Terms of service

  1. ACCEPTANCE OF THE TERMS OF SERVICE

These Terms of Service (“Terms”, “Terms of Service”) are entered into by and between You and Freddy Freed Inc., DBA Atelier Society Inc. (“Company,” “ Atelier Society”, “we,” or “us”). These Terms together with our Privacy Policy and any documents they expressly incorporate by reference, govern your access to and use of https://ateliersociety.com (the “Website”), including any content, functionality, products, and services, such as the mobile applications, provided Atelier Society (collectively “Service(s)”)

Please read these Terms and Privacy Policy carefully before you start to use our Services. By using the Website and/or our Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.ateliersociety.com, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.

This Website and any of Atelier Society Services are offered and available to: (i) users who are 18 years of age or older (or the equivalent minimum age in the relevant jurisdiction; e.g., 20 years old in Japan); (ii) users who reside in countries where Service is available (see “Geographic Restrictions. Export Controls & Sanctions” section below). By using this Website or any of   Atelier Society Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and/or Services.


These Terms are the general terms and conditions on which we supply all our Services. Some of our paid Services, which we market for subscription, may be subject to additional terms and conditions, service and/or license agreements or such other applicable agreement between you and   Atelier Society relating to your access to and use of such Services (“Service Agreements”). In the event of any conflict between the terms and conditions of these Terms of Service and the terms and conditions of any Service Agreement, the respective Service Agreement shall prevail.

2. CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Services thereafter.

Your continued use of the Website and/or the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

3. ACCESSING THE WEBSITE AND SERVICES & ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website and/or the Services.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
  • Some of our paid Services, which we market for subscription, may be subject to additional Service Agreements, which are intended to highlight some important things about using different types of our Services. These Service Agreements (if applicable to you) form an integral part of these Terms of Service and are hereby incorporated therein.

To access the Website or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You agree to use our Website and Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. 

We have the right to disable any user name, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

4. INTELLECTUAL PROPERTY RIGHTS

The Website, the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by 3DLOOK, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website and/or the Services for your personal, non-commercial use only, unless otherwise expressly agreed in the respective Service Agreement with you. 


You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website and/or the Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we may provide social media features (as described below) with certain content, you may take such actions as are enabled by such features.


You must not:

  • Modify copies of any materials from this Website and/or the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or modify, reproduce or distribute any of the content, intellectual property, trademark, service mark, logo, or the design or layout of our Website or our Services, or individual sections of the content, design or layout of the Website or our Services without our express prior written permission.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website and/or the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or the Service in breach of the Terms of Service, your right to use the Website and/or the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Services, or any content on the Website or Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service (and/or the respective Service Agreement, if applicable) is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

5. TRADEMARKS

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website and/or the Services are the trademarks of their respective owners. Unauthorized use of any of our intellectual property, trademark, service mark, logo, or other material may constitute a violation of international legislation, federal and state laws. 

6. PROHIBITED USE

You may use the Website and/or the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website and/or the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any sanctions restrictions).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or the Services, or which, as determined by us, may harm the Company or users of the Website and/or the Services or expose them to liability.
  • Additionally, you agree not to:
    • Use the Website and/or the Services in any manner that could disable, overburden, damage, or impair the site, the app or interfere with any other party’s use of the Website and/or the Services, including their ability to engage in real-time activities through the Website and/or the Services.
    • Use any robot, spider, or other automatic device, process, or means to access the Website and/or the Service for any purpose, including monitoring or copying any of the material on the Website and/or the Service.
    • Use any manual process to monitor or copy any of the material on the Website or contained in the Service or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website and/or the Services.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and/or the Services, the server on which the Website and/or the Service is stored, or any server, computer, or database connected to the Website and/or the Service.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website and/or the Services.

 

7. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or the Service.
  • Terminate or suspend your access to all or part of the Website and/or the Service for any or no reason, including without limitation, any violation of these Terms of Service.
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and/or the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  • However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

8. PAYMENT 

Some of our Services are paid. We may offer several subscription or membership plans, including special promotional plans. Whenever Services are available for purchase from   Atelier Society, the Services shall include specific terms, conditions, and policies applicable to your purchase of those Services. These conditions will be disclosed in the relevant Service Agreement and/or the sign-up form. 

We may also provide free trials for some Services. The duration of the free trial period will be specified during sign-up and is intended to allow new users to try the Service. The Company determines free trial eligibility at its sole discretion, and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in case if we determine that you are not eligible.

9. GEOGRAPHIC RESTRICTIONS. EXPORT CONTROLS & SANCTIONS 

The owner of the Website and the Service is based in the United States. We provide this Website and/or the Services for use by persons/entities located in the United States and its territories or possessions, as well as persons/entities outside the United States. We make no claims that the Website or any of its content is accessible or appropriate outside the United States. Access to the Website and/or the Services may not be legal by certain persons/entities or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Our Services may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the US Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You must comply with all UN, EU, US, and any other applicable jurisdiction’s trade and economic sanctions laws, regulations, embargoes, or similar restrictive measures (“Sanctions Laws”). You represent and warrant that you are (1) not located in any country or region to which the UN, EU, or US has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable, Sanctions Laws, export or re-export control laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from  Atelier Society under the applicable Service Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

10. GOVERNING LAW AND JURISDICTION

All matters relating to the Website, the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service, the Services or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Communication

If you send us comments in any form (whether mail, email, comments, etc.) we can use them at any time in any way we want. We aren’t obligated to keep your communication private, provide compensation, or respond to your communication. Comments must not be illegal or violate copyright laws, privacy policy, etc. or be libelous. You cannot pretend to be someone other than yourself or mislead us or anyone else. And we don’t take responsibility for any comments posted by a third party.

12. Text Marketing & Notifications

By consenting to Atelier Society’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at support@ateliersociety for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

13. Provision of Purchased Services.

For apparel stores (“Retailer”) or authorized representative of an apparel stores (“Retailer”) that have purchased Atelier Society’s Services, Atelier Society will (a) make the Services and Content available pursuant to this Agreement, and the applicable Order Forms and Documentation, (b) provide applicable Atelier Society standard support for the Purchased Services at no additional charge, and/or upgraded support if purchased, (c) use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Atelier Society shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Atelier Society’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, Non- Atelier Society Application, or denial of service attack, and (d) provide the Services in accordance with laws and government regulations applicable to Atelier Society’s provision of its Services to its Retailers generally (i.e., without regard for Retailer’s particular use of the Services), and subject to Retailer’s and Users’ use of the Services in accordance with this Agreement, the Documentation and the applicable Order Form.

 

14. Beta Services

From time to time, Atelier Society may make Beta Services available to Retailers at no charge at its sole discretion. If you are a Retailer, you may choose to try such Beta Services or not at your sole discretion. Any use of Beta Services is subject to the Beta Services terms. Notwithstanding the “Representations, Warranties, Exclusive Remedies and Disclaimers” section and “Indemnification by Atelier Society” section below, during the BETA Services trial the services are provided “as-is” without any warranty and Atelier Society shall have no indemnification obligations nor liability of any type with respect to the services for the free trial period unless such exclusion of liability is not enforceable under applicable law in which case Atelier Society’s liability with respect to the services provided during the free trial shall not exceed $100.00. Without limiting the foregoing, Atelier Society and its affiliates and its licensors do not represent or warrant to Retailer that: (a) Retailer’s use of the services during the free BETA trial period will meet Retailer’s requirements, (b) Retailer’s use of the services during the free trial period will be uninterrupted, timely, secure or free from error, and (c) usage data provided during the free trial period will be accurate. Notwithstanding anything to the contrary in the “limitation of liability” section below, Retailer shall be fully liable under this agreement to Atelier Society and its affiliates for any damages arising out of Retailer’s use of the services during the free trial period, any breach by Retailer of this agreement and any of Retailer’s indemnification obligations hereunder.

 

15. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS

  • a.    Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
  • b.    Warranties. Atelier Society warrants that during an applicable subscription term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Retailer’s Data, (b) Atelier Society will not materially decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation. For any breach of a warranty above, Retailer’s exclusive remedies are a Refund upon Termination.
  • c.     Disclaimers. Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Services provided free of charge, content and BETA Services are provided “as is,” and as available exclusive of any warranty whatsoever.

16. INDEMNIFICATION

  • a.    Indemnification by Atelier Society. If you are Retailer who has purchased Atelier Society’s services, Atelier Society will defend your store against any claim, demand, suit or proceeding made or brought against your store by a third party alleging that any purchased service provided by Atelier Society infringes or misappropriates such third party’s intellectual property rights (a “Claim Against Retailer”), and will indemnify Retailer from any damages, attorney fees and costs finally awarded against Retailer as a result of, or for amounts paid by Retailer under a settlement approved by Atelier Society in writing of, a Claim Against Retailer, provided Retailer (a) promptly gives Atelier Society written notice of the Claim Against Retailer, (b) gives Atelier Society sole control of the defense and settlement of the Claim Against Retailer (except that Atelier Society may not settle any Claim Against Retailer unless it unconditionally releases Retailer of all liability), and (c) gives Atelier Society all reasonable assistance, at Atelier Society’s expense. If Atelier Society receives information about an infringement or misappropriation claim related to a Service, Atelier Society may in its discretion and at no cost to Retailer (i) modify the Services so that they are no longer claimed to infringe or misappropriate, without breaching Atelier Society’s warranties under “Atelier Society Warranties” above, (ii) obtain a license for Retailer’s continued use of that Service in accordance with this Agreement, or (iii) terminate Retailer’s subscriptions for that Service upon 30 days’ written notice and refund Retailer any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply if (I) the allegation does not state with specificity that the Services are the basis of the Claim Against Retailer; (II) a Claim Against Retailer arises from the use or combination of the Services or any part thereof with software, hardware, data, or processes not provided by SFDC, if the Services or use thereof would not infringe without such combination; (III) a Claim Against Retailer arises from Services under an Order Form for which there is no charge; or (IV) a Claim against Retailer arises from Content, a Non- Atelier Society Application or Retailer’s breach of this Agreement, the Documentation or applicable Order Forms.
  • b.    Indemnification by Retailer. Retailer who have purchased Atelier Society’s services or have used Atelier Society’s BETA will defend Atelier Society and its Affiliates against any claim, demand, suit or proceeding made or brought against Atelier Society by a third party (a) alleging that the combination of a Non- Atelier Society Application or configuration provided by Retailer and used with the Services, infringes or misappropriates such third party’s intellectual property rights, or (b) arising from (i) Retailer’s use of the Services or Content in an unlawful manner or in violation of the Agreement, the Documentation, or Order Form, (ii) any Retailer Data or Retailer’s use of Retailer Data with the Services, or (iii) a Non- Atelier Society Application provided by Retailer(each a “Claim Against Atelier Society”), and will indemnify Atelier Society from any damages, attorney fees and costs finally awarded against SFDC as a result of, or for any amounts paid by Atelier Society under a settlement approved by Retailer in writing of, a Claim Against SFDC, provided SFDC (A) promptly gives Retailer written notice of the Claim Against SFDC, (B) gives Retailer sole control of the defense and settlement of the Claim Against Atelier Society (except that Retailer may not settle any Claim Against Atelier Society unless it unconditionally releases Atelier Society of all liability), and (C) gives Retailer all reasonable assistance, at Retailer’s expense. The above defense and indemnification obligations do not apply if a Claim Against Atelier Society arises from Atelier Society’s breach of this Agreement, the Documentation or applicable Order Forms.
  • c.     Exclusive Remedy. This “Mutual Indemnification” section states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party claim described in this section.

17. LIMITATION OF LIABILITY

  • a.    Limitation of Liability. In no event shall the aggregate liability of each party together with all of its affiliates arising out of or related to this agreement exceed the total amount paid by Retailer and its affiliates hereunder for the services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but will not limit Retailer's who have purchased or used Atelier Society’s services and its affiliates’ payment obligations under the “fees and payment” section above.
  • b. Exclusion of Consequential and Related Damages. In no event will either party or its affiliates have any liability arising out of or related to this agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party’s or its affiliates’ remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.