Terms of Service

1. ACCEPTANCE OF TERMS
   Start 3D provides its Services to you, subject to the following Terms of Service ("TOS"). In these TOS "you" means the individual using the Start 3D photo sharing site and other Services provided by Start 3D.
   Start 3D will update these TOS from time to time without notice to you. You should check back periodically and review these TOS at http://www.start3d.com/tos
   Note that as well as these TOS there are also Community Guidelines that specify acceptable behaviour with respect to other users of the service. These guidelines are incorporated into this TOS by reference. If there is any inconsistency between the two then the TOS will be considered the correct version.
2. DESCRIPTION OF SERVICE
   Start3D enables users to share personal 3D photos online. Unless explicitly stated otherwise, any new features that are launched will also be subject to this TOS. You acknowledge and agree that the Services are provided "AS IS" and that Start 3D assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
   In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
   Start 3D guidelines prohibit sharing adult or mature content that is only suitable for people over 18 years old. However, as users are able to upload there own content to our site you may come across adult or mature content on our site. You accept that you may see adult or mature content on our site and agree to notify us immediately by clicking the "inappropriate content" link found beneath Content or otherwise by email if you come across such material so that we can remove it.
3. YOUR REGISTRATION OBLIGATIONS
   In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Start 3D has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Start 3D has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PRIVACY POLICY
   You agree that Registration Data and certain other information about you will be processed in accordance with our Privacy Policy. For more information, please see our full privacy policy at http://www.start3d.com/privacy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
   You will choose a password when joining Start 3D which we will associate with your email address, which jointly will become your log-in details. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Start 3D of any unauthorized use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Start 3D cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT
   You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Start 3D are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Start 3D does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Start 3D be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
   You agree to not use the Services to:
   1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. harm minors in any way;
   3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
   5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
   8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   10. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
   11. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
   12. "stalk" or otherwise harass another; or
   13. extract, collect, process, combine or store personal data about other users.
   
   You acknowledge that Start 3D has no obligation to monitor Content. Start 3D shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
   You agree that Start 3D may access, preserve, and disclose your account information and Content: (a) to third parties for the purpose of delivering the Service; (b) for the purpose of properly administering your account; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Start 3D, its users and the public.
   You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Start 3D reserves the right to terminate your access to some or all parts of its Services if you withdraw your consent in this paragraph at any time.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
   Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned).
8. PUBLIC AND PRIVATE CONTENT POSTED TO START 3D
   1. ACCESSIBILITY OF CONTENT
      You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make accessible via the Services, and that under no circumstances will Start 3D be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any photos, personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely. Although our Service provides you with controls for you to share albums privately using automatically generated "hard-to-guess" private URLs that Start 3D does not publish in publicly accessible parts of our Service you acknowledge that any photos, personal data or information (or any other Content) posted to privately albums may remain publicly accessible indefinitely if a private album URL becomes known publicly.
   2. COPYRIGHT
      When you join our Service, you become a participant in an online community of people who enjoy taking and sharing 3D photographs. In order for Start 3D to make your photos available to you and your invitees, as well as to use images to offer you our special variety of online services, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your Membership, you hereby grant Start 3D a royalty-free, perpetual, universal, nonexclusive right and license to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service and as a condition to Membership, you represent and warrant to Start 3D that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content.
      All the information, Content, image files, software and materials offered by our Service are protected by U.K. and international copyright laws and by other applicable laws. You understand that Start 3D is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and Start 3D does not provide others with such rights to your Content (unless you give Start 3D permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Start 3D has the absolute right to terminate your membership or exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.
9. INDEMNITY
   You agree to indemnify and hold Start3D and its affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
    You acknowledge that Start 3D may establish general practices and limits concerning use of the Services, including with out limitation the maximum number of days that messages, photos and other Content will be retained by the Services, the maximum number of messages, photos and other Content that may be sent from or received by an account on the Services, the maximum size of any message, photo or other Content that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Start 3D servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Start3D has no responsibility or liability for the deletion or failure to store any messages and other communications or photos or other Content maintained or transmitted by the Services. You acknowledge that Start 3D reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Start 3D reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
    Start 3D reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Start 3D shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13. TERMINATION
    You agree that Start 3D in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Start 3D believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Start 3D may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Start 3D may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Start 3D shall not be liable to you or any third-party for any termination of your access to the Services.
14. DISCLAIMERS
    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
    
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, START 3D EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
    2. START 3D MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTA INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RIS K AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM START 3D OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT START 3D SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF START 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
16. TRADEMARK INFORMATION
    Start 3D and Piku-Piku marks and logos are trademarks of Start 3D. You agree not to display or use in any manner, these Marks without prior permission from Start 3D.
17. COPYRIGHTS and COPYRIGHT AGENTS
    Start3D respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Services, please report the problem to us.
18. GENERAL INFORMATION
    These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Start 3D and govern your use of the Services, superseding any prior agreements between you and Start 3D. The TOS and the relationship between you and Start 3D shall be governed by the laws of England. You and Start 3D agree to submit to the exclusive jurisdiction of the English courts. Any failure by Start 3D to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
19. VIOLATIONS
    Please report any violations of the TOS to Start 3D.