Terms and Conditions

This document governs the terms of use of Model.Net (ModelNet) products, services, and website, as well as other sites which are operated by or affiliates of ModelNet. ModelNet provides the Model.Net site allowing you, or your company or other entitiy (“you, “yourself”, “your”) to access Model.Net services, features and products.

By accessing the Model.Net website, or any of its subsidiary or affiliated websites, you accept these Terms of Use and agree to be bound by their terms and conditions. If you continue to use any ModelNet website you are accepting the terms and conditions laid out in this document. Should you not agree with these terms cease using all ModelNet products or services, including websites and are not authorized to continue in their use. In addition, if you do wholly agree with the terms and conditions laid out in the privacy policy you should not provide any information to ModelNet. By continuing to use ModelNet products, services, and websites, you continue to agree to be bound by the terms laid out herein.

1.REGARDING THE USE OF PRODUCTS, SERVICES, AND WEBSITES

You may use the products, services and websites run by ModelNet only in accordance with terms laid out in this agreement. In addition, you may only utilize those products, services, and websites for lawful purposes.

There may be certain products, services, or websites run by, or affiliated with, ModelNet which will require you to enter into additional agreements before their use. Any such additional agreements are simply additions to this agreement and govern only the products, services, or websites which they specifically cover.

2.REGARDING THE TERM AND TERMINATION OF THIS AGREEMENT

This agreement may be terminated, along with any product, service, or website, with or without notice to you and with or with cause and at the sole discretion of ModelNet. Upon the termination of this agreement all privileges granted will no longer be valid and cease to exist. The following sections will survive the termination of this agreement regardless of the cause:

3. Regarding Registration and Access to Products, Services, and Websites
5. Regarding Representations and Warranties
6. Regarding Intellectual Property
7. Disclaimer
8. Regarding the Limitation of Liability
9. Regarding Indemnification
11. Regarding the Privacy Policy

3.REGARDING REGISTRATION AND ACCESS TO PRODUCTS, SERVICES, AND WEBSITES

Some ModelNet products, services, and websites will require you to register, submitting specific information about youself. As discussed elsewhere in these Terms, you certify that all registration information you provide during the registration process is accurate, complete, and current.

In using all ModelNet products, services, and websites you will not license, rent, lease, loan, resell, or comerically exploit or make available to a third party in anyway. In addition you may not use a modified version of, or reproduce in anyway any ModelNet products, services, or websites.

Any and all rights which have not been expressly granted to you through the Terms laid out in this agreement are reserved by ModelNet and its licensors.

4.REGARDING THE COLLECTION AND UTILIZATION OF DATA

The data collect by ModelNet resulting from your use of ModelNet products, services, and websites will be solely owned by ModelNet and may be used by ModelNet for any lawful purpose. In utilizing this data ModelNet will not be accountable to you provided that the data is only utilized in an aggregated and anonymous form. ModelNet reserves the right to utilize a variety of tools such as data capture tools to synthesize, extract, and compile data it obtains in adherence with the Privacy Policy discussed below.

5.REGARDING REPRESENTATIONS AND WARRANTIES

In accordance with the Terms laid out in this agreement you agree to represent and warrant for the benefit of ModelNet that:

i)All of the information, otherwise known in the document as data, that you provide to ModelNet in connection with any product, service, or website governed by this agreement is wholly correct and currently accurate.
ii)You possess all the legal rights and authority to perform all the necessary obligations list in these Terms.
iii)You grant all the rights and licenses described in these Terms and any additional agreements you enter through additional products, services, and websites to ModelNet.
iv)You have all the necessary legal rights and authority to full accept these Terms.
v)If you are accepting this agreement on behalf of a company, or any other entity, you agree to bind the company or other entity to Terms laid out in this agreement.

6.REGARDING INTELLECTUAL PROPERTY
Please be aware that both US and international copyright laws apply to all ModelNet products, services, and websites.  ModelNet and its licensors own all rights, title, and interest in ModelNet products, services, and websites. This includes, but is not limited to, data gathered in accordance with the Privacy Policy provided and any Intellectual Property Rights therein.  ModelNet claims sole ownership of all this content.

All content, including names and logos involved with ModelNet products, services, or websities belong to ModelNet and you are not given license under any copyright, trademark, patent or other intellectual property right to this content.  The content listed above, along with any other content included with ModelNet products, services, and websites are trademarks of ModelNet.

7.DISCLAIMER

YOU ACCEPT THAT THERE IS NO WAY TO PROVIDE ERROR-FREE ACCESS TO ALL ModelNet PRODUCTS, SERVICES, AND WEBSITES AND THAT DOWNTIME, INTERRUPTIONS, AND TECHNICAL MALFUNCTIONS AND CRASHES MAY OCCUR. ModelNet PROVIDES ALL PRODUCTS, SERVICES, AND WEBSITES AS IS, WITH NO WARRANTIES OR GUARANTEES.

ModelNet DOES NOT CLAIM OR REPRESENT THAT:

i)PRODUCTS, SERVICES, AND WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANYWAY.
ii)ANY INFORMATION GENERATED OR ACQUIRED WHILE YOU ARE USING ANY ModelNet PRODUCTS, SERVICES, OR WEBSITES WITH BE ACCURATE, RELIABLE, OR UP-TO-DATE.
iii)ModelNet PRODUCTS, SERVICES, OR WEBSITES, WITH BE TIMELY, UNINTERRUPTED, SECURE, OR FREE OF ERRORS.

IN ACCORDANCE WITH THE TERMS LAID OUT IN THIS AGREEMENT ModelNet DISCLAIMS ALL WARRANTIES, REPRESENTATION, AND LIABILITY IN ALL FORMS, INCLUDING ANY IMPLIED WARRANTY OR WARRANTY WITHOUT LIMITATION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NO OTHER WRITTEN DOCUMENT OR ORAL CONTRACT SHALL SUPERSEDE THIS DOCUMENT. YOU AGREE THAT ALL USE OF AND ACCESS TO ModelNet PRODUCTS, SERVICES, AND WEBSITES IS ENTIRELY AT YOUR OWN RISK AND THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR WHILE USING THEM.

8.REGARDING THE LIMITATION OF LIABILITY

ModelNet WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, IT’S PRODUCTS, SERVICES, OR WEBSITES. UNDER NO CIRCUMSTANCES WILL ModelNet BE LIABLE FOR ANY DAMAGES, BE THEY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, OR OTHERWISE REGARDLESS OF CONTRACT OR ANY OTHER LEGAL THEORY. IN ADDITION, ModelNet WILL NOT BE LIABLE FOR DAMAGES ARISING FOR THE INFORMATION PROVIDED THROUGH ITS PRODUCTS, SERVICES, AND WEBSITES, REGARDLESS OF THE USE OR INABILITY TO USE SAID PRODUCTS, SERVICES, OR WEBSITES. EVEN SHOULD ModelNet BE ADVISED OF LOSS OR DAMAGES BEFORE THEY OCCUR AND REGARDLESS OF WHETHER ARE NOT THEY ARE FORESEEABLE, ModelNet WILL BE NOT LIABLE FOR ANY DAMAGES.

9.REGARDING INDEMNIFICATION

By using ModelNet products, services, and websites you accept these Terms and agree that you will indemnify, defend, and hold harmless ModelNet, all of its employees, directors, officers, and affiliates from all liabilities including, but not limited to, claims, damages, fees, expenses, and costs including all settlement amounts, damage awards, and fees which might result from a claim or allegation arising from:

i)Your use of ModelNet products, services, and websites including, but not limited to, any data disseminated or transmitted by either yourself or your Registrants.
ii)Your own negligence or any intentional misconduct while using ModelNet products, services, or websites.
iii)Your violation of any Term of this agreement.

ModelNet shall provide the user with notice of any claim or allegation and reserves the right to participate in the defense of any claim at its own expense.

10.REGARDING NOTICES

ModelNet may deliver notices to you by posting a general notice on the ModelNet website. Such a notice will effective 48 hours after being posted. By these terms you agree that all notices by you will be delivered by certified or registered mail, electronic facsimile, or courier to ModelNet’s address as provided on its website. 

11.REGARDING THE PRIVACY POLICY

You can find ModelNet’s privacy policy (henceforth as the “Privacy Policy”) on the website Model.Net. That privacy policy is wholly
included in this agreement by reference. By accepting the terms in this agreement you accept the use and disclosure of your personal information as laid out in the Privacy Policy.

12.REGARDING EXTERNAL AND LINKED WEBSITES

ModelNet websites may contain links to external third party websites which are not affiliated with ModelNet and not governed by these Terms
or the associated Privacy Policy. ModelNet is not responsible for the content or Terms associated with any third party websites and you access
any such third party websites solely at your own risk. External links to third party websites in no way signify the endorsement of ModelNet. 

ModelNet permits, under these Terms, any party to link to its websites provided that:

i)The Link does not imply any affiliation between your website and any website run by ModelNet.
ii)That you do use any content or trademarks appearing on any ModelNet products, services, or websites on your website.
iii)You do attempt to incorporate ModelNet products, services or websites into your website in anyway, including the use of frames unless you possess explicit written permission from ModelNet.

13.REGARDING GENERAL PROVISIONS

The Terms laid out in this agreement are the complete and exclusive statement between ModelNet and you regarding ModelNet products,
services, and websites. This agreement supersedes all other agreements, documents, or proposals, be they oral or written, including any communications between ModelNet and you.

The Terms laid out in this agreement will be governed only by the laws of the State of Nevada. In addition, they will be governed without regard for conflicts of law principals. By accepting these terms you agree that any and all disputes which arise from the Terms laid out in this agreement may only be brought to state or federal courts within the state of Nevada.


If any part of this document should prove to be invalid or unenforceable for any reason, that part shall be replaced and overridden by a replacement which more clearly and validly represents the original intended meaning.

You may not, in any capacity, transfer this agreement or any rights, abilities, privileges, or obligations given through this agreement by ModelNet to any third party without the explicit written consent of ModelNet. Any such transfer will void the agreement.

The terms herein do not acknowledge any third party beneficiaries.