Welcome to Shapedscape. The Shapedscape website (the "Site") is an interactive online service, located at www.shapedscape.com owned and operated by Shapedscape Media Inc. ("Shapedscape", "we", "us", "our").
BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME), YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). THIS AGREEMENT REQUIRES YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GO TO COURT, GRANT US CERTAIN RIGHTS AND LICENCES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME WITHOUT GIVING YOU PRIOR NOTICE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT AS MODIFIED.
Rights to Use the Site. Shapedscape grants you a non-transferable, non-exclusive, right to access the Site and use the Services provided through the Site for your personal and professional use, subject at all times to the terms of this Agreement including the restrictions on use, the acceptable use provisions and the our right to remove your Content (as defined below) or suspend access to your Account at our discretion at any time.
Acceptable Use Policy
We believe that you should do unto others as you would have others do unto you and with that in mind, to keep our community a pleasant place to be you must comply with these policies. Therefore by continuing to use our Site and the Services you agree not to:
harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their and our consent;
interfere with, disrupt, or create an undue burden on servers or networks connected to the Site and Services or violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the Site and Services, other computer systems or networks connected to or used together with the Site and Services, through password mining or other means;
harass or interfere with another user’s use and enjoyment of the Site and Services;
introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
harass, defame, libel, defraud, threaten, infringe the privacy of, or tortuously injure the Site’s users and customers;
upload, transmit, display or distribute any offensive, discriminatory, obscene, vulgar, patently offensive, harmful or pornographic content, or any content that is otherwise objectionable;
infringe on our Intellectual Property Rights (“IP Rights”) or the IP Rights of third parties, which may encompass copyright, patent, trademark, trade secret, or other proprietary rights;
interfere with our ability to provide Services to our users and subscribers;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
use, display, mirror or frame the Site or Services, or any individual element within the Site or Services, including our arks or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent, and use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Site or Services or that is in transit from or to the Site or Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Site or Services.
Use Restrictions on Intellectual Property. The rights and licenses granted to you in this Agreement are subject to the following, you will: not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise exploit the Site and Services except as expressly authorized in this Agreement, not modify, disassemble, decompile, or reverse engineer any part of the Site and Services; not access the Site and Services in order to build similar or competitive website or service; not copy, reproduce, distribute, republish, download, display, post or transmit in any form by any means any part of the Site and Services; and not remove or destroy any copyright notices or other proprietary markings contained on or in the Site and Services. Any future release, update or other addition to the Site and Services will be subject to this agreement.
Our Technology and Content. You agree that the software, code, proprietary methods and systems used to provide the Site and Services (collectively "our Technology") and the materials, information and content made available or displayed by us on the Site or through the Services, including all text, graphics, images and the looks and feel (collectively "our Content") are copyrighted by us, our licensors and/or other licensors under Canada and international copyright laws; subject to other intellectual property and proprietary rights and laws; and owned by us or our licensors. Our Site name, logos, graphics, service marks (collectively "our Marks") are copyrighted by us and may not be used without permission in connection with any third-party products or services. Other service marks, trademarks and trade names that may appear on or in the Site and Services are the property of their respective owners. Except for the limited licenses provided herein, we reserve all right, title and interest in our Content, Marks and Technology.
Feedback. You agree that submission of any ("Feedback") such as but not limited to: ideas, comments, suggestions, documents, and/or proposals to us, including through but not limited to any suggestions, feedback or forum pages is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, prepetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights without restrictions and in all media now known and later developed.
- Account creation. In order to become an Authorized User and use certain Services, for example, to upload projects, articles, competitions, events, jobs, plants you must register for an "Account" with Shapedscape and provide certain information about yourself as prompted by the registration form. You may delete your account at any time, for any reason, by contacting Shapedscape, through the contact form available here shapedscape.com/contact. Upon termination, we will remove your account. You acknowledge that you have no ownership or other property interest in your Shapedscape Account and that all rights in and to your Account are owned by and inure to the benefit of Shapedscape. Shapedscape may suspend or terminate your Account ar any time.
- Account credentials and responsibilities. As part of the registration process you will be required to provide a valid email address and select a password (collectively "Credentials"), which you may not share with any third parties. If someone accesses the Site using your Credentials, we will rely on those Credentials and will assume that it is really you who is accessing the Site. You are solely responsible for any and all use of your Credentials and all activities that occur in connection with your Credentials. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your Credentials, including terminating your access, changing your password, or requesting additional information to authorize activities related to your Credentials. You agree to immediately notify Shapedscape of any real or suspected unauthorized use. Shapedscape cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
This section of the Agreement addresses your responsibilities for any User Content you make available through the Site and Services. "User Content", "your Content" refers to any and all information and content that an User submits to, or uses with, the Site and Services, including but not limited to: text, images, photographs, drawings, audio and video.
Responsibility for Your Content. You are solely responsible for your Content and assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable. Specifically, you represent that the information in your make available through the Services, including profiles, projects, advertisements, are true, accurate and complete. Shapedscape makes no guarantee regarding the accuracy, currency, suitability or quality of any User Content, and we assume no responsibility for any Use Content. Because you alone are responsible for your Content, you may expose yourself to liability if, for example, your Content violates the Acceptable Use Policy or applicable law.
- Warranty. You represent and warrant: that you own your Content or that you are authorized by the Content owner to post your Content and grant Shapedscape the licenses granted above, that you will not use your Content to engage in deceptive or unfair trade practices or otherwise engage in illegal activity. We are under no obligation to pre-screen your Content or the Content of any other User.
- Storage. You may be able to upload and store your Content in different areas withing the Site and/or Services including but not limited to your profile. We provide these storage capabilities for your convenience. You represent and warrant that the Site and Services are not the single repository for your Content and acknowledge that you, and not Shapedscape, are responsible for ensuring your Content is backed up. Shapedscape has no responsibility or liability for the deletion or loss of any of your Content. You agree that Shapedscape retains the right to create reasonable limits on Shapedscape's use and storage of your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by us at our sole discretion.
Interactions with other Users. We are building a community and it seems natural to us that as a member of our community you will have interactions with other members who you may first encounter through the Site or Services. While we encourage interaction, we make clear that you are solely responsible for your interactions with other Users and any other parties with whom you interact through the Site and/or Services; provided, however, we reserve the right, but have no obligation, to intercede in such disputes. You agree that Shapedscape will not be responsible for any liability incurred as the result of such interactions. You understand that we do not inquire into the backgrounds of our registered users or attempt to verify the statements of our registered users. We make no representations or warranties as to the conduct of other Users. A User's appearance within the Site or Services does not constitute an endorsement of such User by Shapedscape and no endorsement should be deemed, implied or inferred.
Third-Party Websites & Ads. The Site and Services, may contain links to third-party websites ("Third-Party Websites"), promotions and advertisements for third parties (collectively, "Third-Party Websites & Ads"). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. The Third-Party Websites are not under the control of Shapedscape. Shapedscape is not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Indemnity. You agree to indemnify and hold Shapedscape (and our officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand due to or arising out of your use of the Services, your Content, your violation of this Agreement; or your violation of applicable laws or regulations. 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 with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers. THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability. IN NO EVENT WILL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site and/or Service Users or Third Party Sites & Advertisements.
Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site and Services. We may (a) suspend your rights to use the Services (including your Account) or terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site and/or Services in violation of this Agreement. Upon termination of this Agreement, your Shapedscape Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated from our live databases. Shapedscape will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your Content.
Copyright Policy. We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, contact us through the contact form available through the footer of our Site providing the following information in the form of a written notification:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Site that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) 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.
International Users. The Shapedscape Site and Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. The Services are controlled and offered by us from our facilities in Canada. We make no representations that Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.