3DScanHub

Terms

Terms and Conditions of Website Use

1. Consent to be Bound by Terms and Conditions.

Welcome to the 3dscanhub.com group of websites owned and operated by United Artworks. These “Terms and Conditions” shall provide the terms and conditions of use of, and access to, any services provided (the “Services”) by United Artworks and its affiliates, including, but not limited to, 3dscanhub.com, peoplescans.com, sculpturescans.com, antiquescans.com, fossilscans.com, and 3dnaturescans.com (collectively, the “Company”), Company’s websites (the “Sites”), and information, text, graphics, or other materials appearing on the Sites created and/or provided by us (the “Content”). These Terms and Conditions shall limit Company’s liability and obligations to you, and accessing or using the Services, Sites and/or Content shall constitute your explicit agreement with these Terms and Conditions and consent to be bound thereby. If you visit or shop at any of the Sites owned and operated by United Artworks, you accept these conditions. Please read them carefully. Further, your access to and use of the Services, Sites and/or Content shall be permitted solely upon your compliance with these Terms and Conditions. Company specifically reserves the right to change, modify, limit, suspend or terminate your access to and use of the Services, Sites and/or Content within our sole discretion.

2. Copyrights and Trademarks.

All Content included on our Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and all compilations thereof are the property of the Company or its content suppliers, and are protected by United States and international copyright laws. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Company or its content suppliers, and are protected by United States and international trademark laws and may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Company.

3. Sales and Returns.

All sales are final. However, should the licensed material delivered to you be defective in any way, please contact us within thirty (30) days of purchase at This email address is being protected from spambots. You need JavaScript enabled to view it. for transmission of a replacement file.

4. Digital Millennium Copyright Act Compliance.

4.1 Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, if you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide the written information specified below to United Artworks' Designated Copyright Agent. Company shall respond expeditiously to claims of copyright infringement committed using the Service, Sites and/or Content. Upon receipt of such Notice, Company shall take whatever action, in its sole discretion, that it deems appropriate, including but not limited to, removal of the alleged infringing content from the Sites.

  • Your full legal name, company affiliation (if any), address, telephone number, and e-mail address;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed upon;
  • A description of where the material that you claim is infringing (or is the subject of infringement) is located on the Site(s), including at a minimum, the URL of the link shown on the Site(s) or the exact location where such material may be found;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

4.2 United Artworks’ Designated Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:

Andrew Werby

Attn.: United Artworks Copyright Agent

8730 "E" St., Oakland, CA 94621

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

5. Indemnity.

You agree to defend, indemnify, and hold Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in any way connected with: (i) your access to or use of the Sites and/or Services; (ii) your violation of these Terms and Conditions; (iii) your violation of any third party right, including, but not limited to, any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) your violation of any criminal statute of any jurisdiction in the United States or internationally in connection with your use of the Sites and/or Services.

6. Privacy.

Company’s Privacy Policy is incorporated in full by reference into these Terms and Conditions. A copy of our full privacy policy can be found on this Site here.

7. Notice.

You consent to receive any and all communications and notices required under this Agreement from Company electronically. We will communicate with you by email or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement or requirement of this Agreement that such communications be in writing.

8. Termination.

If you violate any of these Terms and Conditions or any policies expressly or impliedly incorporated herein, your permission to use the Services, Sites and/or Content shall automatically terminate. Company reserves the right to revoke your access to and use of the Services, Sites and/or Content at any time, with or without cause, and with or without notice.

9. Links.

This Site may contain links to third-party websites or resources. You acknowledge and agree that Company may not be held responsible or liable in any way for: (i) such websites’ availability or accuracy; or (ii) such websites’ offered or advertised content, products, or services. Links to such websites do not imply any endorsement by Company of such websites or its content, products, or services. You acknowledge sole responsibility for, and assume all risk arising from use of, your use of any such websites.

10. Disclaimer of Warranties and Limitation of Liabilities.

10.1 THE SERVICES, SITES AND CONTENT ARE PROVIDED “AS IS”, ARE PROVIDED BY UNITED ARTWORKS “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 10.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT USE OF THE SERVICES, SITES AND/OR CONTENT MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF DATA TO UNINTENDED THIRD PARTIES. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR CONTENT WILL BE MADE AVAILABLE FOR LICENSE OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, SITES AND/OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 10.3 COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING FROM THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES, THIS SITE AND/OR CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES FOUND WITHIN THE SITES OR CONTENT. FURTHER, COMPANY SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES, OR IF CUSTOMER’S DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES. 10.4 SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF COMPANY AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. General Provisions.

11.1 Severability. If any one or more of the terms or conditions herein or of any other agreement or instrument given pursuant to or in connection with these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term and/or condition shall be deemed severable and shall not affect the validity and enforceability of any other remaining term or condition herein. 11.2 Waiver. The failure or delay of either party to enforce at any time any of the provisions of this agreement, or any right with regard hereto, shall in no way be construed to be a waiver of such provisions or any other provision herein or to be an estoppel or novation or in any way to affect the validity of this agreement. 11.3 Entire Agreement. These Terms and Conditions contain the entire agreement between the parties, and there are no agreements, representations or warranties not set forth herein. All prior negotiations, agreements and undertakings are superseded by this agreement. This agreement may not be amended, modified or revised except in writing and signed by both parties. 11.4 Right to Amend. We reserve the right to make changes to the Services, Site, Content, policies, and these Terms and Conditions at any time. 11.5 Governing Law. This Agreement will be governed in all respects by the laws of the State of California without reference to its laws relating to conflicts of law. 11.6 Disputes. Any disputes arising from this Agreement or its enforceability shall be finally determined and settled by binding arbitration, rather than in court, in Oakland, California pursuant to the rules then obtaining of the American Arbitration Association. The arbitrator is directed to award to the prevailing party reasonable attorneys' fees, costs, and disbursements, including reimbursement for the cost of witnesses, travel, and subsistence during the arbitration and hearings. Any award rendered thereon may be entered in the highest court of the forum state or federal district having jurisdiction. The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. Notwithstanding the foregoing, the parties also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.