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WEB SITE TERMS AND CONDITIONS OF USE
1. TermsBy accessing this web site (the “Website”), you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable federal, state and local laws and regulations (collectively, “Terms”) and agree that you are responsible for compliance with the Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website. Everything contained in the Website is protected by applicable copyright and trademark law. The entire Website is copyrighted in favor of Spyder and may not be used in whole or in part except in accordance with Spyder’s rights and the Terms.
2. Downloading Use LicenseA. Permission is granted to temporarily download one copy of the software design files (“Work”) on the Website for personal, transitory use only. By downloading the copy of the Work you agree that the Work is the property of the designer (which may be Spyder itself) and that you will respect and protect the rights of the designer, the Work and Spyder. No permission is granted to use or transfer any Other Matter (defined as any matter, materials, ideas, proposals, suggestions, software or any other thing whatsoever on, in or used in conjunction with the Website, other than the Work itself). This is the grant of a license of the Work, not a transfer of title, and under this license you may not: 1. modify, copy, publish, distribute, sell, assign or transfer the Work or Other Matter or any part thereof; 2. use the Work or Other Matter for any commercial purpose, or for any public display (commercial or non-commercial), except to display or sell a completed version of the printed output of the Work. 3. attempt to decompile or reverse engineer any Work or Other Matter contained on the Website; 4. remove any copyright, trademark or other proprietary notations from the Work or Other Matter; or 5. transfer the Work or Other Matter to another person or “mirror” the Work or Other Matter on any other server. B. This license of the Work shall automatically terminate if you violate any of the Terms and may be terminated by Spyder at any time. Upon terminating your viewing of the Work or upon the termination of this license, you must destroy any downloaded Work in your possession whether in electronic or printed format. Any attempted use of all or any part of the Website, any information on or about the Website, Other Matter or the Work outside the scope of the license is strictly prohibited and will be prosecuted to the fullest extent of the law.
3. DisclaimerA. The Work and all Other Matter on the Website are provided “as is”. Spyder makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, express or implied warranties, or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, even if Spyder has previously been notified of any claim against or deficiency in the Work or any Other Matter on its Website. Further, Spyder does not warrant or make any representations concerning the accuracy, completeness, likely results, or reliability of the use of the Work or Other Matter on the Website or otherwise relating to such Work or Other Matter or on any sites linked to this site. In view of the access of third parties to the Website, Spyder additionally specifically disclaims any warranty that the Website or the Work or Other Matter is virus free or that accessing its Website or Work or Other Matter will not cause damage to any user of the Website.
4. LimitationsIn no event shall Spyder, its members, shareholders, officers, employees, consultants, agents, representatives or suppliers be liable for any damages (including, without limitation, incidental or consequential damages of any type including but not limited to loss of data or profit, or due to business interruption) arising out of the use or inability to use the Work or Other Matter, even if Spyder or Spyder’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall Spyder be liable to any Person for any cause in any amount in excess of $100.
5. Revisions and ErrataThe Work and Other Matter appearing on the Website could include technical, typographical, or photographic errors. Spyder does not warrant that any of the Work or Other Matter are accurate, complete, current, virus free or non-infringing, even if Spyder has been advised of some claim or problem previously. Spyder may make changes to the Work or Other Matter at any time without notice. Spyder does not, however, make any commitment to update the Work or other matter.
7. Submissions to Spyder.
A. Uploading designs or software files for designs: By uploading any design or other work (the “Work”) for use by others in creating a 3D printer object onto the Spyder Website you represent and warrant that you own the Work, that neither it nor the uploading of it onto the Spyder Website violates the rights (including but not limited to infringement) of any other Person (“Person” includes natural persons, corporations, associations, LLPs, partnerships, and any other organization recognized as a legal entity or association by any jurisdiction within or without the United States), that it contains no virus, malicious code, bug or anything which could cause damage to, adversely affect, or obtain unauthorized access to, any information from, or install unauthorized material on, Spyder’s Website or the computer or other device of any Person who downloads the Work or any part of it. You agree that Spyder does not own the Work but by uploading you give Spyder a non-exclusive, royalty-free license to print, display, publish and promote the Work; that you are of legal age and have the proper consent to upload the Work; that any and all Persons may download the Work in accord with the rules for downloading set forth in these Terms, that if you have any additional restrictions on the use of the Work, you have conspicuously posted them with or as part of your Work, that you agree that you will enforce any such rights yourself or through others and indemnify and defend Spyder from any involvement in any such dispute and that Spyder has no obligation to enforce any of your rights, whether posted by you or as part of the Terms. In the event that you wish to charge for the Work, you shall enter into a written agreement with Spyder regarding such charges.
B. Other: Any Other Matter submitted to Spyder shall become the property of Spyder without any right of compensation, express or implied, in favor of the proposer regardless of whether such Other Matter contain or state any purported restriction on use or are in fact used in whole or in part by Spyder. No such submission shall be entitled to any trade secret or confidentiality protection. The definition of Other Matter also includes everything which is proprietary to Spyder or which Spyder has rights to use, whether developed internally or otherwise.