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Spree3D Terms of Service

IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE, SERVICES AND ASSOCIATED SOFTWARE, INCLUDING ANY SPREE3D APPLICATIONS (COLLECTIVELY, THE “SERVICES”) OF SPREE3D IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE SPREE3D WEBSITE, UTILIZING THE SPREE3D SERVICES, DOWNLOADING OR USING ANY SPREE3D APPLICATION, OR SIGNING OR SUBMITTING AN ORDER FORM FOR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE SPREE3D SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

This is a legal agreement (“Agreement”) between “You” (the entity or person using, accessing, ordering, purchasing or paying for the Services) and Spree3D for use of the Services which You selected or initiated. If You do not agree with the terms of this Agreement, do not use or access the Services or, when applicable, click the “Cancel” button and do not subscribe to or register for the Services.

You affirm that any individual agreeing to this Agreement on behalf of a legal entity is authorized by such entity to enter into this Agreement on behalf of such entity. Any individual entering into this Agreement on his or her own behalf or on behalf of another person (such as your child or someone for whom you are the legal guardian) is of legal age and is otherwise fully able and competent to enter this Agreement on his or her behalf or on behalf of such person. The Services are not intended for use by persons under the age of 13.

Spree3D reserves the right to modify these Terms of Service by posting new Terms of Service on its website. Your continued use of the Services after the new Terms of Service are posted will constitute your acceptance of the new Terms of Service.

Any software associated with the Services and website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. SERVICES. Spree3D will provide the Services in accordance with this Agreement. In order to use certain Services, You may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service. Spree3D may at its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves devices, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.  You agree that Spree3D is free to use in any manner, including incorporating into Services, any feedback, suggestions, recommendations or ideas you submit to Spree3D regarding Services, without notice or compensation to You.

2. RESPONSIBILITY FOR REGISTRATION INFORMATION; COMMUNICATIONS FROM SPREE3D. You may be required to provide information about Yourself in order to register for and/or use certain Services.  The account which you create when you register for Services is referred to in this Agreement as “Your Account”. You agree that any information you submit in connection with Your Account shall be accurate and hereby consent to Spree3D receiving and retaining such information. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party. By registering with Spree3D, you understand that we may send You communications or data regarding Services, including but not limited to (a) notices about Your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding Services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us constituting marketing or promotional material by following the opt-out instructions provided in the message. You acknowledge that it is necessary for Spree3D to send certain electronic mail in order to deliver the Services to you and manage our relationship with You and that your decision to opt-out of receiving marketing and promotional materials will not result in discontinuing the delivery of electronic mail necessary for use or delivery of the Services.

3.  YOUR DATA.  In connection with Your use of the Services, You may upload to the Services certain data, including information to identify You, such as name and email address, information regarding You, such as Your size, height and weight, and digital scans, images and videos of You (“Your Data”).  Your Data may be used to create an avatar of You (“Your Avatar”). You hereby consent to the collection and processing of Your Data and the creation of Your Avatar, agree that You have the right to upload Your Data to Spree3D for the purpose of providing Services, and represent that no other person or entity is required to provide authorization or consent to use Your Data.   Spree3D will not, without Your consent or at Your direction, release, publish, disclose, sell or distribute Your Data other than to You and to parties under contract with Spree3D who assist Spree3D in developing, maintaining and delivering the Services (“Contractors”); provided, however, that You agree the Spree3D may use Your Data to create Your Avatar and to create content, such as images, video and animations which include Your Avatar (“Spree3D Content”).  You agree that Spree3D may use, modify, adapt, reproduce, distribute, display and disclose Your Data internally and with Contractors to: (a) provide the Services, and (b) modify and improve our Services.  Spree3D will have no liability of any kind as a result of the collection, storage, deletion, or modification, of any of Your Data associated with your use of the Services.

You must immediately notify Spree3D in writing if You become aware of any unauthorized use of (a) Your Data (b) Your Account, or (c) the Services. In the event of any such unauthorized use by any third party that obtained access through You, You will take all steps necessary to terminate such unauthorized use. You will provide Spree3D with such cooperation and assistance related to any such unauthorized use as Spree3D may reasonably request.

4.  SPREE3D CONTENT.  Spree3D retains all rights, title and interest in and to the Spree3D Content, including all associated intellectual property rights.  Spree3D grants to You a non-exclusive, non-transferable, royalty-free license, under Spree3D’s intellectual property rights, to distribute, transmit, copy and publish Spree3D Content which includes Your Avatar and which is provided to You as part of the Services.  Such distribution and publication by You may include posting such Spree3D Content on websites or social media sites.  You acknowledge and agree that Spree3D has a perpetual right (subject to Spree3D’s privacy policy) to create, distribute, display, publish and transmit Spree3D Content, including Spree3D Content which includes Your Avatar.

5. REMEDIAL ACTION.  In the event Spree3D becomes aware of any complaints and violations of this Agreement, it may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing Your Data, or terminating Your Account or your ability to use the Services. However, because situations and interpretations vary, Spree3D also reserves the right not to take any action. Under no circumstances will Spree3D be liable in any way for any data or other content collected by the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services.

6. CHARGES. You agree that if you are subscribing to or purchasing Services for which there is a fee, Spree3D may charge to Your credit card or other payment mechanism selected by You and approved by Spree3D, all amounts due and owing for the Services, including service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Spree3D may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge. If You are subscribing to a Service for which a price change is going into effect, Spree3D will notify You of such price change prior to its effective date, but is not otherwise obligated to give You notices of any change in pricing for the Services.  You agree that in the event Spree3D is unable to collect the fees owed to Spree3D for the Services through Your Account, Spree3D may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Spree3D in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Spree3D may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

7. LIMITATIONS ON USE. The Services provided to You may be used solely by You and may not be shared, resold, reproduced, or otherwise provided by You, directly or indirectly, to any other person. You will not offer or enable any third parties to use the Services associated with Your Account or resell or redistribute the Services or otherwise generate income from third parties gaining access to the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You agree that you will not use the Services in any manner that will: (i) violate any contractual rights, privacy rights or other legal rights of third parties, (ii) violate any laws or regulations, including but not limited to data privacy laws and regulations, or (iii) which might otherwise subject You or Spree3D to any legal liability. You shall not engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Spree3D’s security systems.

8. PROPRIETARY RIGHTS. Spree3D and/or its suppliers, as applicable, retain ownership of all proprietary rights and intellectual property rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Spree3D Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose the Services, any Spree3D Marks, or other proprietary information (including images, text, page layout, or form) of Spree3D without express written consent. You may not use any meta tags or any other “hidden text” utilizing Spree3D Marks without Spree3D’s express written consent.

9. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Spree3D may deny access to the Services to any user who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please provide Spree3D’s Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Services; (iv) Your address, telephone number, and email address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Spree3D’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: email: copyright@spree3d.com, regular mail: Spree3D, P.O. Box 4300, Incline Village, NV  89450. In the event Your Data is removed pursuant to this process, You will receive information on how to file a counter-notice. Notices and counter-notices are legal notices distinct from regular Product activities or communications. As such, they are not subject to Spree3D’s Privacy Policy. This means Spree3D may publish or share them with third parties at our discretion, and Spree3D may produce them pursuant to a legal discovery request.

10. TERMINATION. You may terminate this Agreement by providing thirty (30) days prior written notice via email to Spree3D at privacy@spree3D.com. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term, subject to thirty (30) days prior notice. If specified in the order form or registration page You used to order the Services, a subscription term may renew automatically if not terminated in accordance with the provisions of the order form or registration page. If You fail to comply with any provision of this Agreement, Spree3D may terminate Your Account and this Agreement immediately upon notice to you and accelerate and make immediately due all fees under your order or subscription for the Services. Sections 2 through 16, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control. You will not destroy or attempt to harm any Services or associated software on Spree3D’s servers or Spree3D’s network.

11. EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

12. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, distribution, sublicensing, copying or disclosure of the Services, the Spree3D Marks, or Spree3D Content, may cause irreparable injury to Spree3D, its affiliates, suppliers and any other party authorized by Spree3D to resell, distribute, or promote the Services (“Resellers”), and under such circumstances Spree3D, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

13. WARRANTY DISCLAIMER. SPREE3D DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTOR. THE SERVICES ARE PROVIDED “AS IS” AND SPREE3D, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPREE3D, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. SPREE3D DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR THIRD PARTY DATA. SPREE3D CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. You agree to indemnify, defend and hold harmless Spree3D, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your Account, of any intellectual property or other right of any person or entity.

14. PRIVACY. Use the Services is also subject to Spree3D’s Privacy Policy, a link to which is located at the footer on Spree3D’s website, and which is incorporated into this Agreement by this reference. Additionally, You understand and agree that Spree3D may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header of certain communications You initiate through the Services.

15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPREE3D OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SPREE3D, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SPREE3D’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

16. MISCELLANEOUS

16.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Nevada, U.S.A., as applied to agreements entered into and to be performed in Nevada by Nevada residents. The parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Washoe County, Nevada and the federal courts in Nevada.

16.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

16.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Spree3D may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. These changes will be effective upon posting on Spree3D’s website. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such changes are effective, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Spree3D under this Agreement must be provided to the email address set forth in Section 10 above, or other contact information as provided by Spree3D for such purpose. Any and all rights and remedies of Spree3D upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Spree3D, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.

Spree3D Terms of Service

Version 3.31.22

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