PLEASE READ THESE TERMS AND CONDITIONS OF USE (“THESE TERMS”) CAREFULLY, BY ACCESSING OR USING WIRESHAPE WEBSITE, OR ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, THE “WEBSITE") YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
These Terms shall take effect immediately on your first use of the Website. By using the Website, you represent and warrant that you are over the age of 18 and have the requisite power and authority or any and all permissions necessary to enter into and be bound by this agreement and you acknowledge that you have read, understood, and agree, to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you are using the Website on behalf of any corporate entity, you further represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify Wireshape for violations of these Terms.
Wireshape reserves the right to modify its pricing, policies, products, product specifications and services at any time by posting changes online. Your continued use of the Website after changes are posted means you agree to be legally bound by these Terms as updated and/or amended. Wireshape encourages you to review these Terms whenever you visit the Website.
OWNERSHIP AND INTELLECTUAL PROPERTY
Wireshape’s products, services and the Website content, including trademarks, names, logos, all digital files, images, videos, 3D models, materials and shaders, texture maps, plug-in softwares, slogan, and text, unless otherwise indicated, are owned by Wireshape, Inc. (“Wireshape”) and may not be used without a license. Unless Wireshape explicitly gives you permission you may not use, reproduce, distribute, display, or perform such materials.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. The names, images and logos identifying Wireshape or third parties and their products and services are subject to copyright, design rights, moral rights, trademark and other laws relating to the protection of intellectual property.
Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Wireshape or any other third party.
Wireshape respect the intellectual property of others, and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Website’s Copyright Agent.
USE OF THE WEBSITE
The Website and its content are intended for customers of Wireshape and/or Wireshape, Inc. (collectively, “Wireshape”). You may not use the Website or its content for any purpose not related to your business with Wireshape.
The following uses of the Website are explicitly prohibited:
I. Downloading, copying, or re-transmitting any or all of the Website or its content without, or in violation of, a written license or agreement with Wireshape;
II. Using any data mining, robots or similar data gathering or extraction methods;
III. Manipulating or otherwise displaying the Website or its content by using framing or similar navigational technology;
IV. Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Wireshape product or service if you are not expressly authorized by such party to do so;
V. Reverse engineering, obscuring or removing any watermark, copyright, or other proprietary notice, altering or modifying any part of the Website or its content;
VI. Circumventing, disabling or otherwise interfering with security-related features of the Website or any system resources, services or networks connected to or accessible through the Website;
VII. Selling, licensing, leasing, or in any way commercializing the Website or its content without specific written authorization from Wireshape; and
VIII. Using the Website or its content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
If you use the Website in an unauthorized way, Wireshape may terminate your account and pursue other penalties, damages, losses, and profits to which Wireshape is entitled under this agreement or at law.
LINKS
Wireshape accepts no responsibility for, directly or indirectly, the quality, content, conduct, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such websites are not under the control of Wireshape and Wireshape is not responsible for the contents of any linked website or any link contained in a linked website.
Wireshape provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Wireshape of any site or any information contained therein.
INTERACTIVE AREAS
The Website may include discussion forums or other interactive areas or services, including blogs, chat rooms, message boards or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website ("Interactive Areas").
Wireshape does not claim any ownership or liability with respect to any material that you submit when using the Website. You are solely responsible for your use the Interactive Areas and use them at your own risk.
By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
I. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
II. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
III. Submit anything that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
IV. Any spam, political campaigning, junk mail, chain letters, pyramid schemes or advertising for other products or services. You may not post from multiple accounts, disrupt, flame, incite, or persist in repetitive or off-topic comments.
V. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
VI. Post or link to anything 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; and
VII. User Content that, in the sole judgment of Wireshape, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Wireshape or its users to any harm or liability of any type.
Wireshape takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Although Wireshape has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Wireshape reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
REGISTRATION DATA
In consideration of your use of the Website, you agree to:
I. Provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data");
II. Maintain and promptly update the Registration Data, and any other information you provide to Wireshape, to keep it accurate, current and complete;
III. Maintain the security of your password and identification;
IV. Notify Wireshape immediately of any unauthorized use of your account or other breach of security;
V. Accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and
VI. Accept all risks of unauthorized access to the Registration Data and any other information you provide to Wireshape.
PRIVACY POLICY
Wireshape is committed to protecting your privacy. Please refer to our Privacy Policy for information on how Wireshape collect, use and disclose personal information.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Wireshape, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of these Terms or of any representation or warranty contained herein, your unauthorized use of the Wireshape content, or your violation of any rights of another.
DISCLAIMER
ALL WEBSITE CONTENT, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO WIRESHAPE, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED BY WIRESHAPE ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS ONLY. WIRESHAPE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. WIRESHAPE MAKE NO WARRANTY THAT THE WEBSITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WIRESHAPE USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE WEBSITE CONTENT, BUT WIRESHAPE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE WEBSITE CONTENT'S ACCURACY, CORRECTNESS OR RELIABILITY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIRESHAPE, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WIRESHAPE PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE WIRESHAPE PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WIRESHAPE PARTIES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WIRESHAPE PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD THE WIRESHAPE PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WIRESHAPE PARTIES, FOR, ANY CLAIMS RELATED TO THE SITE.
Some countries and US states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
APPLICABLE LAW AND VENUE
You acknowledge and agree that the Website content may be subject to the U.S. Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such content contrary to U.S. law or the law of other applicable countries is prohibited. You agree that the content, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons or missile projects, nor for production of materials that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of Delaware, USA.
TERMINATION
Notwithstanding any of these Terms, Wireshape reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website.
QUESTIONS AND MORE INFORMATION
Questions or comments about the Website or these Terms and Conditions of Use may be directed to Wireshape using our Support Channels.
© 2020 Wireshape, Inc. All rights reserved.