Trinity Apparel Custom Jacket Linings - Supplemental Terms and Conditions

The Trinity Apparel Custom Jacket Linings Service (the “Service”) is provided by Trinity Apparel Group, LLC (“Trinity” or “we”) to users of the Service (“you” or “User”). The following Supplemental Terms and Conditions (“Supplemental Terms”) shall govern use of the Service and are hereby incorporated into the Trinity Apparel User Agreement (“User Agreement”). In the event of a conflict or inconsistency between the terms of the User Agreement and the Supplemental Terms, the Supplemental Terms shall control and govern the rights and obligations of Trinity and the User. The Service allows users to upload content, including images, illustrations, designs, icons, photographs, words and writings, and other content (collectively, “Content”) to be incorporated into custom jacket linings. You may use the Service only if you are legally able to form a binding contract with Trinity, and only if such use is in compliance with these Supplemental Terms, the User Agreement, and all applicable laws. You understand that by using the Service, you have agreed to these terms and conditions.

 

1.         User Content & Intellectual Property Rights of Third Parties

 

By using the Service, you agree that you are solely responsible for, and that Trinity has no responsibility to you or to any third party for, any Content that you create, upload, transmit or display while accessing or using the Service and for all of the consequences of your actions, including any loss or damage which Trinity may suffer from same; please see also Section 2 below concerning indemnification.  You agree not to create, upload, or transmit any Content that:

 

-       infringes the intellectual property rights of others, including but not limited to the copyrights, trademarks, trade dress, publicity rights, trade secrets, and/or other intellectual properties owned and/or controlled by any third parties;

 

-       is sexually explicit or pornographic, exploits or presents minors in a sexual way (including nudity), promotes adult sexual services, or portrays nudity of a non-artistic or health/medical nature;

 

-       creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm against others;

 

-       attacks, harasses, or defames others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity;

 

-       includes hate speech or symbols;

 

-       promotes, features, or encourages the use of hard drugs, or which promotes, features, or encourages the use of drugs or alcohol by minors;

 

-       contains someone else’s personal information; or

 

-       contains any information or content that is illegal.

 

Trinity has the sole discretion to reject any order that Trinity considers to be in violation of the Supplemental Terms, in violation of the rights of any third party, or is otherwise inappropriate for production.

 

2.         Indemnification

 

You, in your personal capacity and also on behalf of your employer (if your use of the Service is made pursuant to your employment) or the individual, entity, or organization on whose behalf you make use of the Service, agree to indemnify, defend and hold harmless Trinity and its officers, directors, employees, agents, corporate parent, and licensors from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by or through you or arising from or related to any Content uploaded or submitted by you or otherwise occurring as a result of your illegal or unlawful use of the Services, or your violation of any rights of another.

 

3.         Limitation on Trinity’s Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRINITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.