TERMS OF SERVICE
Before using our services, you should read these Terms of Service. If You do not agree with the terms of this Agreement, do not use or discontinue to use the Service. GarageFarm.NET reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. DESCRIPTION OF SERVICE
The Service includes, and is limited to, a service, web site, chat, desktop application or mobile application that allows You access to and use of a single GarageFarm.NET Account. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. Subject to these Terms of Service, GarageFarm.NET grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the content of the Service for purposes of using the Service. Use, reproduction, modification, distribution or storage of any content of the Service for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content of the Service for commercial use or in any way that violates any third party right.
A “GarageFarm.NET Account” or “Account” referred to herein means a service, web site, chat, desktop application or mobile application, provided by GarageFarm.NET, where You may use Web Manager, RenderBeamer, and Plugins to upload and download files over to our servers and manage your projects online through provided web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from GarageFarm.NET, such as service announcements, product updates, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by GarageFarm.NET for use in accessing the Service. GarageFarm.NET will provide the Service in accordance with this Agreement. GarageFarm.NET may at its sole discretion modify the features of the Service from time to time without prior notice.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide GarageFarm.NET with an electronic mail address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify GarageFarm.NET of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. GarageFarm.NET cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. GarageFarm.NET assumes no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or GarageFarm.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GarageFarm.NET has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that are at least 13 years of age. No one under the age of 13 may use the Service. GarageFarm.NET may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
3. NO WARRANTIES OR REPRESENTATIONS BY GARAGEFARM.NET
You understand and agree that the Service is provided “as is” and GarageFarm.NET and its affiliates expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on GarageFarm.NET’s servers. GarageFarm.NET and its affiliates make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by GarageFarm.NET or its authorized representatives shall create a warranty or in any way increase the scope of GarageFarm.NET’s obligations.
You agree to indemnify, defend and hold harmless GarageFarm.NET, its affiliates, officers, directors, employees, and consultants from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
5. MODIFICATIONS TO SERVICE
GarageFarm.NET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that GarageFarm.NET shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
6. SUSPENSION OF THE SERVICE
If You breach this Agreement, GarageFarm.NET may terminate this Agreement by providing You with a notice of termination. You will be deemed to be in breach of this Agreement and GarageFarm.NET will have the right to terminate this Agreement upon providing notice if any monthly or other fees associated with the Software or Services are not paid within thirty (30) days of their becoming due. In addition, GarageFarm.NET may terminate this Agreement and/or immediately cease to provide the Service without any liability whatsoever by providing You with notice of at least thirty (30) days. GarageFarm.NET shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this Section. Upon termination of this Agreement: (a) You will cease all use of the Software and, if possible, permanently delete all copies of the Software in Your possession or control; and (b) GarageFarm.NET shall also have the right to cease providing the Services to You. GarageFarm.NET may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by GarageFarm.NET.
7. INTELLECTUAL PROPERTY RIGHTS
Each party (You and GarageFarm.NET) retains all right, title and interest in and to our respective trade secrets, inventions, copyrights, and other intellectual property. Except for the rights expressly granted herein, nothing in the Agreement or the performance thereof shall convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by GarageFarm.NET or its Third Party Licensors. GarageFarm.NET’s intellectual property and proprietary rights include any skills, know-how, modifications or other enhancements developed or acquired in the course of configuring, providing, or managing the Services. You agree that you will not, and will not attempt to, directly or indirectly, modify, alter, tamper with, repair, reverse engineer, disassemble, decompile or apply any other process or procedure to derive the source code or create derivative works of any software, information, material, services, or technology of GarageFarm.NET or its Third Party Licensors.
8. LIMITATIONS OF LIABILITY
Neither party will be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including but not limited to contract or tort (including products liability, strict liability and negligence), and whether or not such party was or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein.
The total aggregate liability of either party arising from or related to this agreement shall be limited to the total net payments of previous 30 days paid by You to GarageFarm.NET for the affected service which gives rise to such liability in the three (3) month period immediately preceding the date in which the claim arises.
9. RETURN POLICY
GarageFarm.NET provides service of rendering as it is. In most cases you have a possibility to test your scene to get cost estimation and to see the output in lower resolution or every n-th frame in your animation. We always encourage you to do so. We occasionally monitor progress of your render and we communicate with you whenever we suspect any mistake. You have access to Web Manager with features allowing you to monitor, pause or kill jobs in case you suspect an error in the scene or malfunctioning of rendering process.
If you are not completely happy with the results of your rendering, you can contact our support and ask for an explanation within 14 days after finishing rendering. We will investigate your case and, no later than 14 days after we received the request, we will present our position. In case of a mistake on our side, we will offer you a full or partial refund or some other form of compensation.
Bonus credits received as part of our discount system are non-refundable.
Example: $2,000 payment grants $2,320 render credits, the $320 is the bonus credit that can not be refunded.
10. PAYMENT METHODS
GarageFarm.NET accepts online payments, wire transfers and, after consultation with and agreement of customer support, Western Union transfers and cheques. Settlement of transactions by credit card and e-transfer are carried out through PayPal and Dotpay.pl.
We collect personal information You provide when opening the Account. We also store chat history with You and any users that use your Account. We use the information collected from our service (Your Account and chat conversation data) to provide support and maintain Your Account. We also use this information to offer You content – i.e. announcing software updates, releasing new software, and notifying you regarding changes in your account. We store your project files and render output on our servers. We will always ask for your permission in case we want to use your work, for example, to share it with our community or to use it for marketing purposes. We will never share those files with anyone outside of GarageFarm.NET without your written consent.
We do not share personal information with companies, organizations and individuals outside of GarageFarm.NET.
We work hard to protect You from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold by encrypting our services using SSL and requiring account verification upon Account registration.
12. FILES STORAGE
We allow our users (You) to store project data (project files and any files saved in Your Account) on our servers for a maximum of 30 days after a completed render job unless otherwise agreed. We guarantee to safely store Your project data as they are and unchanged within the initial 14 days. After that, depending on the current capacity we may relocate your data to a temporary storage until the end of the 30 day period. The temporary storage isn’t guaranteed against data loss. We will completely and securely delete the project files stored in Your Account 30 days after the last completed render job in the given project.
You shall not use or disclose the Confidential Information of GarageFarm.NET or its Third Party Licensors during the Term of this Agreement and following the expiration or termination hereof without the prior written consent. You agree to take all reasonable precautions to protect the Confidential Information of GarageFarm.NET or its Third Party Licensors, using at least the same standard of care as you use to maintain the confidentiality of your own Confidential Information. “Confidential Information” means non-public information of GarageFarm.NET or its Third Party Licensors relating to their business activities, financial affairs, technology, software, services, material, pricing, marketing or sales plans that may be provided to or accessible by you in connection with this Agreement. GarageFarm.NET will take the same standard of care to maintain the confidentiality of you.