Terms and Conditions of Use
We, the Operators of www.3dponics.com (“Website”) and the 3Dponics Google+ community at (“Community”), provide them as a public service to our users.
Please carefully review the following basic rules that govern your use of the Website and/or Community. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website and/or Community, do not provide any materials to the Website and/or Community and do not download any materials from any 3Dponics-associated accounts.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website and the Community following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use regularly.
Permitted and Prohibited Uses
You may use the Website and/or Community for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website and/or Community to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and provincial securities laws, rules of any national, international or other securities exchange, and any national or international laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website or the Community any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website and/or Community network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website and/or Community.
You are strictly prohibited from communicating on or through the Website and/or Community any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website and/or Community, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to any third party for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and/or Community.
The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various provincial and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
The Operators do not want to receive confidential or proprietary information from you through the Website or the Community. Any material, information, or other communication (“Contributions”) you transmit or post to the Website and/or Community will be considered non-confidential and in the public domain.
User Discussion Lists and Forums
The Operators may, but are not obligated to, monitor or review any areas on the Website and/or Community where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the the Website and/or Community at their discretion at any time.
Use of Personally Identifiable Information
You agree to provide true, accurate, current, and complete information when registering with the Website and/or Community. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website and/or the Community.
You are responsible for maintaining the confidentiality of your Community account information (e.g. username, password) and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You grant the Operators of the Website and/or Community the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Website and/or Community.
Links to Other Materials
The Website and/or Community may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third-party sites linked to by the Website and/or Community, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website and/or Community, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website and/or Community. If you are dissatisfied with the Website and/or Community, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website and/or Community. The Operators reserve the right to terminate or suspend your access to and use of the Website and/or Community, or parts of the Website/Community, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
The Website is hosted in Canada. The Operators make no claims that the content on the Website and/or Community is appropriate or may be downloaded outside of Canada. Access to the content may not be legal by certain persons or in certain countries. If you access the Website and/or Community from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Website and associated materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, the Operators disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. The Operators make no representations or warranty that the Website will meet your requirements or that your use of the Website will be uninterrupted, timely, secure, or error free; nor do the Operators make any representation or warranty as to the results that may be obtained from the use of the Website. The Operators make no representations or warranties of any kind, express or implied, as to the operation of the Website and/or Community or the information, content, materials, or products included on the Website and/or Community.
In no event shall the Operators or any of their agents, vendors, or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use the Website and/or Community, even if the Operators have been advised of the possibility of such damages. This disclaimer constitutes an essential part of this Agreement.
You understand and agree that any content downloaded or otherwise obtained through the use of the Website and/or Community is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. The Operators shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the Website and/or Community. Your participation in the Website and/or Community is solely at your own risk. No advice or information, whether oral or written, obtained by you from the Operators, their employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of the Website and/or Community, that your use of the Website/Community is at your sole risk.
Liability Limitation. Under no circumstances and under no legal or equitable theory, whether in tort,m contract, negligence, strict liability or otherwise, shall the Operators or any of their agents, vendors or suppliers be liable to User or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use the Website and/or Community or for any breach of security associated with the transmission of sensitive information through the Website and/or Community or for any information obtained through the Website/Community, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the Operators has been advised of or should have known the possibility of such damages.
The Operators’ total cumulative liability for any and all claims in connection with the Website, Community and associated sites will not exceed five U.S. dollars ($5.00). The User agrees and acknowledges that the foregoing limitations on liability are an essential basis of the bargain and that the Operators would not provide the Website and/or Community without such limitation.