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Terms of Service

The following terms and conditions govern all use of the ShapeServer.com web site and all content, services and products available at or through the web site, including, but not limited to, the ShapeServer.com service (taken together, the web site). The web site is owned and operated by Bartels Online. The web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Bartels Online's privacy statement) and procedures that may be published from time to time on this site by Bartels Online (collectively, the "Agreement").

Please read this agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the web site or use any services. If these terms and conditions are considered an offer by Bartels Online, acceptance is expressly limited to these terms.

Your ShapeServer.com account

If you create an account on the web site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bartels Online may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Bartels Online liability. You must immediately notify Bartels Online of any unauthorized uses of your account or any other breaches of security. Bartels Online will not be liable for any acts or omissions by You or people in your account, including any damages of any kind incurred as a result of such acts or omissions.

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Responsibility of Contributors

If you operate an account, comment on a post, give advice on a task, post material to the web site, post links on the web site, or otherwise make (or allow any third party to make) material available by means of the web site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making content available, you represent and warrant that:

  • The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content.
  • You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms.
  • The content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content.
  • The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
  • The content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
  • Your tasks, projects, contexts or group are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
  • Your tasks, projects, contexts or group should not be named in a manner that misleads your readers into thinking that you are another person or company. For example, your project's URL or name is not the name of a person other than yourself or company other than your own.
  • And you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bartels Online or otherwise.

By submitting content to ShapeServer.com for inclusion on the web site, you grant Bartels Online a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your files, projects, contexts or groups. If you delete content, Bartels Online will use reasonable efforts to remove it from the web site, but you acknowledge that caching or references to the content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Bartels Online has the right (though not the obligation) to, in Bartels Online's sole discretion (i) refuse or remove any content that, in Bartels Online's reasonable opinion, violates any Bartels Online policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the web site to any individual or entity for any reason, in Bartels Online's sole discretion. Bartels Online will have no obligation to provide a refund of any amounts previously paid.

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Responsibility of web site visitors

Bartels Online has not reviewed, and cannot review, all of the material, including computer software, posted to the web site, and cannot therefore be responsible for that material's content, use or effects. By operating the web site, Bartels Online does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bartels Online disclaims any responsibility for any harm resulting from the use by visitors of the web site, or from any downloading by those visitors of content there posted.

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Content posted on other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ShapeServer.com links, and that link to ShapeServer.com. Bartels Online does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Bartels Online does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Bartels Online disclaims any responsibility for any harm resulting from your use of other websites and webpages.

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Copyright infringement and EUCD policy

As Bartels Online asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ShapeServer.com violates your copyright, you are encouraged to notify Bartels Online in accordance with the European Union Copyright Directive ("EUCD"). Bartels Online will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Bartels Online or others, Bartels Online may, in its discretion, terminate or deny access to and use of the web site. In the case of such termination, Bartels Online will have no obligation to provide a refund of any amounts previously paid to Bartels Online.

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Intellectual Property

This agreement does not transfer from Bartels Online to you or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with Bartels Online. Bartels Online, ShapeServer.com, the ShapeServer logo, and all other trademarks, service marks, graphics and logos used in connection with ShapeServer, or the web site are trademarks or registered trademarks of Bartels Online or Bartels Online's licensors. Other trademarks, service marks, graphics and logos used in connection with the web site may be the trademarks of other third parties. Your use of the web site grants you no right or license to reproduce or otherwise use any Bartels Online or third-party trademarks.

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Changes

Bartels Online reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the web site following the posting of any changes to this agreement constitutes acceptance of those changes. Bartels Online may also, in the future, offer new services and/or features through the web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.

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Termination

Bartels Online may terminate your access to all or any part of the web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your ShapeServer.com account (if you have one), you may simply discontinue using the web site. Bartels Online can terminate the web site immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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Disclaimer of warranties

The web site is provided "as is". Bartels Online and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bartels Online nor its suppliers and licensors, makes any warranty that the web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the web site at your own discretion and risk.

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Limitation of Liability

In no event will Bartels Online, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bartels Online under this agreement during the twelve (12) month period prior to the cause of action. Bartels Online shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

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General Representation and Warranty

You represent and warrant that (i) your use of the web site will be in strict accordance with the Bartels Online privacy statement with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the European Union or the country in which you reside) and (ii) your use of the web site will not infringe or misappropriate the intellectual property rights of any third party.

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Indemnification

You agree to indemnify and hold harmless Bartels Online, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the web site, including but not limited to your violation of this agreement.

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Miscellaneous

This agreement constitutes the entire agreement between Bartels Online and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bartels Online, or by the posting by Bartels Online of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the web site will be governed by the laws of The Netherlands. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under this agreement shall be finally settled, in accordance with the Dutch law, in a Dutch court.

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Modified from the WordPress Terms of Service.

Latest update: December 14, 2012.