You must read and agree to this Terms of Service Agreement (“Agreement”) if you are a User of Hypr3D’s website or Hypr3D's 3D model creation services made available through authorized third party websites (“Hypr3D Services”). Hypr3D’s website consists of its site located at the URL http://hypr3D.com, as well as its application, widget, and gadget for social networks (including but not limited to Facebook Platform, Twtter Platform, Google OpenSocial, and Iphone App Store). Collectively herein, the Hypr3D Services and the Hypr3D website and applications will be referred to as the "Site".
There are two general types of users, registered users that have registered with Hypr3D or who have registered with an authorized third party that provides access to Hypr3D Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's 3D model.
You must be 13 years of age or older to be a User of the Site. By continuing to use the Site, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the Site.
This Terms of Service Agreement was last updated on October 11, 2011. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Site after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Site is owned and operated by Viztu Technologies, Inc., a Delaware Corporation with a place of business at 701 Concord Ave. Cambridge, MA 02139. The Hypr3D Site provides Registered Users with the ability to have a 3D model ("Hypr3D Model") automatically created by Hypr3D using uploaded photographs or video clips ("Image Content").
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and Hypr3D is not liable to you for any temporary interruption in services.
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.
During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Hypr3D immediately if you learn of an unauthorized use of your password.
If you choose to utilize our Mesh Editing service, you agree to pay all fees associated with that service ("Fees"). Upon each service selection, you will be prompted to pay for that service in full.
Hypr3D may provide you with the ability to pay the Fees through a service such as PayPal or Google Checkout. All Fees paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
If, for any reason, your payment is not received by Hypr3D, your mesh editing service and any resulting content will be placed on hold until payment is received by us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
You agree to obey all applicable rules and regulations in using the website, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content and Hypr3D models created therefrom (collectively, “Submissions”).
You agree that you will not upload, share, or otherwise distribute any Submissions– including text, graphics, images, data, or other information — that:
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator (“URL”) for the non-complying model or content, and the reasons you believe it does not comply. You understand that in using this website, you may be exposed to materials that are objectionable as set forth above.
You hereby waive and agree to waive all rights, claims, and actions in law or equity against Hypr3d arising from your exposure to such materials. You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not link to the Site unless you comply with these linking conditions.
Your ability to share your Hypr3D model may depend on whether you obtained access to Hypr3D Services from an authorized third party, and therefore you may not have all of the sharing capabilities described. You may share your Hypr3D model hosted on the Site by using Hypr3D's model player code to play your 3D model in your own personal Site or web page. You may also share your Hypr3D model by downloading it to a storage device, personal computer, or mobile device.
You agree that you will not modify the model player code in any way, nor will you modify the display of your Hypr3D model.
You may also share your Hypr3D models hosted on the website by emailing or otherwise sharing the link associated with your Hypr3D model.
Your right to link to the Hypr3D website is expressly conditioned upon your compliance with the following restrictions:
Hypr3D’s Intellectual Property Rights - Hypr3D is the owner and retains all proprietary rights to the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the website and its content only as specifically authorized by us.
Hypr3D’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Hypr3D, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Hypr3D.
Hypr3D’s software and services available on this website are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with this website and in accordance with these Terms of Service.
Others’ Intellectual Property Rights - Hypr3D deeply respects the third party intellectual property rights that may be implicated in creating an Hypr3D model. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating an Hypr3D model using Hypr3D’s proprietary software, you will be able to use your own Image Content. The Image Content has associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content. Image Content may be protected by copyright, even if not marked with the © symbol.
If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Hypr3D model. (For example, professionally-taken photographs should not be used in an Hypr3D model unless you have received permission from the photographer to do so.)
Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Hypr3D model. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our website.
You may want to search for Image Content through the Creative Commons.
You warrant that all Image Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image Content as contemplated by the website and grant Hypr3D the rights described herein. Use of the site is limited to personal, non-commercial purposes only.
You hereby grant to Hypr3D a royalty-free, perpetual license to use, copy, create, modify, display and host your Hypr3D model and Image Content.
All trademarks and/or service marks displayed on the website are the exclusive property of their respective owners, and may not be used without the owner’s permission.
Notice of Copyright or Intellectual Property Infringement - Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Viztu Technologies designates the following individual as its agent for receipt of notifications of claimed infringement:
c/o Joseph Theis
Attn: Viztu Technologies DMCA Claims
53 State Street
Boston, MA 02109 USA
By Email: jtheis [at] goodwinprocter.com
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Your account will be terminated if, at Hypr3D's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Hypr3D may, from time to time, provide the ability for its users to place an order ("Order") for products relating to Hypr3D models, such as a 3D printed object ("Products"). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site.
All prices are in U.S. dollars. Prices do not include delivery charges or any import duties that may be added by the Order destination country. Delivery charges will be added to your Order during the checkout process. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.
Title and risk of loss for any Orders pass to you upon our delivery of Products to our carrier. When you place an Order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged at the time of shipment.
Any Products you Order are for your own personal use and enjoyment, and may not be distributed for commercial purposes or resold.
Hypr3D provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to you by Hypr3D shall be free from defects in materials, design and workmanship. If a Product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then you shall have the right to request a replacement Product as set forth below.
Note that this limited warranty does not in any way cover your dissatisfaction with the quality of the Hypr3D model arising from or relating to the content uses to create the Hypr3D model.
Products which do not conform to Hypr3D's limited warranty provided for herein will be replaced within thirty (30) days of delivery. No credits or refunds will be given. Replacement is your sole and exclusive remedy for any breach of such warranty.
If you would like to make a warranty claim for a replacement product, send an email to support [at] Hypr3D.com
You will receive a response email with instructions on processing your warranty claim.
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," HYPR3D EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND HYPR3D'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID HYPR3D, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL HYPR3D BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. HYPR3D SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Hypr3D, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) the viewing of your content or model, (c) the violation of laws, rules, regulations or terms this Agreement, or (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Hypr3D reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hypr3D in asserting any available defenses.
Upon registering with hypr3D, you will be assigned one (1) user account. You are limited to one account per person. Hypr3D limits the maximum amount of disk space per account for storing hypr3D models and User content to 1 Gigabytes. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
Do not rely upon this website as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.
Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
We may terminate or suspend your use of this website at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and 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 this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous
Hypr3D may offer a referral program, whereby an incentive is offered to a user ("Referrer") who refers another user to Hypr3D. Hypr3D reserves the right to discontinue, terminate or modify the referral program at any time. Credits or incentives awarded to a Referrer are not transferable, and have no cash value. Referrers are not agents of Hypr3D, and are not authorized to make any commitment on behalf of Hypr3D. Hypr3D is not responsible for the conduct of Referrers, and Referrers agree to hold Hypr3D harmless from and against any claims arising from Referrer's conduct.
Referrals to the Site are subject to the Linking Conditions set forth herein above. In addition, Referrers may only refer to the Site using the items provided by Hypr3D for such purpose ("Hypr3D Referral Assets"). Referrers may not alter or modify the Hypr3D Referral Assets in any way.
Referrer's participation in any Hypr3D referral program is expressly conditioned upon Referrer's agreement and compliance with the following:
Any failure to comply with the above or using unapproved methods of referring third parties to the Site, including without limitation delivering the Hypr3D Site content in a framed environment, is a violation of this Terms of Service, will not result in a credit or incentive to Referrer, and may result in a termination or suspension of Referrer's Hypr3D account at Hypr3D's discretion.
The laws of the state of Massachusetts, USA, will apply to all matters relating to these Terms of Service, the use of this website and/or services provided through this website, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, District of Massachusetts in Boston, MA.
All notices to a User or to Hypr3D shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@Hypr3D.com, if by email, or at Viztu Technologies, Inc., 701 Concord Ave. Cambridge, MA 02139 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Hypr3D.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by Hypr3D, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.