Poly Pizza, ("Poly Pizza," "we" or "us") is pleased to provide you with access to the Poly Pizza platform, which allows a user ("User" or "you") to upload, download, and/or publish 3D files on the Poly Pizza website. All elements of the Poly Pizza platform are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
By registering with us, or by using the Services, you agree to be bound by these Terms of Use (the "Agreement,") which we may update from time to time. Your continued use of the Services constitutes your consent to such changes. Please read this agreement carefully. If you do not agree to these terms of use, you may not use the services.
Our privacy policy is considered part of this Agreement. By using the Services, you agree that your information may be collected and used in accordance with the Poly Pizza Privacy Policy (PPPP).
You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account. Poly Pizza retains the right at any time to deactivate, reallocate or rename your username at its sole discretion.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services.
THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions
User Content includes all the 3D models, images and comments, uploaded by Users that make up the Services. We do not claim ownership over any User Content.
You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your User Content may be used in accordance with our Privacy Policy. Poly Pizza always has the right, in its sole discretion, to accept or reject any given User Content. You agree that you will not upload content with malicious intent such as posting links to fraudulent websites or including additional content in user uploaded 3D model files with intent to cause harm. In doing so we reserve the right to immediately terminate your access to the services.
By downloading User Content made available by other Users, you agree to adhere to the terms of the Creative Commons license that applies at the time of download.
By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity.
You agree that you bear all risks associated with your User Content. Poly Pizza has no duty to store copies of User Content for future availability to you or any user. Poly Pizza does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. We reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than once and/or has had User Content removed from the Service in the past. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Poly Pizza to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate
You agree that you will not use the Services to:
You shouldn't use bots or access our Services in malicious or un-permitted ways. While accessing or using the Services, you may not:
Poly Pizza may revise these Terms of Service for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms of Service.
You agree that at any time a User of the Services may gain access to a reward of our choosing by recording themselves performing the ‘Chicken dance’ to ‘Der Ententanz’ (AKA "The Chicken Dance") as composed by Werner Thomas and submitting it via email. To be binding the dance must be performed as outlined in the instructions below:
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. No advice or information obtained by you from Poly Pizza, or otherwise through the Services, will create any warranty not expressly stated herein.
You agree to indemnify and hold Poly Pizza and its affiliates, subsidiaries, owners, directors, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs assessed or incurred by Poly Pizza directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party
Poly Pizza respects the intellectual property rights of others, and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended) as well as the The Australian Copyright Act of 1968. We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.
In the event you believe that any User Content on the Services infringes your copyright, please email [email protected]
The Services may contain links and features that enable you to access other third-party websites or services ("Third-Party Services") that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by Poly Pizza, Poly Pizza may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a User and Third-Party Services whom the User has been directed via the Services. Poly Pizza may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.