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Term Of Use


Terms and Conditions of Use

3DBin, Inc (“3DBin”) is the owner and operator of [3DBin.com]. Through this website we are offering certain services [that will allow you to convert your pictures of an object or a person into a three-dimensional image.

These Terms of Use apply to your access to, and use of this website and the Services. You consent to our communicating with you regarding this website and the Services by email and/or system messages, and if necessary, by regular mail or telephone.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time, by posting the revised Terms of Use on our website, and you hereby waive any right you might have to receive specific notice of such changes. All amended terms shall be effective immediately upon posting on our website. If any modification is unacceptable to you, you may immediately terminate the Services by closing your account. Your continued access and use of the Services following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use. In 3DBin’s sole discretion, 3DBin may choose to provide notice by a startup screen indicating the fact that changes have been made to the Terms of Use.

Violations of these Terms of Use may result in termination of your account with or without notice.

Intellectual Property Rights and Limited License

All content of this website and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound, code, logos, trademarks and service marks and other content and materials posted on this website, and their selection and arrangement (the “Site Materials”) are property of 3DBin and its affiliates and licensors with all rights reserved. 3DBin is a registered trademark, and other 3DBin product names, service names, slogans or logos referenced in this website are trademarks or registered trademarks of 3DBin. All other company, product or service names referenced in this web site are used for identification purposes only and are trademarks of their respective owners.

The Site Materials are protected by United States and international copyright, trademark, patent or other proprietary rights and laws. No Site Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without 3DBin’s prior written permission

3DBin hereby grants you a limited, non-transferable, revocable license to access and use this website solely in connection with the Services and only under the terms set forth herein.

Age Requirements

Use of 3DBin is limited to persons at least 18 years of age. Nobody under the age of 18 is allowed and no information of any person under the age of 18 will be knowingly collected by 3DBin. If you become aware of any person under the age of 18 who uses 3DBin, please contact us at info@3DBin.com to report such occurrences. 3DBin will immediately delete any information of and/or any accounts that we believe to belong to users under the age of 18.

Regular and Premium Account Services

In order to sign up for our Services, you need to provide us with certain personal information. You warrant that all the information that you submit is true and accurate, including your credit card number and expiration date, and you agree to pay the requires Service fees. We accept [major credit cards, PayPal, money orders and checks payable in US dollars – please confirm and revise as necessary. We can also describe different types of accounts here.]

Prohibited Use

You may not use 3DBin (1) in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of 3DBin, its affiliates, or subsidiaries, (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by 3DBin.

Prohibited Content

As used herein, "content" shall mean all text, graphics (including avatars), photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by you in connection with the Services.

You are prohibited from storing, posting, distributing or transmitting any unlawful content at or through this website or otherwise in connection with the Services. Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, any kind of pornography, and copyrighted, trademarked and other proprietary material used without proper authorization.

As used herein, "pornography" shall mean any explicit depiction or exhibition of sexual activity and/or sexual imagery that is intended to stimulate erotic, rather than PURELY aesthetic or emotional feelings.

Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of 3DBin and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you cannot upload images for which you don't have copyrights.

Protection of Intellectual Property Rights

3DBin complies with The Digital Millennium Copyright Act (“DMCA”), respects the intellectual property rights and requires that all users respected DMCA and intellectual property rights of others. By using the Services you certify that your use does not infringe upon anybody’s intellectual property. 3DBin has been and will continue to vigorously enforce DMCA and to respond quickly to any allegations of intellectual property infringement.

3DBin does not allow any copyright infringement and will, if notified properly and if not satisfied with a response by an accused party, remove or disable access to such content. 3DBin reserves the right to remove or disable access to content without prior notice as well as to terminate accounts and/or 3DBin membership of users whom 3DBin determines to be repeat infringers and/or violators of any other clauses of these Terms of Use.

3DBin may be required to disclose information to individuals asserting rights under the DMCA. By using 3DBin you authorize 3DBin to release information about you if required by law or subpoena, without any notice to you. By using 3DBin, you agree that you, and not 3DBin, are responsible for any violations of any intellectual property rights in any content that you upload to 3DBin.

Applicable Law

By visiting or using the website and/or the Service, you agree that the laws of the State of [California], without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and 3DBin or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

YOU AND 3DBIN AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth herein then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, 3DBin will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the website and/or the Service be instituted more than three (3) years after the cause of action arose.

DISCLAIMER AND LIMITATION OF LIABILITY

ALL SERVICES AND SITE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-IFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL 3DBIN, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, NEGLIGENCE OR FAILURE TO MONITOR THE SITE MATERIALS OR ANY OTHER CONTENT, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) ARISING OUT OF YOUR USE, INABILITY TO USE OR INABILITY TO USE TO YOUR FULL SATISFACTION, OF THIS WEBSITE OR ANY OF THE SERVICES AND/OR ANY OF THE RELATED PRODUCTS OR SOFTWARE, EVEN IF 3DBIN OR AN AUTHORIZED 3DBIN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 3DBIN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.

Indemnification

You hereby agree to indemnify, defend, and hold 3DBin, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any content you submit, post or make available through this website or in any other way in connection with the Services, your violation of these Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of a third party.

Privacy

3DBin understands and respects your desire for privacy. In accordance with the terms of our Privacy Policy, 3DBin will not release any details regarding its users to any third party and will not disclose any content posted by you unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with a legal process served on 3DBin, (2) protect and defend the rights of 3DBin, or (3) act in an emergency to protect the personal safety of our guests or the public.