isee systems, inc. (hereafter “ISEE”, “we”, “us”, “ours”) maintains web sites, including a main site, a store, and the isee Exchange which will hereafter be referred to collectively as the “Site”. The isee Exchange is a web portal that supports the publication, creation, and viewing of model and/or interface content (hereafter “Content”) developed or packaged using the products and services of ISEE. The Site, including all information, tools, and services available from the Site, is offered to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices stated here (hereafter “Terms of Service”, “Terms”). All posting or publication to, and use of, the Site is governed by the following Terms of Service.

By visiting the Site, uploading and/or creating Content and other material, or purchasing something from us, you engage in our Service (hereafter the “Service”) and agree to be bound by the following Terms of Service. These Terms of Service apply to all users of the Site including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes acceptance of those changes.

Unauthorized attempts to upload information or change information on the Site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.

General Conditions

We reserve the right to refuse the Service to anyone for any reason at any time.

You understand that your content (not including credit card, demographic or contact information except when explicitly agreed to), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

License Grant by You

By posting Content, comments, or other material to the Site, you provide license to that material under the terms specified by the Creative Commons or other license indicated at the time you post the material. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant the license. You retain the copyright and intellectual property in the portion of such material you created in accordance with the terms of that license. You grant permission to ISEE to use your materials and content, including highlighting or moving your material to a prominent location on the Site, as long as that use is consistent with the license terms you agreed to at the time of publication.

For material required to deliver the Service, including but not limited to Content and their metadata, as well as your name, likeness, or voice as contained in the material, you grant us a non-exclusive, royalty-free, sub-licensable, transferrable, worldwide license to use, reproduce, and list information regarding the material for the term of the license it is published under. Material provided under a license permitting public display may have information listed on the Site and be made available for public display at the original published location or any other location on the Site.

Intellectual Property and Use of the Site

The Site and its components, whether accessed anonymously or while you are logged in to the Site, and whether paid for or provided without charge, are made available for your use; no other rights are conferred. ISEE retains all right, title, proprietary interest in, and ownership of all material with the exception of Content provided under a separate license by others. You acknowledge and agree that we and our licensors retain intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Any reproduction or redistribution of the Service or its components not in accordance with this Agreement is expressly forbidden. You may not reverse engineer, decompile, disassemble the software underlying the Service or modify, adapt, translate, or create derivative works of the Service without the prior written consent of ISEE. You may be held legally responsible for any infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

Registration and Login

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or login process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to login using your username and email password.

You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share, or otherwise transfer your account information.

Stella® Online, Stella Professional Online, and all Content requiring authentication to access require that you log in and are made available only to you as an individual. It is a violation of these Terms of Service to provide your account information to any other individual to make use of the Service. Transferring the usage rights for Stella Online or Stella Professional Online to anyone else requires the express written consent of ISEE. Transferring access rights for any Content provided by a third party requires the express written consent of that third party.

If access to the Service was obtained with an educational discount it is provided only for classroom use at a Qualified Educational Institution and may not be used for any other purposes. A Qualified Educational Institution is either: (a) a University or College licensed by the appropriate authority, or (b) a kindergarten through twelfth grade (“K-12”) educational institution licensed by the appropriate authority.

You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information. All users who log onto the Site are responsible for operating in accordance with the Terms of Service.

Rules of Conduct

If you post something to the Site, including Content, comments, or other material, do not post anything that:

• uses strong, vulgar, obscene, or otherwise harmful language
• uses language disparaging any individual or group of individuals based on race, ethnicity, gender or any other characteristic
• infringes any third-party intellectual property right (such as copyrights)
• is defamatory (i.e., something that is negative and untrue about another person or entity)
• divulges another person's or entity's confidential or private information or trade secret
• is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory
• encourages criminal conduct
• contains any information (such as inside, proprietary, or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law
• advertises or solicits business for products or services other than those that are offered and promoted on the Site
• contains any virus, malware, spyware, or other harmful content or code

When you use the Site, you must not:

• "harvest" (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services, and promotions available on or through the Site
• use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site
• "stream catch" (download, store, or transmit copies of streamed content)
• obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you
• "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems
• circumvent or reverse-engineer the Site or its systems
• restrict or inhibit another user or users from using and enjoying the Site
• manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees
• impersonate any person, including but not limited to other community members or our employees

Advertising Content and Processing Restrictions

Any Content that requires extra resources, including but not limited to multiplayer games, and is published under our free level of service may be subject to either the inclusion of advertising content or usage restrictions based on some limit of processor/memory use per day. This limit will be periodically reviewed and modified when necessary by us. We reserve the right to include advertising content during the delivery of all Content published or constructed under our free level of service.

Advertising content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

Copyright Complaints and Copyright Agent

(a) Termination of Repeat Infringer Accounts. ISEE respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) or the United States Copyright Act, ISEE has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users of the Service who are repeat infringers. ISEE may terminate access for participants of 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 (“DMCA” – see 17 U.S.C. 512) by sending the following information in writing to ISEE’s designated copyright agent at isee systems, inc., 24 Hanover St, Ste 8A, Lebanon, NH 03766 USA:

1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works as a single online site are covered by a single notification, a representative list of such works at that site;
4. 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;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email address;
6. 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
7. 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 pose 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 in (b):

1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New Hampshire, and statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by ISEE’s copyright agent, ISEE 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 ISEE’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

Third-party Links

Certain content, products, and services available via the Site as well as posted Content may include materials from third parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Responsibility for Public Postings and Comments

Responsibility for what is posted in public areas of the Site lies with each user. You alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, consultants, agents, or representatives (collectively, "Our Representatives") to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Service violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Privacy Policy

We are respectful of the privacy concerns of visitors to the Site. As a general policy, no personal information is automatically collected from visitors to this Site. However, certain non-personal information of visitors is recorded by the standard operation of our servers.

The Site generally collects personally identifiable information with your specific knowledge and consent. For instance, when you complete a survey, make a purchase, subscribe to our publication(s), register for certain services, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, you may be provided, or required to choose, a password and/or user ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, an avatar, and the number for your mobile or other device may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in these Terms of Service as your “Registration Information.”

Our servers may also automatically collect information about you, your online behavior, and your computer, mobile, or other device. The information collected may include, without limitation, the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier), and geographic location of you and/or your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data.

We use personally identifiable information you supply through the Site to provide you with the merchandise, product, service, and/or content you have requested. For example, if you publish a model, we may use your email address to send you a confirmation notice. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ISEE 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-INFRINDEMENT. WITHOUT LIMITING THE FOREGOING, ISEE 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.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, 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; (D) ANY OTHER INTERACTIONS WITH ISEE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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. BECAUSE SOME STATES OR JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

If you have a dispute with one or more users of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connect with such disputes. If you are a California resident, you waive 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 known by him must have materially affected his settlement with the debtor.”

Indemnification

You agree to indemnify, defend, and hold harmless ISEE, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms of Service, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense, and hold harmless obligation will survive these Terms of Service and the termination of your use of the Site.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provision.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Hampshire.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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