CYANT TERMS OF USE

 

Welcome to Cyant! We provide a website, a mobile application and services to help our users learn about technologies such as 3D printing, and create 3D models and obtain 3D prints in an easy and intuitive way. Through our mobile application, we offer educational content including but not limited to content pertaining to technologies such as 3D printing, tools to create 3D models in an intuitive way, and links to 3rd Party to order 3D prints and share pictures of models created with the application. We regularly provide services such as group workshops designed to provide a more personal learning and creative experience. On our website, you can find information about our mobile application, educational and informational content including but not limited to content pertaining to technologies such as 3D printing, news and information about our services, as well as a store to purchase our products and services.

The following Terms of Use apply when you view or use Cyant’s website located at www.cyant.co or Cyant’s mobile application by clicking on the application button on your mobile device. Please review these terms carefully. By accessing or using any part of Cyant’s website and/or mobile application or using any of its products or services, you agree to become bound by the terms and conditions of this agreement. If you do not agree with these Terms Of Use, you may not, and should not access or use Cyant’s website (“Site”) nor Cyant’s mobile application (“App”).  The Site and App may be collectively or individually referred to as the “Service.”


PRIVACY POLICY

Cyant respects the privacy of its users. Please refer to Cyant’s Privacy Policy (found here: www.cyant.co/privacypolicy) which explains how we collect, use and disclose information that pertains to your privacy. When you access or use our website and/or mobile application, you signify your agreement to this Privacy Policy.


ELIGIBILITY

While we encourage everyone to learn, Children under the age of 18 need to seek the approval and/or supervision of their parents or legal guardians before using our Site and/or App. Cyant will not be responsible for any liabilities, losses, or damages arising from unauthorized or unsupervised use.  If you are a child under 13, please show these Terms of Use to your parent or legal guardian, and do not use the Services without verifiable parental consent pursuant to the Children's Online Privacy Protection Act. If you as the Subscriber are a parent or legal guardian of a child under the age of 13, who may access or use the Services including social media/community features. You represent and warrant that you will not allow a child under the age of 13 to use the Services if you do not agree to the provisions of this Section.


AVAILABILITY OF SITE AND APPLICATIONS

Cyant recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and App and accordingly, you agree that youshall not hold the Cyant liable for delays that are ordinary in the course of Internet use. You further acknowledge and accepts that the Site and App will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.

 

USE AND CONDUCT RESTRICTIONS

Your permission to use Cyant’s Site and App is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive in the opinion of Cyant management and staff;
use Cyant’s Site and App for any unlawful purpose or the promotion of activities that •violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
Infringe on anyone’s intellectual property rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party
interfere or attempt to interfere with the proper functioning of Cyant’s Site and App, or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of Cyant’s websites and services, those of its partners, or its users’ computers
make any automated use of the system, or take any action that we deem to impose or to potentially impose unreasonable or disproportionately large load on our (or our third party providers’) servers, system and network infrastructures.
bypass any robot exclusion headers or other measures we (or our third party providers) take to restrict access to our Site and App, or use of any technology, or device to scrape, spider, or crawl our website or harvest or manipulate data;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Do anything else which, at the sole discretion of Cyant, could bring Cyantinto disrepute, or which violates the rights of any person.


USER CONTENT

User Content is any content that is created, originated, edited, modified, uploaded or shared by users (including you) in any way and in any form using our mobile application, whether or not shared publicly or privately (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via our mobile application. The following rules pertain to User Content. By transmitting and submitting any User Content while using Cyant’s Site and App, you agree as follows:
you are solely responsible for the activity that occurs while using Cyant’s Site and App;
you will not post information that is malicious, false or inaccurate;
you will not share content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  Cyant is not responsible for any public display or misuse of your User Content.  Cyant does not, and cannot, pre-screen or monitor all User Content.  However, at its discretion, Cyant, or technology Cyant employs, may monitor and/or record your interactions with the Site and App.


ACCESS TO OUR MOBILE APP

The following terms apply to your use of our App that is accessed through or downloaded from any app store or app distribution platform (like the Apple App Store or Google Play, who are referred to below as an "App Provider").
These Terms are concluded between us, and not with the App Provider. We are responsible for the App (not the App Provider).
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with any applicable terms of use provided by the App Provider, when using the App.


WORKSHOPS, LEARNING FEATURES AND OFFLINE EVENTS

Cyant offers both online and offline learning features.  Offline learning features such as workshops require registration for you and your guests.  If you or your guests are under 18 years of age, they require parental permission before attending.  Cyant can not guarantee the availability of offline learning features, which may feature third party facilitators which are not under the control or direction of Cyant and such events may be cancelled without notice.  Cyant does not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. You attend at your own risk and agree not to hold Cyant liable for the content or actions at such offline learning features.

Similarly, Cyant is not responsible fo the accuracy or reliability of any online content or learning features,. The information presented on or through the Site and Apps is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Site and App includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.which also may be removed at any time without notice.


LINKS TO OTHER SITES AND/OR MATERIALS

On the Site or App, Cyant may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Cyant’s users.  Cyant has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Cyant, and Cyant is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site or applications, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Cyant.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.


COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts.  Cyant respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Cyant has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of Cyant’s Site and App who are repeat infringers.  Cyant may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Cyant’s designated copyright agent at : Cyant FPC, 2150 Allston Way, Suite 400, Berkeley, CA 94704
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
a statement under penalty of perjury 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, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

If a counter-notice is received by Cyant’s copyright agent, Cyant may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Cyant’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By creating and/or sharing any User Content via the mobile application, you expressly grant, and you represent and warrant that you have a right to grant, to the Cyant a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Cyant’s Site and App.


INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Cyant’s Site and App, including applicable copyrights, trademarks and other proprietary rights.  Other products and company names that are mentioned on Cyant’s Site and App may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

OPEN SOURCE

The upload of 3D models to the 3D Printing Service includes open source code and is subject to the following notices and terms:
Copyright (c) 2014-2016 Alamofire Software Foundation (http://alamofire.org/)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Cyant’s Site and App’s e-mail and messaging system, will not constitute legal notice to Cyant or any of its officers, employees, agents or representatives in any situation where notice to Cyant is required by contract or any law or regulation.


CALIFORNIA CONSUMER NOTICE.


Under California Civil Code Section 1789.3, California users of Cyant’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.


USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Cyant in an electronic form via any email address you may have submitted on our website; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Cyant provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.
If you have subscribed to our Newsletter, Cyant may from time to time send you other messages, including information about Cyant and special offers via a Third Party service. You may opt out of such email by unsubscribing from the Newsletter. Opting out may prevent you from receiving messages regarding Cyant or special offers.


WARRANTY DISCLAIMER

THE SERVICE AND INFORMATION ON THE SITE AND APP, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CYANT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CYANT MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.


LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYANT, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH CYANT OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYANT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR APP) AND IN NO EVENT WILL IT EXCEED $50.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you are a California resident, you hereby release Cyant, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.".”

MODIFICATION OF TERMS OF USE

We can amend or replace these Terms of Use at any time. We will put up notices on our homepage and/or notify you by email to the extent we have such information, to notify you regarding any materials updates or amendmentsto the Terms of Use and/or Privacy Policy.  For this additional reason, you should keep your contact and profile information current.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of Cyant’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Cyant.  No purported waiver or modification of this Agreement by Cyant via telephonic or email communications shall be valid.


GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Cyant to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Cyant must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.  Any claim or dispute between us arising out of the Services will be decided exclusively in the federal and/or state courts for Alameda County, California.
Cyant may assign or delegate these Terms of Service and/or Cyant’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Cyant’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.CYANT.CO/PRIVACYPOLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


Last revised: 07/29/2017