TERMS OF USE

Last Update: April 7th, 2020

Welcome to Technologies Shapeshift 3D Inc.’s website (hereinafter referred to as the “Website”) operated by Technologies Shapeshift 3D Inc. (hereinafter “Shapeshift” or “we”).

In order to browse and use the Website, you must abide by certain terms set forth in these Terms of Use, which form a binding contract between the visitor or user (hereinafter “you” or the “user”) and Shapeshift.

Browsing or using the Website means that you accept to be bound by these Terms of Use. You may prefer not to be bound by these Terms of Use, in which case you must immediately stop browsing or using the Website.

 

Purpose of Website

The Website is meant exclusively to inform visitors about the products and services offered by Shapeshift. You may not use the content of the website for any other purpose.

Access

Access to the Website using automated means, such as bots or crawlers, is strictly prohibited.

We make no warranty as to the constant availability of the Website, in whole or in part, and we reserve the right to interrupt access to the Website for the general public or for one or several users, for any period of time, at our sole discretion.

 

Intellectual Property

All content available on the Website, including text, images, drawings, video sequences, audio content, source code and logos is either our exclusive property or is used under appropriate license or permission from the owners, holders or licensees of the applicable rights.

You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, grant any licence or sub-licence in or sell any interest in any content available on the Website, nor any content obtained through the use of the Website, except as required for personal use of the Website for the purpose set forth in these Terms of Use and in accordance with same.

You are authorized to share some Website content on social media platforms (Facebook, Twitter, etc.), only through sharing features available on the Website.

We are the exclusive owner of the following trademarks and domain names: Shapeshift, Shapeshift 3D, Shapeshift3D S3D, Beyond Fit, BeyondFit, Beyond-Fit. All other trademarks displayed on the Website are used under appropriate licence and no provision herein shall be interpreted as to concede or grant you or any other person any right whatsoever in said trademarks or domain names.

 

Forbidden Use

You may not use the Website to an illegal end or in any way prohibited by these Terms of Use. Without limiting the generality of the foregoing, you are prohibited from making any use or allowing any third-party use of the Website, which would:

(i) violate these Terms of Use; (ii) be illegal, infringing, harmful, threatening, tortuous, defamatory, slanderous, offensive, obscene, invasive of the privacy of a third party, hateful, fraudulent or malicious; (vii) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (viii) interfere with or disrupt in any way the operation of the website or any server or network involved with the operation of the website; (ix) include the collection or “harvesting” personal information about other users; or (x) violate any local, national or otherwise applicable law or regulation.

  

Hyperlinks

The Website may contain hyperlinks to other sites owned and operated by third-parties (“Third-Party Sites”). We have no control over Third-Party Sites and disclaim all liability as to the content provided on such sites. Hyperlinks are provided as a courtesy to facilitate browsing and shall not be construed as an endorsement or approval by Shapeshift of any Third-Party Site or any content it may render available.

Websites and web pages related to Shapeshift (for example, our Facebook page) are governed by terms and policies that may differ from these Terms of Use and could be under the control of third parties. You should review any such terms or policies before visiting or using related websites or web pages.

  

Accuracy of Content

We strive to provide the most accurate and up-to-date information possible on the Website. However, we cannot guarantee that the content of the Website will always be accurate, complete and up-to-date.

Information pertaining to the description, price and availability of goods and services offered by Shapeshift is without any warranty and shall not be interpreted as commitment by Shapeshift.

  

Visitors’ Suggestions

Where you chose to contact us about improvements to the Website or to the goods and services offered through the Website (such communications being hereinafter designated as “Suggestions”), you authorize us to use the Suggestions without restrictions. You hereby assign in our favour all rights, title or interests in and to the Suggestions, irrevocably waive all moral rights you may hold with respect to the Suggestions and undertake to provide the assistance we may seek in order to document, develop and retain our rights, title or interest in and to the Suggestions. You warrant that your Suggestions contain no information that is confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or implied obligation of confidentiality with respect to your Suggestions; (ii) we are authorized to use or disclose (or choose not to use or disclose) your Suggestions for any purpose whatsoever, in any way whatsoever, on any medium whatsoever, anywhere in the world; (iii) we may already have considered or be in the process of developing elements identical or similar to those mentioned in your Suggestions; and (iv) you will not be compensated in any way with regards to our use of your Suggestions.

  

Privacy and personal information

We use tracking technology, including cookies, to improve website performance and your experience.

Cookies used mainly consist of an identifier that allows your computer to be recognized on your next visits on the Website. Some cookies are deleted after you quit your browser whereas others are kept indefinitely. You may be able to disable the logging of cookies (or certain type of cookies) through your browser settings. If you disable this feature, you will still be able to browse the Website, but your experience may be affected and some features of the Website may be unavailable.

By visiting or using the Website, you give your consent to the collection, use, storage and disclosure of your personal information in accordance with our Privacy Policy. Please refer to our Privacy Policy to learn more about how we handle the personal information of our visitors and customers.

 

Disclaimer of warranty

Your use of the Website and the services provided through the Website are provided “as is” and their use is at your own risk. To the full extent permitted under applicable law, we disclaim any express or implied warranty.

We further extend no warranty as to the results that may be obtained by using the Website, nor as to the accuracy and reliability of information obtained through the Website.

All material and/or all data uploaded, downloaded, or otherwise obtained through your use of the Website is obtained at your discretion and at your own risk.

 

Limitation of Liability

Not applicable to consumers in Québec. 

To the full extent permitted under applicable law, under no circumstances will Shapeshift be liable for any damages, whether direct, indirect, punitive, incidental, special, consequential or of any kind whatsoever, including, without limitation, damages for loss of data or profits arising out of the use or performance of the Website, the inability to use the Website or the services provided through the Website, whether such liability is based on a contract, tort, negligence, strict liability or otherwise, even if we have been made aware of the possibility of damages. If you are dissatisfied with any section of the Website, or any portion of these Terms and Conditions, your sole and exclusive remedy is to stop using the Website.

 

Governing Law

These Terms of Use and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

Dispute Resolution

Not applicable to consumers in Québec.

 

Any dispute, controversy or claim arising from these Terms of Use or from your use of the Website and the services provided thereby shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.

Severability

If a provision of these Terms of use is, for any reason, found to be invalid, illegal or unenforceable against all or some users, such invalidity, illegality or unenforceability will not impact the other provisions hereof, and these Terms of use will be interpreted as if the invalid, illegal or unenforceable provision had never been a part of them.

Changes to these Terms

We reserve the right, at our sole discretion, to modify these Terms of Use at any time, without prior notice, by posting the modified terms of use on the Website. All modified terms of use take effect immediately at the time of posting, and by continuing to browse or use the Website, you automatically accept the modified terms. A hyperlink to the most recent version of our terms of use is available on the Website and the date of the last modification appears at the beginning of these Terms of Use.

 

Notice

Any notice with respect to the Website or these terms of use shall be sentenced to:

info@shapeshift.com

Shapeshift 3D

6415 Des Écores #2

Montreal Quebec, H2G 2J6

Canada

+1 866-258-8593

Copyright 2020 © Technologies Shapeshift 3D Inc. All Rights Reserved

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