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Terms of Service
These Terms of Service constitute the agreement (“Agreement”) between 4D-2D.com, LLC (“we,” “us” or “4D-2D.com”) and the user (“you,” “user”, “Buyer,” or “Customer”) in using the 4D-2D.com website (“Website”). Please read them carefully. You understand, agree, and acknowledge that your use and the products provided to you are exclusively governed by these terms which cannot be modified by you. By accessing and using the Website, you agree that you have read and understand the terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the terms. If you do not agree to be bound by the terms and conditions, then you are not allowed to use or access our Website.
Modifications to Terms and Services:
4D-2D.com, LLC may change the terms and conditions from time to time without prior notification to you. Each time you access the web site you will be governed by these terms. All of such changes will be posted on the the 4D-2D.com home page. We reserve the right to modify or discontinue (temporarily or permanently) our Website with or without notice to you. We shall not be liable to you if we exercise our right to modify or discontinue our Website or products. If you object to any such changes, then please do not use our Website. Continued use of our Website following notice of any such changes shall indicate your acknowledgement and agreement of the terms and conditions.
We recommend that you do not become a Registered User, but if you choose to do so, you will be assigned an User Name and Password. You are responsible for maintaining the confidentiality of your user Name and Password and you are responsible for all activities that occur under your User Name. You agree to immediately notify us of any unauthorized use of your User Name or any other breach of security related to the Website. We cannot and will not be liable for any loss or damage arising from your failure to safeguard your User Name and Password.
When providing us with your personal information during as a Registered User, you agree to provide true, accurate, current, and complete information. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Website. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Website and all charges related thereto. You agree not to use the Website to do any of the following:
Violate any local, state, national or international law. Stalk, harass, or harm another individual or communicate with such individual after being advised to cease any such communications. Collect, harvest, or store personal data about other users including email addresses or contact other Registered Users or Buyers for any purpose. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity. Upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs, for example, worms, trojan horses, cancelbots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like.
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s web site administrator or webmaster. 4D-2D.com, LLC shall not be liable for any information, software, or links found at any other web site, internet location, or source of information, or for your use of such information.
We do not condone or allow spam. We prohibit you from using the Website to promote your own website or any business, product, or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this agreement.
Use and Storage:
You acknowledge and agree that we may establish general practices and limits concerning use of the Website, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by us and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time.
No Resale of Products:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any products available on the Website nor any portion of the Website, use of the Website or access to the Website. The Website is provided for your personal, noncommercial use only.
You agree that we, in our sole discretion, may terminate your User Name, comments, and use of the Website, and remove and discard any information posted by you on or through the Website, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Website. You may discontinue your participation in and access to the Website at any time.
Disclaimer of Warranties:
You expressly agree that use of the Website is at your sole risk. The Website and products are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Website and products. We make no warranty that (a) the Website or products will meet your requirements, or that the Website will be uninterrupted, timely, secure, or error free; (b) the results that may be obtained from the use of the Website or products will be accurate or reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the Website will meet your expectations; (d) defects in the Website or products will be corrected; or (e) the 4D-2D.com, LLC website or the server that makes it available are free of viruses or other harmful components. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system(s) or for loss of data that results from the download of such material and/or information. We do not control in any respect any information, products, or services offered by third parties, and we make no warranty regarding them. No advice or information, whether oral or written, obtained by you from 4D-2D.com, LLC or through or from the Website or products shall create any warranty not expressly made herein.
Limitation of Liability:
You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will 4D-2D.com, LLC or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to the use or the use or the inability to the use the Website or any of its products.
You agree to indemnify, defend, and hold harmless 4D-2D.com, LLC, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or content (as defined below) that you (or anyone using your account) submits, posts, or transmits through the Website, (2) your (or anyone using your account’s) use of the Website or products, (3) your (or anyone using your account’s) violation of these terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the 4D-2D.com, LLC web site or products.
Certain of the names, logos, and other materials displayed on the 4D-2D.com, LLC Website and in and through the products constitute trademarks, trade names, service marks or logos (“marks”) of 4D-2D.com, LLC or other entities. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with us or those other entities.
The content of the Website and products, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Website or products, or information presented through the Website or products by 4D-2D.com, LLC or its licensors (the “content”), is copyrighted by 4D-2D.com, LLC and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by 4D-2D.com, LLC or its licensors. The content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of 4D-2D.com, LLC and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any content. You acknowledge and agree that the Website and any necessary software used in connection with the Website (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by 4D-2D.com, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website, products, or the software, in whole or in part. You agree not to access the Website or products by any means other than through the interface that is provided by 4D-2D.com, LLC for use in accessing the Website or products.
You hereby grant to 4D-2D.com, LLC and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicense able right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the content you provide to us to be published on the Website, to use, distribute, display, reproduce, modify, and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to content contained on hyper linked pages or any other content you do not submit to us.
The terms constitute the entire and exclusive and final statement of the agreement between you and 4D-2D.com, LLC with respect to the subject matter hereof, and govern your use of the Website and products, superseding any prior agreements or negotiations between you and 4D-2D.com, LLC with respect to the subject matter hereof. The terms and the relationship between you and 4D-2D.com, LLC shall be governed by the laws of the state of Florida as applied to agreements made, entered into and performed in Florida. You hereby irrevocably submit to the exclusive courts of competent jurisdiction in Saint Lucie County, Florida for all legal matters related to this Agreement. Service of process in any such action may be affected either by certified mail, return receipt requested, or by recognized national private carrier where you or your authorized agent accepts delivery of such service of process. Our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms 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 that the other provisions of the terms 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 Website, products, or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms are for convenience only and have no legal or contractual effect.
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