Sam3D - Terms of Service

Terms of Service

Sam said, "Nobody ever reads these things. How could you? It'd take a team of lawyers, a supreme court justice and three weeks to get through the average web site terms of service. How about I go through the darn thing, translate it into English, and let people read that. If they really need the detailed legaleese, they can click on a link and get their daily dose of lawyer-speak."

We agreed. Click on the plain English to get details, click again when you've had enough. Don't feed lawyers raw meat.

1. If you don't agree to these terms, don't use the service. If you use the service, you're agreeing to the terms.

The Web site located on the World Wide Web at: www.sam3d.com (the "Site") is made available to you by sam3d, LLC. ("sam3d"), a wholly owned subsidiary of Maness-Allen, Inc. By accessing and using the Site and services offered through the Site, including without limitation, the sam3d search engine ("Services"), you acknowledge that you have read and agree to be bound by and comply with these Terms of Service and any other terms and conditions posted on any individual page of the Site (the "Terms"). IF YOU DO NOT AGREE WITH THE TERMS, DO NOT ACCESS AND USE THE SITE. The Terms may be amended by sam3d from time to time without notice to you. You agree to review these Terms from time to time and that your continued use of the Site constitutes your acceptance of any such revised Terms. Use of particular services or materials may be subject to additional terms and conditions that will be made available to you by sam3d in connection with such services or materials. Sam3d may modify or discontinue the Site (or any part thereof) and may remove materials from the Site with or without notice to you. Sam3d will not be liable to you or to any third party for any modification or discontinuance of the Site or removal of content from the Site. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

2. Don't steal our stuff.

The Site and its contents are protected by copyright, trademark, patent and other applicable laws and international treaties. All Site content, including but not limited to all design, information, artwork, graphics, text, video, images and the selection and arrangement thereof, the sam3d search engine, related software, sam3d technology and any and all other materials ("Content"), is the sole property of sam3d and its suppliers, as applicable. Except as permitted herein or with sam3d's written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any content on the Site, in whole or in part. You are not authorized to change or delete author attribution, trademark legends or copyright notices.

3. If you steal other peoples stuff and they tell us, we'll take the stolen stuff off the search engine.

It is Maness-Allen's policy to respect the copyright and intellectual property rights of others. Maness-Allen may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Maness-Allen may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If you believe that Maness-Allen or any user of our site has infringed your copyright in any material way, please notify Maness-Allen's Copyright Agent and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest,
2. An identification of the copyrighted work claimed to have been infringed,
3. An identification of the material that you claim is infringing so that we may locate it on the site,
4. Your address, telephone number and email address,
5. 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, and
6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

Maness-Allen's Copyright Agent can be reached at copyright@sam3d.com, sam3d and the sam3d logo are trademarks of Maness-Allen, Inc. and its licensors, if applicable. All other trademarks appearing on the sam3d Site are the property of their respective owners. Nothing on the sam3d site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the sam3d site without the written permission of the trademark owner.

4. Don't use our site to break the law.

You may only use this Site for lawful purposes and in compliance with all applicable local, state, national and international laws. Unacceptable conduct on this Site includes, without limitation, harming minors in any way; interfering with or disrupting the Site or servers or networks connected to the Site; violating the regulations, policies or procedures of networks or Web sites connected or linked to the Site; attempting to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, or attempting to collect or store personal data about other users of the Site.

5. You're responsible for what you type in. We keep track of what is typed in and the net address it came from (but not who typed it).

You are solely responsible for all content that you submit to the Site or when using the Services, including without limitation, the content of any queries that you submit to the sam3d search engine ("User Content"). You acknowledge that sam3d does not pre-screen User Content, but collects and stores User Content for purposes of recording the frequency and content of queries and assembling a database of ranked and categorized queries in order to enhance the Services. You acknowledge and agree that sam3d may preserve User Content and may also disclose User Content if required to do so by law or if sam3d considers doing so to be reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, interests or safety of sam3d, its users, connected networks or the public.

6. This is a search engine and we cannot control information from other websites, therefore, we aren't responsible for it.

This Site contains Content not provided by sam3d or its licensors (collectively, "Third Party Content"). You understand and expressly agree that sam3d assumes no responsibility or liability for Third Party Content. Sam3d does not control Third Party Content and as such assumes no responsibility for the accuracy, integrity or quality of such Content. Sam3d is not responsible for (a) errors or omissions in Third Party Content, (b) offensive, objectionable or defamatory Third Party Content, or (c) loss or damage of any kind incurred as a result of Third Party Content. Any opinion, advice, statement or other information or content expressed or made available by Third Party Content are those of the Third Party and are not endorsed by sam3d, its parents, or subsidiaries, successors and assigns. Under no circumstances shall sam3d or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice or other Content available through the Site. You will bear responsibility for all risks associated with your use of any Third Party Content posted on or accessible through the Site.

7. When you click on a search result, you're going to a site we don't control. If a vendor does nasty things, we're not responsible.

By accessing the Site and using the Services, you will be provided with links to and information about other World Wide Web sites or resources. Because sam3d has no control over such sites and resources, you acknowledge and agree that sam3d is not responsible for the availability of such external sites or resources and does not endorse and is not responsible for or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that sam3d shall not be responsible or liable directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.

8. We don't promise anything about this service, you're using it at your own risk. You don't get to sue us if it breaks.

Sam3d disclaims any and all responsibility and/or liability for the accuracy, completeness, legality, reliability, operability and availability of any content or Services available on or through the Site. Sam3d further disclaims any responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any information or material. Sam3d disclaims any and all harm resulting from downloading or accessing any information or material on or through the Site and assumes no liability or responsibility for any errors or omissions in such content. You bear all risk associated with any content and Services that you access through the Site.

THE SITE AND ALL SERVICES AND CONTENT PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAM3D DOES NOT WARRANT THAT (I) THE SITE, CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR (II) DEFECTS IN THE SITE, CONTENT OR SERVICES WILL BE CORRECTED; OR (III) THE SITE, CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS. SAM3D WILL NOT BE RESPONSIBLE FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, AND DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, OR COMPUTER VIRUSES ASSOCIATED WITH THE OPERATION OF THE SITE, SERVICES OR CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE AND USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. NEITHER SAM3D NOR ANY OF ITS OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR CONTENT, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF sam3d OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE) EXCEED $100, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS IN THIS SECTION 10 MAY BE LIMITED BY PROVISIONS OF APPLICABLE LAW.

9. If someone sues you, and names us because you used our site, you agree to defend us in court.

By using this Site, you agree to indemnify sam3d and its parents, subsidiaries, affiliates, directors, officers, employees and agents and hold them harmless from and against any and all claims, expenses, damages and losses arising out of or relating to your use of the Site and/or Services, violation of the these Terms, or violation of the rights of any third party.

10. If you deal with advertisers you find on this site, your business is with them, not us. We don't guarantee their stuff.

Your correspondence or business dealings with or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/business. You agree that sam3d shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the presence of such advertisers/businesses on the Site. Sam3d expressly disclaims any endorsement of any businesses, products or services provided by third parties on or through the Site.

11. We can stop you from using our site if you break the rules.

Sam3d may terminate your access to Services at any time, with or without notice to you, and delete any and all information, communications or User Content. Reasons for such termination include, but are not limited to, conduct that sam3d, in its sole discretion, believes violates these Terms. You agree that sam3d shall not be liable to you or any third party for any termination of your access to the Site or Services.

12. If you want to sue us, you have to come to Seattle to do it.

Any action shall be laid in venue having jurisdiction in the State of Washington, United States of America.