Thank you for visiting www.viewshape.com, the web site (the “Site”) hosted by Artec Group, Inc. and its affiliates (“ARTEC”). This Site offers, among other things, a service for posting and sharing 3D images. This Site may be used only according to these terms. The words “our,” “we” and “us” refer to ARTEC.
2. Using this Site Means You Agree to The Terms Written Below.
3. Your User License.
4. Limits of Your Use.
You must use the Site only for a lawful purpose. You must not take any action that may compromise the security of the Site, make the Site inaccessible to others, or cause damage to the Site or its content. You must not try to access content that is not intended for you. You agree not to use the Site in any way that might interfere with rights of ARTEC, or anyone else. This Site displays text, photos, drawings, video, trademarks and other kinds of content. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to the Site, belong to ARTEC. No content from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without our prior written consent.
5. No Modification of the Site.
You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of this Site.
6. Links to Third-Party Websites.
You agree you are personally responsible for your use and behavior on the Site. You agree to indemnify, defend and hold harmless ARTEC, its personnel, subsidiaries, affiliated companies, franchisees, licensees, joint venturers, business partners, licensors, suppliers, employees, agents, and host of this Site and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your visit, use, misuse, inability to use or interruption in service of the Site or any violation by you of these terms or of law.
8. Right to Refuse Access/Service.
We reserve the right to refuse or limit access to this Site in our sole discretion and without notice. This includes the right to block or limit access to this Site, or parts of the Site, to individuals or groups, for the purpose of preventing or reducing the risk of violation of our terms or the law, or based upon suspected or actual violation, or for any other reason.
9. Content Restrictions.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy
Contains sexually explicit content or pornography
Contains hateful, defamatory, or discriminatory content or incites hatred against
any individual or group;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich
quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
Violates any law
10. Code of Conduct
In using the Site, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the Site
(unless you have a written agreement with us)
We have the right, but not the obligation, to monitor all conduct on and content submitted to the Site.
11. License to Content
As between you and us, you own all content that you submit to the Site. You grant us and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Site permission to view your content for their personal, non-commercial purposes. If you make suggestions to us on improving or adding new features to the Site, we shall have the right to use your suggestions without any compensation to you.
12. Copyright Information
The contents of this Web site, including (but not limited to) all written material, images, photos and code, are protected under international copyright and trademark laws. You may not copy, reproduce, modify, republish, transmit or distribute any material from this site without express written permission.
As required by the Digital Millennium Copyright Act of 1998, the following individual is designated for notification of potential copyright infringement regarding this Site:
Leonard Grayver, 21515 Hawthorne Blvd., Suite 450, Torrance, CA 90503
If you believe this Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the 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;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement 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
A statement by you that the information in your notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
It is expected that all users of the Site will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. ARTEC will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its designated agent.
13. Site Warranty Disclaimer.
YOU VISIT OR USE THIS SITE AT YOUR OWN RISK. OUR SITE AND CONTENTS ARE PROVIDED "AS IS," “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION OR ANY OTHER ASPECT OF THIS SITE OR CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
14. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTEC OR ITS PERSONNEL BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR CONTENT AND SERVICES PROVIDED ON OR ACCESSIBLE FROM THIS SITE, OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you use this Site and such use requires setting up an account and/or password, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry or other request for information. ARTEC is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of ARTEC.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify ARTEC immediately of any unauthorized use of any Password that is not issued directly to you or approved by us
16. Errors, Corrections and Changes.
We do not warrant or represent that the Site is or will be error-free. Data entry errors, human error, technical and other problems sometimes result in inaccurate information being shown. Other factors can also cause errors. We shall have no liability for errors. We reserve the right to correct any inaccuracy or error, including but not limited to franchise locations, availability and hours of services. If a service is listed at an incorrect location, time or price or is incorrect in any other regard, our franchisee or we have the right to refuse or cancel any request placed for that service.
These Terms are governed by and construed according to California law, without giving effect to conflict of law principles. Headings in these Terms are only for convenience to make these Terms easier to use. These Terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
You accept jurisdiction in California over any dispute that may arise from your accessing, visiting or using this Site. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to personal jurisdiction of any federal or state court located in, or whose district includes, Los Angeles County, California.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of the remaining provisions.
20. Time Limit to Make a Claim.
The time limit for any claim you wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises. If the claim is not brought within the shorter of these times, the claim is barred.
21. Term and Termination
You may delete your account at any time.
We may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not open a new account with us. We may block your email address and Internet protocol address to prevent further registration,
Upon termination, all licenses granted by us will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. We shall not be responsible for the loss of such content.
22. Yours and Our Entire Agreement.
This material constitutes confidential information intended only for the use of the individual or individuals named above and is subject to restrictions on use and disclosure. No part of this material may be reproduced or transmitted in any form or by any means, electronic or mechanical, without prior permission in writing from brand thirty-three. If material is not received as represented above, please telephone.
23. Changes To These Terms.
We reserve the right, in our sole discretion, to change these Terms any time. Updated versions of the Terms will be posted here on our Site and are effective immediately upon posting. The date of the newest version is posted below. Please check frequently, especially before you use this Site, to see if these Terms have changed. Use of the Site after any changes to the Terms constitutes your consent to the changes.
25. Contact Us.
Effective Date: April 2012