These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and DzCelestial3D
https://dzcelestial3d.com/
website as well as any other media form, media channel,
mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”).
__________
,
United States
__________
__________
.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or
modifications to these Terms of Use
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose
to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not
use the Site in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website
designs, audio, video, text, photographs, and graphics on the
Site
(collectively, the “Content”) and the trademarks, service marks,
and logos
contained therein (the “Marks”) are owned or controlled by us or
licensed to
us, and are protected by copyright and trademark laws and
various other
intellectual property rights and unfair competition laws of the
United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except
as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be
copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited
for any commercial purpose whatsoever, without our express prior
written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a
copy of any portion of the Content to which you have properly
gained access
solely for your personal, non-commercial use. We reserve all
rights not
expressly granted to you in and to the Site, the Content and the
Marks.
By
using the Site, you represent and warrant that:
(1)
you have the legal capacity and you agree to
comply with these Terms of Use;
(2) you
are not a minor in the jurisdiction in which you reside
; ( 3) you
will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise;
(4) you
will not use the Site for any illegal or unauthorized
purpose; and (5) your
use of the Site will not violate any applicable law or
regulation.
If
you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current
or future use of the Site (or any portion
thereof).
You
may not access or use the Site for any purpose other
than that for which we make the Site available. The Site
may not be used in connection with any commercial
endeavors except those that are specifically endorsed or
approved by us.
As
a user of the Site, you agree not
to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
-
Use
the Site
as part
of any
effort
to
compete
with us
or
otherwise
use the
Site
and/or
the
Content
for any
revenue-generating
endeavor
or
commercial
enterprise.
-
Use
the Site
to
advertise
or offer
to sell
goods
and
services.
-
Sell
or
otherwise
transfer
your
profile.
-
Re-publish my content as your own -
Sell my content as NFTs -
Claim to be me
5. USER
GENERATED
CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any
use of the Site in violation of
the foregoing violates these
Terms of Use and may result in,
among other things, termination
or suspension of your rights to
use the Site.
6. CONTRIBUTION
LICENSE
You
agree that we may access, store, process, and use any
information and personal data that you provide following
the terms of the Privacy Policy and your choices
(including settings).
By
submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal
action against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
8. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms
of Use no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website
to which you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
We reserve the
right, but not the obligation, to: (1) monitor the Site for
violations of
these Terms of Use; (2) take appropriate legal action against
anyone who, in
our sole discretion, violates the law or these Terms of Use,
including without
limitation, reporting such user to law enforcement authorities;
(3) in our sole
discretion and without limitation, refuse, restrict access to,
limit the
availability of, or disable (to the extent technologically
feasible) any of
your Contributions or any portion thereof; (4) in our sole
discretion and
without limitation, notice, or liability, to remove from the
Site or otherwise
disable all files and content that are excessive in size or are
in any way
burdensome to our systems; and (5) otherwise manage the Site in
a manner
designed to protect our rights and property and to facilitate
the proper
functioning of the Site.
10. PRIVACY
POLICY
We
care about data privacy
and
security. By
using the Site,
you agree to be
bound by our
Privacy Policy
posted on the
Site, which is
incorporated
into these Terms
of Use. Please
be advised the
Site is hosted
in
the
United
States
.
If you access
the Site from
any other region
of the world
with laws or
other
requirements
governing
personal data
collection, use,
or disclosure
that differ from
applicable laws
in
the
United
States
,
then through
your continued
use of the Site,
you are
transferring
your data to
the
United
States
,
and you agree to
have your data
transferred to
and processed in
the
United
States
.
These
Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from
registering and
creating a new account under your name, a fake or borrowed name,
or the name of
any third party, even if you may be acting on behalf of the
third party. In
addition to terminating or suspending your account, we reserve
the right to
take appropriate legal action, including without limitation
pursuing civil,
criminal, and injunctive redress.
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to
modify or discontinue all or part of the Site without notice at
any time. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of
the Site.
We cannot guarantee
the Site will be available at all times. We may experience
hardware, software,
or other problems or need to perform maintenance related to the
Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to
access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any
corrections, updates, or releases in connection
therewith.
These Terms of Use and your use of the Site are governed
by and construed in accordance with the laws of
the State of Oregon
applicable to agreements made and to be entirely
performed within
the State of
Oregon
, without regard to its conflict
of law principles.
Any legal action of whatever nature brought by either you
or us (collectively, the
“Parties” and individually, a
“Party”) shall be commenced or
prosecuted in the
state and federal courts
located in
Washinton County
,
Oregon
, and the Parties hereby
consent to, and waive all
defenses of lack of personal
jurisdiction and forum non
conveniens with respect to venue
and jurisdiction in such
state and federal courts
. Application of the
United Nations Convention on
Contracts for the International
Sale of Goods and the Uniform
Computer Information Transaction
Act (UCITA) are excluded from
these Terms of Use.
In no
event
shall
any
claim,
action,
or
proceeding
brought
by
either
Party
related
in any
way to
the Site
be
commenced
more
than
one
(1)
years
after
the
cause of
action
arose.
There may be
information on the Site that contains typographical
errors, inaccuracies, or
omissions, including descriptions, pricing,
availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to
change or update the
information on the Site at any time, without prior
notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE
AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
You agree to
defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability,
claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or
arising out of:
(1)
use of the Site; (2)
breach of these Terms of Use; (3)
any breach of your representations and
warranties set forth in these Terms of Use;
(4)
your violation of the rights of a third party,
including but not limited to intellectual
property rights; or (5)
any overt harmful act toward any other user of
the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive
defense and control of any matter for which you
are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to
notify you of any such claim, action, or
proceeding which is subject to this
indemnification upon becoming aware of
it.
We will maintain
certain data that you transmit to the Site for the
purpose of managing the
performance of the Site, as well as data relating to
your use of the Site. Although we perform regular
routine backups
of data, you are solely responsible for all data that
you transmit or that
relates to any activity you have undertaken using the
Site. You agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against
us arising from any such
loss or corruption of such data.
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and
other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or
retention of non-electronic records, or to payments or
the granting of credits by any means other than
electronic means.
If any complaint
with us is not satisfactorily resolved, you can contact
the Complaint
Assistance Unit of the Division of Consumer Services of
the California
Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void,
or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the
Site, please contact us at:
These terms of use were created using Termly's Terms
and Conditions Generator.