the Site. When You submit information to us by email you automatically consent to the exchange of information and documents between Us electronically by e-mail. 
GENERAL
 
Entire Agreement 
This Terms of Use in electronic form shall be the equivalent of an original written paper agreement between Us. The Terms of Use as it may be amended from time to time, and any and all other notices marked as “LEGAL NOTICE:” on the Site, constitute the entire agreement between You and the Company. 

Amendment and Waivers 
The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Site. You are responsible for periodically reviewing the amendments on the Site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Site. Access to the Site or use of the Site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless signed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 

Interpretation 
The division of this Terms of Use into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Terms of Use with the exception of using the headings to identify the clauses that shall survive the termination of this Terms of Use in accordance with this Terms of Use. In this Terms of Use, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. 

Severability 
Any provision of this Terms of Use which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction. 

Termination 
This Terms of Use is effective until terminated by the Company, with or without cause, in the Company's sole and unfettered discretion. The Company may terminate this Terms of Use without notice to You. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The sections under the headings; Limitation of Liability and Disclaimers, Dispute Resolution and Ontario Law Applies, Ownership and Copyright', 'License to Use Your Content', 'Indemnity', 'Interpretation', and 'Termination', shall survive the termination or expiry of this Terms of Use.
 
Notices 
If you have any questions, concerns or complaints with respect to the Site or Site Content you may contact us by submitting your message at http://3d.trimirror.com/contact/. 

© triMirror, 2014, Ontario, Canada. triMirror is a trade-name of Quakeup Media Production, Inc.,The triMirror logo is a trademark of Quakeup Media Production, Inc. All rights reserved.