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.
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.
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.]
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.
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 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.
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
(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.
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.