Panashape, LLC Terms of Service
Last updated on: April 2022
Welcome to the Panashape website (the “Site”). These Terms of Service (the “Terms”) create a legal agreement between you (“You”) and Panashape, LLC (“Panashape”).
Panashape is a 3D printing service provider utilizing Bau3D's software as a service platform. Bau3D Terms of Service: https://app.bau3d.com/terms-of-service/
These Terms are issued on behalf of Panashape, LLC, so when we mention “Panashape,” "we", "us" or "our" in these Terms, we are referring to Panashape, LLC.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
Our Site, products, and services are designed for businesses and their representatives. We do not target consumers – individuals who seek to use our products and services for their personal or household purposes.
1.1 Account Creation: To use certain features of the Site, You must register for an account (“Account”) and provide certain information about Yourself as prompted by the account registration form. You represent and warrant that all required registration information You submit is truthful and accurate. You may delete Your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate Your Account in accordance with these Terms.
1.2 Account Responsibilities: You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of Your Account or any other breach of security.
2. Access to the Site
2.1 Certain Restrictions: The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) You shall not access the Site to build a similar or competitive website, product, or service; and (d) no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without our express written permission.
2.2 Modification: We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to You. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.3 No Support or Maintenance: You acknowledge and agree that We will have no obligation to provide You with any support or maintenance in connection with the Site.
2.4 Ownership: Excluding any User Content (defined below) that You may provide, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by us or our licensors. Neither these Terms (nor Your access to the Site) transfers to You or any third party any rights, title, or interest in or to such intellectual property rights.
3. User Content
3.1 User Content: “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile, designs, 3D models, and technical drawings). You are solely responsible for Your User Content. You assume all risks associated with the use of Your User Content, including any reliance on its accuracy, completeness, or usefulness, or any disclosure of Your User Content that personally identifies You or any third party. You hereby represent and warrant that Your User Content does not violate our Acceptable Use Policy. We are not obligated to backup any User Content, and Your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining Your own backup copies of Your User Content if You desire.
3.2 License to User Content: By providing User Content to Panashape, You grant Panashape a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and Panashape's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
3.3 Feedback: If You provide us with any feedback or suggestions regarding the Site (“Feedback”), You hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate.
4. Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to You, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at Your own risk, and should apply a suitable level of caution and discretion in doing so.
You agree to indemnify and hold Panashape (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) Your use of the Site, (b) Your violation of these Terms, (c) Your violation of applicable laws or regulations or (d) Your User Content. Panashape reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND PANASHAPE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PANASHAPE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PANASHAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL PANASHAPE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
8. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while You use the Site. We may suspend or terminate Your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of Your rights under these Terms, Your Account and right to access and use the Site will terminate immediately. You understand that any termination of Your Account may involve deletion of Your User Content associated with Your Account from our live databases.
9.1 Changes: These Terms are subject to occasional revision, and if we make any substantial changes, we may notify You by sending You an e-mail to the last e-mail address You provided to us and/or by prominently posting notice of the changes on our Site.
9.2 Electronic Communications: The communications between You and us use electronic means, whether You use the Site or send us emails, or whether Panashape posts notices on the Site or communicates with You via email.
9.3 Entire Terms: These Terms constitute the entire agreement between You and us regarding the use of the Site.
9.4 Waiver: A waiver by Panashape of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Panashape.
9.5 Severability: If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it most closely matches the original provision and is valid and enforceable to the maximum extent permitted by law.
9.6 Assignment: These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Panashape's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
9.7 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located in Fort Bend County, Texas, USA.
9.8 Contact Information: If You wish to contact us in writing, or if these Terms require You to give notice to us in writing, please contact us at:
503 FM 359 STE 130
Richmond, Texas 77406