Remesh and its licensors own all right, title and interest to the Website and all content contained on the Website including without limitation the software, text, information, video, photographs, trademarks, ideas, methodologies, process, organization, concepts, design, look and feel, user interfaces, algorithm, specifications, documentation, know-how, and other information (“Remesh Content”). The Website and Remesh Content are protected by copyright, trademarks, trade secret and other forms of intellectual property rights.
Remesh hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable, revokable right to use and access the Website and Remesh Content for the limited purpose of your personal use in connection with your use of the Website and/or Services for their intended purpose, subject to the terms of the TOS.
You do not have the right to use Remesh trademarks or tradename for any purpose.
You shall not use the Website or Remesh Content to do any of the following:
(i) violate or encourage conduct that violates any applicable laws, including, without limitation, data privacy or data protection laws or infringes or violates the intellectual property, privacy, moral or contractual rights of Remesh or any third party;
(ii) modify or prepare derivative works based upon the Website or Remesh Content or attempt to reverse engineer, decompile, expose or recreate the Remesh software code;
(iii) use the Website to transmit, distribute, post or submit any information concerning any other person or entity, including any personal information;
(iv) use Remesh’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page of the Website, without Remesh’s express written consent;
(v) engage in any fraudulent, false, misleading or deceptive conduct; provide any content or information that is defamatory, obscene, pornographic, or offensive; commit acts of discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; threatens or promotes violence; or promotes illegal or harmful activities or substances;
(vi) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Remesh Content;
(vii) use the Website in a harmful or unauthorized manner including to: to distribute unsolicited commercial email ("spam") or advertisements; introduce viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use manual or automated software, devices, scripts robots, other means or processes to access,"scrape," "crawl" or "spider" any web pages or other services contained in the Website or Remesh Content; systematically retrieve data or other content from the Website 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, or spiders, or otherwise; use, display, mirror or frame the Website, or any individual element within the Website or Services;
(viii) attempt to probe or test the vulnerability of any Remesh systems or attempt to circumvent any security measures of Remesh or its service providers or to access, tamper with, or use non-public areas of theWebsite or Remesh’s computer systems;
Remesh has the right to monitor your use and access of the Website for the purpose of operating, performing, maintaining or improving the Website, to ensure compliance with this TOS, and to comply with Applicable Law. Remesh reserves the right, at any time and without prior notice, to remove or disable your access to the Website, at its sole discretion, considers to be objectionable or in violation of the TOS or applicable law.
You are responsible for maintaining and protecting your account information including password and to notify Remesh of any unauthorized use of or access to your account or any other security breach affecting your account or the Website of which you become aware.
You agree to comply with all laws and regulations worldwide applicable to the use of this Website, including all intellectual property laws, data privacy and data protection laws, and export laws
REMESH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ACCURACY OR COMPLETENESS OF DATA OR INFORMATIONAL CONTENT, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REMESH DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OR USE OF THE WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER DISABLING CODE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE THEORY OF LIABILITY IN NO EVENT SHALL REMESH BE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF OR DAMAGE TO SOFTWARE OR DATA FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS TOS OR THE WEBSITE. If such limitation of liability is found not to be enforceable by a court or regulatory authority, Remesh’s liability shall be limited to the amount of US$100.
Remesh is free to use, for any purpose and without restriction, any feedback you provide in connection with your use of this Website or the Remesh Content without restriction.
If you believe that your work has been copied and posted on the Website or Services in a way that constitutes copyright infringement, you should notify Remesh in accordance with the procedure set out in this Section below. Remesh will process notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
DMCA Notification of Copyright Infringement. Pursuant to the DMCA requirements, you should send Remesh’s copyright agent at firstname.lastname@example.org a written notification of the claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements listed above, your notice may not be valid. Upon receipt of a Notification of Copyright Infringement containing the required information as described in (a) – (f) above, Remesh reserve the right to (i) notify the user, if known, of the alleged infringement, and (ii) remove or disable access to the material that is alleged to be infringing, if hosted on Remesh’s Website or Services. In submitting a claim, you understand, accept and agree that your identity and claim may be communicated to the alleged infringer. Remesh reserves the right to terminate the accounts of users based on receiving one more Notices of Copyright Infringement.
Title 17 USC §512(c)(3) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially mispresents certain information in a notification of infringement under Title 17 USC §512(c)(3).
DMCA Counterclaim Procedure. If Remesh removes or disables access to your material and you believe that a copyright holder has accused you in error, you may file a DMCA Counterclaim with our designated copyright agent email@example.com. You must provide us with the following information: (i) a physical or electronic signature of the user; (2) identification 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; (3) a statement under penalty of perjury that the user has 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; (4) the user’s name, address and telephone number; and (5) a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found; and (6) that the user will accept service of process from the person who provided notification or an agent of such person. Upon receipt of aDMCA Counterclaim, we will provide the complaining party with a copy of theDMCA Counterclaim. When we receive aCounterclaim which meets the requirements of the DMCA, we will process theCounterclaim in accordance with the requirements of the DMCA.
Your use of this Website, this TOS and any disputes between the parties will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. You agree to the personal jurisdiction by and venue in the state and federal courts in the County and State of Delaware, and waive any objection to such jurisdiction or venue. If you are a consumer residing in a country other than the United States, to the extent required under the laws of such country, the foregoing choice of law and venue may not apply to you. Except with respect to a request for injunctive relief for violation of intellectual property rights, before initiating a legal claim in court, the parties agree to attempt to resolve the claim in good faith. If the parties are unable to do so within 30 days of notice of the claim, either party may initiation legal action.
This TOS represents the complete agreement regarding your use of the Website and Remesh Content and supersedes all previous agreements, proposals or representations related to the subject matter hereof. If any provision of this TOS is found to be illegal or unenforceable, such provision shall be removed and the remainder of terms and TOS shall remain in full force and effect. No waiver of any rights shall be binding unless agreed to in writing.
Legal and Privacy Notices: Unless otherwise stated herein or required under applicable law, (i) all legal notices including without limitation notices of breach or legal claims, and (ii) all privacy related questions; must be sent to Remesh via email to the following address: firstname.lastname@example.org.
Copyright Notices: Pursuant to the DMCA requirements, any notices regarding copyright infringement matters (as further described in Section 18 above) must be sent to Remesh’s copyright agent at email@example.com.