Imaris Open - Terms and Conditions
These Terms apply to all users including contributors of Content (as defined below) to, the Site, including without limitation, Imaris Forum and the XTensions File Exchange. Specific terms applicable to particular features within the Site are also set forth below. Bitplane may, in its sole discretion, add to, change, or remove any part of these Terms at any time without notice to you, and you agree to be bound by such revisions. If any future revision is unacceptable to you, you should discontinue using the Site. Your continued use of the Site after Bitplane’s posting of any revised Terms will indicate your acceptance of the then-current Terms.
1. Access to and use of the Site
- As long as you comply with the Terms, Bitplane grants you a personal, non-exclusive, non-transferable, limited authorization to access and use the Site.
- You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Site unless explicitly permitted by Bitplane. Bitplane and its licensors reserve all rights not expressly granted in and to the Site and the Content. “Content” includes, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, audio visual combinations, interactive features, and all other materials you may view on, access through, or contribute to the Site.
- The Site may contain links to third party websites that are not owned or controlled by Bitplane. Bitplane has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the Site, you expressly release Bitplane from any and all liability arising from your use of any third party website.
- In order to access some features of the Site, you will need an Account. You may not use another person's Account. When creating your Account, you must provide current, accurate and complete information. You are solely responsible for the activity that occurs under your Account, and for keeping your Account login information secure. You must notify Bitplane immediately of any breach of security or unauthorized use of your Account.
- You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments) for any commercial solicitation purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. You agree not to use the Site in any manner that could damage, disable, overburden or impair any Bitplane systems, interfere with any other party's use of the Site, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of the Site or other accounts.
- If you breach any of these Terms, your authorization to use the Site automatically terminates. Bitplane reserves the right to temporarily suspend or permanently terminate your access to any or all areas on the Site in its sole discretion. Bitplane reserves the right to discontinue any aspect of the Site at any time.
- Guidelines for Submitting and Using Content.
- You represent and warrant that you are the owner of any Content submitted by you, or that you control the rights to or have received all necessary consents to submit, such Content. Content that you submit must not be illegal or unlawful, violate or infringe on any patent, copyright, other intellectual property right, or any other right of any third party. You understand that you, and not Bitplane, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site. You understand and agree that Bitplane may retain server copies of your Content that have been removed or deleted.
- Where required, your contact information and any other information required (for example, the title, abstract, description, and requirements for a XTension submission) must be complete and accurate. This information is displayed on the Site and is used by other Site users and Bitplane to communicate with you. You may not attempt to impersonate another user or any other party.
- Content that you submit must not directly compete with products offered by Bitplane.
- Content that you submit must be offered free of charge. You may not use the Site to sell or market your products or services to others.
- Content that you submit must not (a) infringe or violate any copyright, trademark, or other right of any other person or entity; (b) be libellous, defamatory, abusive, threatening, harassing, offensive, or otherwise violate any law; or (c) be malicious or destructive in nature, or contain a virus, Trojan horse, worm, or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.
- Any Content you submit to the Site, including personal information, is not subject to the protections which may be afforded information collected under other sections of Bitplane’s websites. Your submissions to Imaris Open may be accessible from any part of the world and any information they contain may be used by Bitplane and the public, both within and outside the country from which you posted. You understand that Bitplane does not guarantee any confidentiality with respect to any Content you submit.
- Use of all software that you download from the Site (“Software”) is subject to the license terms of the applicable software license agreement for such Software. The applicable software license agreement will typically accompany or be provided at the time you download or otherwise access the Software.
- You must retain all author attributions, and copyright and other proprietary or legal notices contained within the Content.
- Bitplane has no obligation to monitor the Content. However, Bitplane reserves the right, in its sole discretion, for any reason and at any time, to refuse to post any Content or remove any Content from the Site.
- The Site contains Content posted by persons other than those employed by Bitplane. Bitplane does not control the Content posted by visitors to the Site and does not guarantee the accuracy, integrity, or quality of any Content. Views expressed on the Site by visitors to the Site are not endorsed by Bitplane. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bitplane be liable in any way for any Content, whether or not authored by Bitplane, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any Content available via any link or any Content posted, e-mailed, transmitted or otherwise made available via the Site.
- By using the Site and agreeing to these Terms, you warrant and represent that you are more than 16 years of age and are fully able and competent, to enter into these Terms.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Bitplane without restriction.
- You agree that your use of the Site shall be at your sole risk.
- You assume total responsibility and risk for your use of the Site and the Content. The Site and the Content, including without limitation any information that is provided by Bitplane or Bitplane employees, are provided “as is”. To the fullest extent permitted by law, Bitplane, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with the Site and your use thereof. Bitplane makes no warranties or representations about the accuracy or completeness of the Site's Content or the content of any sites linked from the Site, and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (iii) any unauthorized access to or use of Bitplane’s servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any loss of any kind incurred as a result of your use of the Site.
- In no event shall Bitplane, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of the Site or any Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Bitplane is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- You waive, any legal or equitable rights or remedies you have or may have against Bitplane with respect thereto, and to the extent permitted by applicable law, agree to indemnify and hold harmless Bitplane, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation legal expenses) arising from: (i) your use of and access to the Site and the Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; and (iv) any claim that your Content caused damage to a third party. This indemnification obligation shall survive these Terms and your use of the Site and the Content.
- Nothing in these Terms will however limit or exclude Bitplane’s or your liability (i) for death or personal injury resulting from negligence (b)for fraud or fraudulent misprepresentation (ii) in any way that is not permitted under applicable law.
- These Terms shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of Northern Ireland, without regard to its conflicts of law provisions, and you consent to the jurisdiction of Northern Ireland and its courts and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with these Terms, the conflicting terms of these Terms shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of these Terms shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible.
- These Terms, and any other terms, policies or documents incorporated herein by reference, including without limitation any other policies and statements provided on www.bitplane.com, contain the entire understanding between you and Bitplane and may not be modified or amended except by Bitplane’s posting of a revision on its website.
- Notices to Bitplane under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: Bitplane, Badenerstrasse 682, CH-8048 Zurich Switzerland. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Bitplane’s discretion.
4. Imaris Forum
You agree that all Content that you contribute to the Imaris Forum portion of Imaris Open will be licensed under the Creative Commons Attribution Non Commercial ShareAlike 3.0 Unported license (http://creativecommons.org/licenses/by-nc-sa/3.0/)
5. File Exchange
You are solely responsible for the support and maintenance of any Content you submit to XTensions File Exchange. Submissions that receive numerous bug reports or are not maintained may be removed from the Site at Bitplane’s sole discretion.
All new submissions of Content posted by Site users will be licensed under the GPLv3 license (http://www.gnu.org/licenses/gpl-3.0.html) unless the author specifies a different license by uploading it with the related XTension. Submissions of Content posted by Bitplane will be licensed under the GPLv3 license.
6. Claims of Copyright Infringement
- If you believe your work has been copied in a way that constitutes infringement and appears on the Site, please provide the following information in writing to Bitplane at the address below (please ensure you have taken legal advice to confirm your interpretation of infringement has a firm basis):
Upon receiving your notification containing the information listed above, Bitplane shall (1) remove or disable access to the material alleged to be infringing; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If you have received notice from Bitplane that material you have posted is alleged to be infringing and believe that such material is the wrongful subject of a copyright takedown notice, you may file a counter notification with Bitplane by providing the following information in writing (please ensure you have taken legal advice to confirm your interpretation of incorrect infringement has a firm basis):
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A 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; and
- A sworn statement by you 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.
Upon receiving a counter notification containing the information listed above, Bitplane shall (1) promptly provide the complaining party with a copy of the counter notification; (2) inform that complaining party that Bitplane will replace the removed material or cease disabling access to it within ten (10) business days; and (3) replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Bitplane has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the allegedly infringing material accessible on Imaris Open.
Bitplane Address: Bitplane Ag, Badenerstrasse 682 CH-8048. Zurich Switzerland.
- Your electronic or physical signature;
- A description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A sworn statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Northern Irish Courts and that you will accept service of process from the person who provided the infringement notification, or an agent of such person.