Terms of Use 3Defy, Inc. ("3Defy") provides the 3defy.com website and related services ("Services") subject to the following Terms of Use ("Terms"). These Terms govern your access to and use of the Services, and any information, text, graphics, photos or other materials uploaded, downloaded, appearing, or created on the Services (collectively referred to as "Content"). 3Defy reserves the right to change these Terms from time to time without notice to you by posting new Terms on the Website. Please refer to the Terms periodically for any changes. BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS AS FOLLOWS. Basic Terms 3Defy respects copyright laws, so make sure you own the rights or have permission to use any of the images you provide. We have the right to remove any images that do not follow copyright laws or that do not comply with our terms of use. If you create a 3D Model from an image that is publicly available on the Internet, make sure you provide an accurate link to the web page where you found it (referred to as the "Landing Page"). This will enable us to give due credit wherever the image appears, to properly refer traffic back to the original website, and to remove the image if requested by the website operator. Eligibility You may use the Services only if you can form a binding contract with 3Defy and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. 3Defy will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18 you may use the Services only under the supervision of a parent, or legal adult guardian who agrees to be bound by these Terms. User Account, Password, and Security Upon creating a user account, you agree to provide 3Defy with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. You will also need to create a password and will receive an account designation upon completing the 3Defy registration process. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are responsible for all activities that occur under your password or account. 3Defy cannot and will not be liable for any loss or damage arising from your failure to comply. User Conduct You acknowledge and agree that you will use the Services in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, 3Defy. computer systems, or the technical delivery systems of 3Defy. providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the 3defy.com website; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. Privacy Policy Your privacy is very important to 3Defy. Users of this Site should refer to our Privacy Policy for information about how 3Defy collects and uses personal information. By accepting this Agreement you expressly consent to 3Defy's disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference. Copyright and Intellectual Property Policy 3Defy respects the intellectual property rights of others and expects users of the Services to do the same. You are permitted to create 3D Models from uploaded images and from images that are publicly available on the Internet. If you do not own the copyright to an image, you must first verify that the copyright holder permits you to copy, distribute, and create a derivative work such as a 3D Model. You must also provide an accurate link to the Landing Page for the image. In all cases, 3D Models created in this manner will be accompanied by source information and referral links back to the sites from which the images originated, in order to give the original authors due credit. Please contact us with any requests or questions regarding these policies by email, our copyright contact information is listed on 3defy.com under About->Contact Us. Additionally, we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 3Defy. Agent for notice of claims of copyright or other intellectual property infringement can be reached by email, our copyright contact information is listed on 3defy.com under About->Contact Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, 3Defy will also terminate a user.s account if the user is determined to be a repeat infringer. Content on the Services You retain your rights to any images you upload through the Services. By uploading images, you grant 3Defy a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute said images in any and all media or distribution methods (now known or later developed). By creating 3D Models using the Services, you grant 3Defy ownership of the 3D Models, and you receive a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any of the 3D Models that you created. The term "3D Model" refers to the computer data representation of the object shapes and 3-dimensional textures created in the 3Defy Modeler. The term "3D Model" does not refer to images used in the 3D modeling process, which are stored separately and remain the property of their respective owners where applicable. You agree that this license includes the right for 3Defy to make Content available to other companies, organizations or individuals who partner with 3Defy for the syndication, broadcast, distribution or publication of Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by 3Defy, or other companies, organizations or individuals who partner with 3Defy, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, create, or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. By submitting Content in any manner to the Services, you represent and warrant that you have no knowledge as to any third-party claims regarding the intellectual property or other rights in the Content which would interfere with the rights granted under this agreement; the Content does not infringe the rights of privacy, celebrity, moral, or other rights of any third-party; the Content does not contain illegal material; the Content does not contain material which denigrates or attacks any person based on race, religion, national origin, sexual orientation, or the like. Advertising The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by 3Defy on the Services are subject to change. In consideration for 3Defy granting you access to and use of the Services, you agree that 3Defy and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. Proprietary Rights You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, 3D models, etc. or other material contained or distributed on or through the Site, by 3Defy, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws. All brand, product and service names used in this Site which identify 3Defy or third parties and their products are proprietary marks of 3Defy, Inc. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of 3Defy or any third party with respect to any such image, logo or name. You shall not make any use of any 3Defy's trademarks, logos, or trade dress without prior express and written approval by 3Defy. Indemnity You agree to defend, indemnify and hold 3Defy and 3Defy's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party. No Resale You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without 3Defy's express written consent. Termination You agree that 3Defy, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. 3Defy may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that 3Defy may immediately deactivate or delete your account and all related information and data in your account and/or bar any further access to such files of the Site. Further, you agree that 3Defy shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. We also retain the right to create limits on use and storage of the Services at our sole discretion at any time without prior notice to you. Links The Site may provide, or third parties may provide, links to other websites or resources. Because 3Defy has no control of such sites and resources, you acknowledge and agree that 3Defy is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 3Defy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Public Reputation You acknowledge and agree that you will not use the Services in a way that would be damaging to 3Defy's public reputation or that of its employees, shareholders, licensors, or partners. Additionally, you agree not to display Content in a public setting, including on the Internet, in a way which disparages 3Defy, employees, shareholders or partners, DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3Defy AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 3Defy DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT 3Defy SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF 3Defy, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT 3Defy DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, 3Defy AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT 3Defy MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3Defy OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL 3Defy OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING 3Defy OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3Defy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Arbitration These Terms shall be governed by and construed in accordance with the laws of the United States of America, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in a jurisdiction determined at the sole discretion of 3Defy. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party. General No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. 3Defy may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. 3Defy's failure to act with respect to a breach by you or others does not waive 3Defy's right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and 3Defy, and supersedes all other communications, written or oral, with regard to the services provided by 3Defy.
