Terms of Service

Effective August 29, 2014

A. About Us:

Welcome to ustatue.com (the “Website”). Ustatue, Inc. (“Ustatue”, “us”, “we”, or “our”) provides a service for people to create three dimensional renderings using images and other User Content (defined below) and to have that rendering brought to life by three dimensional printing to create a physical model of that rendering (a “Statue”) by our Affiliate (defined below). We do this through the services offered on the Website and by the products and services otherwise offered by us (together with the Website, a Statue, Content, and all of the products and services offered by us, our “Services”). By accessing or using our Services, you the end user of our Services (“User”, “you”, or “your”), expressly agree to be bound to and to abide by these Terms of Service (“Terms”), our Privacy Policy, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements whether or not you register for a user account (an “Account”) with us, or whether or not you obtain, transmit, post, send, receive, link, email, or otherwise communicate (“Transmit”): User Content (defined below), text, images, video, audio, photographs, graphics, messages, comments, data, information, links, software, music, or any other input (collectively, “Content”) using our Services to us or other Users. If you do not agree to be bound to or to abide by these Terms of Service and our other Policies, do not browse our Website or use our Services.

BY ACCESSING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.

B. Our Terms of Service:

1. Service Conditions. You cannot not use the Services unless you: (a) are at least 18 years of age or (b) obtain the consent and supervision of your parent or legal guardian, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Services. By accessing the Website, you represent and warrant to us that you have the right, authority and capacity to agree to, and abide by these Terms.

2. Grant of License. These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary license to access and use the Services. We shall be entitled to terminate, restrict, or suspend this license granted to you with immediate effect and without notice, including removing your ability to access or use the Services, for any reason or no reason, as determined by us. We reserve the right, at any time and in our sole discretion, (a) to block traffic or other access to the Services, whether or not directly or through third party links and (b) to block or remove your use of the Services. Except as set forth herein, nothing in these Terms are intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.

3. Account.

(a) To use certain aspects of our Services, you must create an Account. In connection our Services, you agree to provide true, accurate, current and complete information as prompted by our registration forms, and to maintain and promptly update the information you provide to us in order to keep your Account true, accurate, current and complete. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES AND/OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.

(b) We reserve the right to allow Users to create an Account by allowing our Services to access information from one or more of your existing Social Media Accounts such as Facebook, Linkedin, or Google+ (“Social Media Accounts”). By granting us access to any Social Media Accounts, you understand that we will access, make available and store any Content that you have provided to and stored in your Social Media Accounts so that it is available on and through our Services and your Account, subject to our Privacy Policy. We also may allow Users to share User Content (defined below) using Social Media Accounts in connection with our Services. You understand that if you share Content using Social Media Accounts, we have no control over how that Content may be used by others and we have no liability for how that Content may be used by others. Please see our Privacy Policy for more information.

(c) User Content Storage. We currently allow Users to store User Content (defined below) on our Services. Users can access saved User Content (defined below) by logging into their Account. You understand and agree that we may impose storage data limits on Accounts and/or remove User Content (defined below) from an Account as determined by us in our sole and absolute discretion. You further agree that we are not liable for any damages caused by our removal of any User Content (defined below) from our Services.

4. Content on Our Services Generally.

(a) By Us. All Transmits and Content on our Services, or obtained from a Linked Site (defined below) are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. Ustatue provides our Services for informational purposes only and any statements made by us are opinions only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Services or reliance on any of the aforementioned. The information published through our Services may include inaccuracies or typographical errors. We do not warrant or represent that the content available through our Services is complete or up-to-date.

(b) Linked Sites. Our Services link to other websites by allowing you to leave our Services to access third party websites or Content or by bringing third party Content into our Services via ‘inverse’ hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The Content on Linked Site belongs to the owner of the Linked Site. The Content on a Linked Site is not our Content. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.

(c) Transmitted by You.

(i) You are solely responsible for and retain all rights in the Content that you create using our Services or Transmit to us or other Users (“User Content”). You agree that you will not: (A) Transmit User Content containing nudity, as determined by us; (B) Transmit User Content of people who have not given permission for their images to be uploaded to our Services; (C) Transmit User Content that infringes on the intellectual property rights of others; (D) use our Services for the sale of goods or services; and/or (E) Transmit any objectionable User Content as determined by us in our sole discretion, including but not limited to Content containing hate or malicious material or material inciting or advocating terrorism or violence.

(ii) You will retain ownership of such User Content. However, you also agree that by Transmitting Content anywhere within, on, or using our Services, you automatically grant to us an irrevocable, perpetual, non-exclusive, paid-up, royalty free license to use, copy, sell, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content, each as determined by us. You further agree that we have the right to promote any Content through Social Media Accounts, as determined by us in our sole discretion. Further, while you retain ownership of your User Content, you agree any Statue which incorporates such User Content through tools and features made available through our Services is not proprietary with respect to you.

(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect to your User Content, and that your User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that your User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, as determined by us.

(iv) You consent to the use of your likeness contained in the User Content and release any and all claims relating to your likeness and/or your User Content, and you represent and warrant that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in the User Content to use such individual’s likeness, for purposes of using and otherwise exploiting User Content in the manner contemplated by our Services, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit User Content that contains the likeness of an identifiable individual under the age of eighteen (18), do not to include any identifying information (such as the individual’s name or address) with such User Content.

(v) You agree that we may but are not obligated to: (A) filter any Transmitted Content including but not limited to, deleting or replacing expletives or other harmful or offensive language, (B) refuse to display any Transmitted Content, (C) remove Transmitted Content from our Services for any reason or no reason, as determined by us, and/or (D) disclose any Transmitted Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Transmitted Content from our Services.

(vi) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other Content Transmitted on our Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Ustatue is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content posted or made available on our Services. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any Content Transmitted by you or by a third person using your Account.

(d) Transmitted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on our Services, and you expressly assume those risks when using our Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through our Services or a Linked Site.

5. Ordering.

(a) Statue Model Creation. Our Services allow you to create a model of your Statue using our interactive interface. You can also use User Content to create a life-like face for the model of your Statue. Once you have completed creating a model, you can order a three dimensional printed Statue of your model, so long as your Statue is approved by us. You understand and agree that the appearance, color, shape, and size of the Statue may vary due to a number of factors beyond our control. Further, you understand and agree that the quality of your model and Statue depends in part on the quality of the resolution of the User Content you upload. We will use commercially reasonable efforts to ensure that any Statue that you purchase from us varies as little from your model as possible, but we make no representation, warranty, or guaranty that your Statue will appear as it does in your model and we are not responsible for your dissatisfaction.

(b) Placing an Order. Once you submit an order to us, we will review your Statue. We reserve the right to refuse to any order for any reason or no reason, as determined by us. For example, but not in limitation of the forgoing, we may refuse your order if we believe: your Statue infringes on a third party’s rights, your Statue is offensive, or the design of your Statue is not suitable for three dimensional printing.

(c) Acceptance. Once we accept your order, we will send you a confirmation by email to the address you provide in connection with your Account. Also, we will contact you by email if we are unable to accept your order.

(c) In connection with a Statue or other the aspects of our Services for which we charge a fee, you agree to pay us the applicable fees which are displayed on our Website or otherwise communicated to you by us. In addition, you authorize us to charge your chosen payment method (credit card, debit card, PayPal account, et cetera) in connection the applicable fee. In connection with any fees paid by you, you agree: (a) to only provide valid and current payment information, (b) that we may use the tools, software or services of our payment processors to process fees and transactions on our behalf, and (c) that you agree to promptly pay all amounts due upon demand. We are not responsible or liable for any activities or conduct of our payment processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our payment processor. All fees shall be paid in US Dollars, in a manner and method determined by us.

6. Shipping; Refunds; Returns.

(a) Statues will be shipped using a carrier selected by us, as determined by us in our sole discretion. All shipment of Statues shall be FOB ORIGIN. For purposes of these Terms, the FOB ORIGIN point shall be Hungary, or such other shipping point applicable to your Statue purchase, as determined by us. This means we shall have no further responsibility for the Statues, and all risk of damage or loss or delay of the Statues shall pass to you, upon their delivery to us at the FOB ORIGIN point.

(b) If we refuse to fill your order after you have paid the applicable fees to us but before we have accepted your order, we will refund you the fees you paid by crediting your chosen payment method. However, you agree we offer no refunds of any fees paid by you once we have accepted your order prior to the time you we ship your Statue.

(c) You agree that, because each Statue is unique, you cannot return a Statue for any reason and we will not accept any return of a Statue by you.

7. Intellectual Property.

(a) Trademarks. USTATUE and USTATUE.COM, and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, advertisers, licensors (excluding you), licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.

(b) Copyright. Except in the case of Content Transmitted by you and under license to us according to these Terms, we claim a copyright, and all copyright protection afforded, under international, United States and the State of Florida laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the State of Florida to all material described in the trademarks section above. Your access to all information and Content located on our Services is strictly permitted through the license granted to you under these Terms. Except for the license granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.

(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the same. In connection with the Services, we have adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the Account termination, in appropriate circumstances, of Users who are infringe on the intellectual property rights of others.

(i) Copyright Policy. If you believe that a User is, through the use of our Services, unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly infringing or unauthorized material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our Designated Agent: (A) your physical or electronic signature; (B) identification of the works or rights that you claim to have been infringed; (C) identification of the Content on our services that you claim is infringing and that you request us to remove; (D) sufficient information to permit us to locate such Content; (E) your address, telephone number, and e-mail address; (F) a statement that you have a good faith belief that use of the objectionable Content is not authorized by the copyright or other rights owner, its agent, or the law; and (G) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our Designated Agent is the UStatue Helpdesk

email: helpdesk@ustatue.com

(ii) Other Infringement. If you believe a User is, through the use of our Services, unlawfully infringing or misappropriating your intellectual property (other than copyright), you should provide notification to helpdesk@ustatue.com and provide the following information: (A) your physical or electronic signature; (B) identification of the work(s) or rights that you claim to have been infringed (please specify the intellectual property right at issue). For an allegation of patent infringement, please provide the patent number(s) and the country/countries of origin. For an allegation of trademark infringement, please provide a list of trademark(s) at issue, the country/countries in which it is registered, and the respective registration numbers; (C) identification of the material on our services that you claim is infringing and that you request us to remove; (E) sufficient information to permit us to locate such material; (F) your address, telephone number, and e-mail address; (G) a statement that you have a good faith belief that use of the objectionable material is not authorized by the rights owner, its agent, or the law; and (H) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the intellectual property that has allegedly been infringed or violated or that you are authorized to act on behalf of the intellectual property owner.

8. Use Restrictions. You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using our Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of Ustatue, a User, or a third party (b) copy, distribute, or modify any part of our Services without our prior written authorization; (c) Transmit inappropriate, inaccurate, false, or misleading Content to our Services; (d) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Transmit Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (k) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on our Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.

9. Termination, Restriction and Suspension.

(a) Termination By You. You may cancel your Account at any time for any reason or no reason by notifying us in writing (email to helpdesk@ustatue.com is acceptable). Upon cancelation of your Account, access to certain features of the Services may be restricted. Termination of your Account will be effective within a commercially reasonable time after we receive notification of your desire to cancel and any outstanding fees owned by you are paid to us, as determined by us.

(b) By us. We retain the right to terminate, restrict, or suspend these Terms, your Account, and/or license to access or use our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, including but not limited to for your breach or violation of these Terms or our Polices.

(c) After Termination. Upon termination of your Account and/or license to access or use our Services for any reason, you agree that we may take any measures we deem necessary to prevent you from accessing our Services, including by blocking your IP address. You agree that after termination of your access to our Services, we are not obliged to retain or provide to you any Content or Personal Data (as defined in our Privacy Policy) which was collected by us, but we may elect to do so in our sole discretion.

10. DISCLAIMERS.

(a) IF YOU CHOOSE TO USE OUR SERVICES OR PURCHASE A STATUE, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES, STATUES, AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES OR STATUES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO A STATUE, THE WEBSITE, AND/OR THE SERVICES USTATUE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. USTATUE MAKES NO WARRANTY THAT A STATUE OR THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. USTATUE MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.

11. Release and Waiver of Claims. To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (I) THE SERVICES, (II) a STATUE, (III) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (IV) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/OR CONTENT obtained or accessed by or through the Services. FURTHER, if applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

12. CHOKING HAZARD; UFPs; FRAGILE; Assumption of Risk. WARNING: THE STATUE IS A CHOKING HAZARD – STATUES contain small parts. Statues are not suitable for children under 5 years. Statues may contain or emit ultrafine particles (‘UFPs’) that could be hazardous to your health if inhaled or ingested. Do not place Statues in your mouth. Statues are fragile. Please handle statues with care. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING A STATUE OR ALLOWING OTHERS TO USE A STATUE. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY USTATUE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, PRODUCTS LIABILITY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM A STATUE OR ANY ASPECT OF OUR SERVICES.

13. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY RELATED TO OR RESULTING FROM ANY ASPECT OF OUR SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO A DONATION, OR ANY ASPECT OF OUR SERVICES OR INABILITY TO USE OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the lesser of (i) one hundred twenty-five dollars ($125) or (ii) the fees paid by you to us in connection with the Services out of which the Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14. Dispute Resolution.

(a) In the event that any dispute arises with respect to our Services, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Sarasota County, Florida, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising with respect to our Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in Sarasota County, Florida or in the U.S. District Court for the Middle District of Florida, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Sarasota County, Florida or in the U.S. District Court for the Middle District of Florida as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

15. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; any Statue; any infringement of a third party’s rights; a breach of representation or warranty; Content Transmitted by you; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of our Services by you; any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies.

16. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 4, 5, 6, 7, 8, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Account, or your license to use or access the Services shall survive any such termination.

17. Notification. By using the Services, you agree that we may provide you with any notices or other communications about the Services or your Account electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liability for Transmitting any Content to Users. We prefer to that you provide us with any notifications via electronic communication.

18. Severability; No Waiver. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.

20. Our Relationship with You. With respect to you, we are an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Ustatue to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.

21. Third Parties. From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services, including but not limited to the three dimensional printing of a Statue. You agree that we may engage such third parties in providing Services to you, as determined by us.

22. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, including but not limited to any Service Agreement, constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.

23. Headings. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word.

24. Governing Law; English Language. You agree that: (a) the Services shall be deemed solely based in Sarasota County, Florida (where we have our headquarters), and (b) the Services shall be deemed passive which does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Sarasota County, Florida. These Terms, our Privacy Policy, and other Policies are governed by the laws of the State of Florida and of the United States of America, and without regard to conflicts of law principles. In the event of a conflict between these Terms and a foreign language version of the Terms, the English language version of these Terms shall govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

25. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. We merely provide a platform to allow Users to interact with other Users. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Further, you agree to comply with all laws, restrictions and regulations relating to the export of items, Content, and the Services. For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving the Services and Content.

26. Feedback. Please send your comments, concerns, or questions to: helpdesk@ustatue.com. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.

 

Privacy Policy

Effective August 29, 2014

A. About Us:

Welcome to ustatue.com (the “Website”). Ustatue, Inc. (“Ustatue”, “us”, “we”, or “our”) provides a service for people to create three dimensional renderings using images and other User Content and to have that rendering brought to life by three dimensional printing to create a physical model of that rendering (a “Statue”) by our Affiliate. We do this through the services offered on the Website and by the products and services otherwise offered by us (together with the Website, a Statue, Content, and all of the products and services offered by us, our “Services”). By accessing or using our Services, you the end user of our Services (“User”, “you”, or “your”), expressly agree to be bound to and to abide by this Privacy Policy (our “Policy”), our Terms of Service, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements whether or not you register for a user account (an “Account”) with us, or whether or not you obtain, transmit, post, send, receive, link, email, or otherwise communicate (“Transmit”): User Content, defined text, images, video, audio, photographs, graphics, messages, comments, data, information, links, software, music, or any other input (collectively, “Content”) using our Services to us or other Users. If you do not agree to be bound to or to abide by this Policy and our other Policies, do not browse our Website or use our Services.

B. Privacy Policy:

Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy shall have the meanings given to such terms in our Terms of Service. If you have any questions or concerns, please do not hesitate to contact us at: helpdesk@ustatue.com

1. Information We Collect.

(a) Personal Data is collected from you when you create an Account with us or when you otherwise disclose Personal Data to us when using our Services. “Personal Data” means any information that may be used to identify an individual. To create an Account with us, you may be asked to provide us the following Personal Data: your full name, mailing address, payment method information (credit card, debit card, et cetera), billing address, email address, and telephone number.

(b) When you browse our Services, you do so anonymously, unless you have previously created an Account with us. However, we may log your IP address (the Internet address of your computer) to give us an idea of which part of our Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Services. Like many other commercial Websites, our Services may use a standard technology called a “cookie” to collect information about how you interact with our Services. Please see “Use of Cookies” below for more information.

2. How We Use It. We use, allow access to, or disclose your Personal Data to third parties to:

(a) enable us to provide our Services to you;
(b) notify you regarding Services, your Account, fees, an order, or a Statue;
(c) increase the usability of our Services;
(d) allow you participate in promotional offers;
(e) respond to requests for assistance from our customer support team; and
(e) carry on our business, as determined by us.

3. Who We Share It With.

(a) We will use or disclose Personal Data to the extent necessary, in our sole discretion, to provide Services to you. We will not sell or rent your Personal Data, but reserve the right to do so in the future.

(b) We may disclose Personal Data to the extent required by law or by court order.

(c) We may disclose Personal Data to protect our rights and property, to prevent fraudulent activity or other deceptive practices, or to prevent a likely threat of physical harm to others.

(d) We may transfer Personal Data if we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms and Conditions of Use and this Policy will be assigned and delegated to the other company.

(e) Personal Data or other information may be shared with our agents and contractors to perform services for us.

4. Who You May Choose to Share Your Information.

(a) Any information, Personal Data, or Content that you voluntarily Transmit in connection with our Services may become available to other Users and/or the public. Once you have Transmitted Content or made it public, that Content may be re-shared by others.

(b) Subject to your Account and privacy settings, any Content that you make public is searchable by other Users and subject to use by others and we are not responsible for how others may use it.

(c) If you remove information, Personal Data, or Content that you Transmit to our Services, copies may remain viewable in cached and archived pages of our Services, or if other Users or third parties copied or saved that information.

5. Security of Your Personal Information. We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, we or our payment processors use the Secured Socket Layer (SSL) encryption when collecting, storing, or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

6. Your Account.

(a) Users may review and update Personal Data by logging into their Account. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to any Personal Data.

(b) If your Account is terminated by you or us, we will remove your name and other Personal Data from our publicly viewable database. If you close your Account, we have no obligation to retain your information, and may delete any or all of your Account information without liability. However, we may retain Content related to you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, including but not limited to Account recovery, auditing our records, enforcing our rights and obligations under our Polices and if required by law. We may also retain and use your Content if necessary to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.

7. Use of Cookies. We and third parties with whom we may partner may use cookies to help you personalize the Website. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a webpage server in the domain that issued the cookie to you. We may also use customized links or other similar technologies to track hyperlinks that you click, and associate that information with your Personal Data in order to provide you with more focused communications. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify the browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website.

8. Compliance with the Children’s Online Policy Protection Act. Protecting the privacy young people is especially important. For that reason, we never collect or maintain Personal Data or other information through our Services from those we actually know are under thirteen (13), and no part of our Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Account of User who we believe has provided false information when registering for and/or using our Services and each User agrees to make no further use of our Services after termination and/or during suspension.

9. Linked Sites. We and/or third parties may provide links to Linked Sites. However, we are not responsible for the privacy practices employed by those web sites, nor are we responsible for the information or materials they contain. This Policy applies solely to information collected by us through our Services; thus when you use a link to go from the Website to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them.

10. Affiliated Businesses We Do Not Control. We may use third party companies and individuals to perform functions on our behalf. Examples include but are not limited to scheduling, hosting, data storage, sending postal mail and e-mail, removing repetitive information from User lists, analyzing data, providing marketing assistance, providing search results and links (including paid ads and links), processing payments, and providing customer service. We will provide such entities with access to certain information needed to perform their functions, but will take measures to ensure that they may not use it for other purposes.

11. Changes to our Policy. We reserve the right to change this Policy, our Terms of Service, and our other Polices at any time. We will notify you about changes to this Policy by placing the updated Policy on our Website. You agree that your use of our Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of a conflict between this Policy and our Terms of Service, our Terms of Service shall control.

12. Questions or Comments Regarding this Policy. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: helpdesk@ustatue.com