My3DScanner™ Terms of Service
Last updated on 2011-01-18
My3DScanner (“My3DScanner,” “we,” “us,” and/or “our”) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without prior notice to you. You can review the most current version of the TOS at any time by clicking on the link to the TOS displayed on the Service (as defined below). You are responsible for reviewing this TOS each time you use the Service. You shall be subject to this TOS whether you use the Service directly or through a third party site that links to the Service. Your continued use of the Service (whether directly or through a third party site that links to the Service) after any changes to this TOS constitutes your acceptance of the new TOS. In addition, when using certain services, you are subject to any additional guidelines or rules applicable to such services that may be posted on the Service from time to time, and all such guidelines or rules are hereby incorporated by reference into this TOS.
Description of Service: My3DScanner provides users the service of transforming photographs into 3D point clouds and 3D models and other services through its website located at www.My3DScanner. (all such services and such website, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS.
Age: If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: If you register for the Service, you will receive or create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Service through your username and password, you shall be responsible for all activity under your accounts, including without limitation any and all liability, costs or damages arising out of claims or suits by such third parties based upon or relating to such activity. You agree to (a) immediately notify My3DScanner of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. My3DScanner will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: My3DScanner reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that My3DScanner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that My3DScanner may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that photographs, graphics, video, messages, communications, postings, information, data, text, software, music, sound or other materials or content (collectively, “Content”) will be retained by the Service and the maximum disk space that will be allotted on My3DScanner’s servers on your behalf. You agree that My3DScanner has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that My3DScanner reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Your Content and Conduct
Your Content: You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not My3DScanner, are entirely responsible for all Content that you edit, upload, post, share, email or otherwise transmit or make available via the Service.
You agree not to edit, upload, post, share, email or otherwise transmit or make available via the Service any of the following:
?Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, defamatory, libelous, invasive of another’s privacy, or hateful racially or ethnically or otherwise objectionable;
?Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
?Content that could infringe copyrights or other proprietary or intellectual property rights without the permission of the owner of such rights and the persons (or their parents or legal guardians, where applicable) who are shown in the Content, if applicable;
?any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
?unsolicited or unauthorized advertising, promotional materials, “junk mail, ” “spam, ” “chain letters,” “pyramid schemes, ” or any other similar forms of solicitation.
You should use an "adult-content" warning label when Content is being shared that includes any legal adult content. We should also keep back-up copies of your Content, as the Service is not intended to be guaranteed back-up solution.
Your Conduct: We expect that you will use the Service in a respectful manner.
In particular, you agree not to use the Service to:
?edit, modify or share any Content for which you do not have all necessary rights to edit, modify or share;
?“stalk” or otherwise harass another, harm minors in any way, or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
?forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
?download any Content posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
?advertise or offer to sell or buy any goods or services for any business purpose, unless the Service specifically and expressly allows such messages;
?interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
?facilitate the sale or use of narcotics, steroids, prescription drugs and devices, tobacco products, certain controlled substances or other products or practices that present a risk to consumer safety;
?facilitate activities involving the use of ammunition, firearms, knives, or certain other weapons that are regulated under applicable law;
?facilitate activities involving gambling, sports betting, horse or greyhound racing, or any other activity that facilities gambling;
?violate any code of conduct or other guidelines which may be applicable for any particular area of the Service; or
?violate any applicable local, state, national or international law, or any regulations having the force of law.
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. If you are providing any Registration Data from any foreign country, you acknowledge and consent to such data and information being processed by My3DScanner and its service providers in the United States and/or other countries.
No Resale of Service: Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes any portion of the Service, use of the Service or access to the Service.
Rights to Content
Content Available on the Service: You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, or Content that promotes activities or practices that pose a risk to your health or that are otherwise illegal or objectionable. Under no circumstances will My3DScanner be liable in any way for any Content, or for any loss or damage of any kind, including bodily injury and death, incurred as a result of the use of any Content edit, uploaded, posted, shared, emailed or otherwise transmitted or made available via the Service.
You acknowledge that My3DScanner does not pre-screen Content, but that My3DScanner and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or move, permanently or temporarily, any Content that is available via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, safety, or usefulness of such Content.
My3DScanner does not claim ownership of the Content you edit, upload, post, share, email or otherwise transmit or make available via the Service. In addition, with respect to photos and 3D content that you edit using the Service, in the vast majority of cases, the photos and 3D content remain on your local computer and are not uploaded to the Service. However, in those instances where you upload, post, share, email or otherwise transmit or make available Content to the Service, you hereby grant My3DScanner a nonexclusive, worldwide, royalty free, non-revocable, sublicensable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Content solely for the purpose of providing the Service. Other than as permitted or requested by you, however, we will not use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate or reformat your photos and 3D content. In addition, if you do upload any photos and 3D content to the Service solely for the purpose of editing the photos and 3D content, we will use commercially reasonable efforts to delete the copies of such photos and 3D content stored by the Service within two (2) hours after it is no longer necessary for such photos and 3D content to be stored by the Service.
If you share any of your Content with, or otherwise make such Content available to, other users of the Service, you hereby grant such other users a nonexclusive, worldwide, royalty free, perpetual, non-revocable, sub-licensable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Content.
Copyright Policy: My3DScanner respects the intellectual property of others, and we ask our users to do the same. My3DScanner will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
?an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
?a description of the copyrighted work or other intellectual property that you claim has been infringed;
?a description of where the material that you claim is infringing is located on the website, with enough detail that we may find it on the website;
?your address, telephone number, and email address;
?a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
?a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
The above information should be sent to My3DScanner at:
In accordance with the DMCA and other applicable law, My3DScanner has adopted a policy of terminating, in appropriate circumstances and at My3DScanner’s sole discretion, members who are deemed to be repeat infringers. My3DScanner may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Intellectual Property Rights
Software: You acknowledge and agree that the Service and any related software used in connection with the Service (including without limitation My3DScanner Grabber, collectively, “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by My3DScanner, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Software, if any, that is made available to download from the Service, excluding software that may be made available by end-users through the Service, is the copyrighted work of My3DScanner and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, My3DScanner grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by My3DScanner for use in accessing the Service. Any rights not expressly granted herein are reserved.
Trademarks: Certain trademarks, service marks, and logos of My3DScanner (collectively, the “My3DScanner Trademarks”), are used and displayed on this Service. Nothing in this TOS or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any My3DScanner Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of My3DScanner Trademarks will inure to our benefit.
Interactions With Third Parties
Third Party Websites: The Service may provide, or third parties may provide, links to other sites and resources on the Internet. In addition, other sites or resources may link to the Service. Because My3DScanner has no control over such sites and resources, you acknowledge and agree that My3DScanner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, events, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that My3DScanner shall not be responsible or liable, directly or indirectly, for any damage or loss, including bodily harm or death, caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, events, services, products, or other materials available on or through any such site or resource.
Interactions with Other Users: The Service may provide you with the opportunity to interact with other users or groups of users of the Service. Your interactions with other users are solely between you and such other users. You agree that My3DScanner shall not be responsible or liable for any loss or damage of any sort, including bodily injury or death, incurred as the result of any such interactions.
Dealings with Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that My3DScanner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You agree to indemnify and hold My3DScanner (and our officers, directors, agents, affiliates, subsidiaries, investors and employees) harmless from any claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the Service, including without limitation any breach of this TOS or any Content edited, uploaded, posted, shared, emailed or otherwise transmitted or made available via the Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MY3DSCANNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MY3DSCANNER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER RESULT THAT RESULTS. NO CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY3DSCANNER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MY3DSCANNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF MY3DSCANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MY3DSCANNER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MY3DSCANNER SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT EDITED, UPLOADED, POSTED, SHARED, EMAILED OR OTHERWISE TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MY3DSCANNER HAS ENTERED INTO THIS TOS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree that My3DScanner, in its sole discretion, may terminate your account or your use of the Service and remove and discard any Content within the Service, for any reason or no reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service may be effected without prior notice, and you acknowledge and agree that My3DScanner may immediately deactivate or delete your account and all related Content in your account and/or bar any further access to such Content. Further, you agree that My3DScanner shall not be liable to you or any third party for any termination of your access to the Service or deletion of such Content.
This TOS constitutes the entire agreement between you and My3DScanner and governs your use of the Service, superseding any prior agreements between you and My3DScanner with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use third party Content, services or software. This TOS shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions. You and My3DScanner agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California, USA. The failure of My3DScanner to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this TOS are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. My3DScanner may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service.
Questions? Concerns? Suggestions?
Please contact us to report any violations of this TOS or to ask any questions regarding this TOS or the Service. We are here to listen.
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