These Terms of Use of Prefixa international Inc, a United States company (“ONERENDER” or "We" or "Us") applies to use and services ("Services") of the web sites www.onerender.com and www.prefixa.com (collectively, the “ONERENDER Sites” or “Sites”). "You" refers to either you as an individual at least 18 years of age or older, or the entity you represent.

Please take a few moments to read this agreement. You accept these Terms by creating an account, through your use of the Sites or Services, or by continuing to use the Sites or Services after being notified of a change to these Terms.

Section headings, section titles and section numbers in these Terms of Use are present for organizational reasons only and do not otherwise modify, restrict or enhance the information contained in the sections of these Terms of Use.

DEFINITIONS

"Artwork" refers to works created through rendering or processing Assets using the Services, including but not exclusive of images, animation and video in any and all current and future formats.

"Assets" refers to materials, shaders, maps, geometry and other digital items that are used to generate Artwork on the Service, "OneRender Content Licenses" refer to specific licenses under which you or other users of the Service are allowed to use Assets on the Service.

GENERAL TERMS

1. Availability

This Service is provided by ONERENDER on an "AS IS" and "AS AVAILABLE" basis and ONERENDER reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that ONERENDER is and will not be liable to you for any modification, suspension or discontinuance of the Service.

2. Privacy

Please review ONERENDER’s Privacy Policy. The terms of ONERENDER’s privacy policy are incorporated into, and form a part of, these Terms.

3. Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on Site are registered and unregistered trademarks of Prefixa international Inc., its affiliates and other third parties. Except as expressly noted, nothing contained on the Site or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the express written permission of Prefixa international Inc. or such third party that may own the trademark displayed on this Web Site.

4. Your Work and Sharing Assets

ONERENDER does not claim ownership rights in your Artwork or Assets. Sharing Artwork or Assets on the Service does not transfer or grant ownership rights.

For the purpose of enabling us to make the Assets or Artwork you elect to share with others available through the Service, you grant to ONERENDER a worldwide, non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform the Assets or Artwork.

Assets are available under a specific license type. See the ONERENDER CONTENT LICENSES for specific terms.

If you share Assets on the Service, you expressly grant ONERENDER and any user of the Service the right to create Artwork based on the Assets, and you understand that the copyright of any Artwork is solely that of the user.

If you share Assets on the Service, you expressly acknowledge and warrant that either you are the copyright owner of the shared Asset or have the legal right to share the Asset under the terms of this Agreement, and that you have verified your rights share the Asset prior to uploading the Asset into the Service.

If you use shared Assets on the Service in your Artwork, you understand that you own the copyright of your Artwork, but your rights may not in any way impinge upon or limit the copyrights and trademarks of the creator of the Asset.

ONERENDER has no ability to control or monitor Artwork or Assets you create, upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Artwork, Assets or communications you create, upload, post or otherwise transmit using the Service.

5.Copyright of Site and Service

ONERENDER is, unless otherwise stated, the owner of all copyright and data rights in the Site and Service.

You may not reproduce, distribute, publicly display, perform, or prepare derivative works based on the Site and Service.

The Site allows you to share your work on the Site. For any method that allows you to share your work for use by others in their work, you agree

  • not to distribute any part of the Site or Service other than Your Content in any medium other than as permitted in these Terms of Service;
  • not to alter or modify any part of the Site or Service unless expressly permitted to do so by us or by use of functions on the Service provided by us

6. Copyright Violations

We respect the intellectual property rights of others and expects users of the Service to do the same.

At ONERENDER’s sole discretion, ONERENDER may unpublish, remove or delete Your Content or Assets created or stored on the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others.

If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact ONERENDER through info@OneRender.com with the subject as "DMCA Takedown Notice" or "Copyright Abuse".

You must provide the following information, which ONERENDER may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For Assets which you paid for with points on the Service, if said Assets are found to be in violation of intellectual property rights, you will be compensated with a return of the points spent.

7. External Links

ONERENDER may provide links to third-party websites or resources. You acknowledge and agree that ONERENDER is not responsible or liable for: the availability or accuracy of such websites or resources the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ONERENDER of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

8. Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. We will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

10. General

These Terms constitute the entire agreement between ONERENDER and you with respect to your use of the Service. ONERENDER’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. ONERENDER shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of ONERENDER.

These Terms of Service are executed and performed in the State of California USA and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California without regard to its conflict of laws provisions or your actual state or country of residence. All legal proceedings arising out of or in connection with this Terms of Service shall be brought solely in the federal or state courts located in San Francisco, California, and be brought solely in the federal or state courts located in San Francisco, California, and User expressly submits to the jurisdiction of, and venue in, such courts. User further consents to extra-territorial service of process.

If a dispute arises between you and ONERENDER, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with ONERENDER regarding our Site, Service, or these Terms by emailing info@onerender.com.

Section II: Additional Terms

11. Registration

You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify ONERENDER of any unauthorized use of your password.

12. Storage Policy

At this time, ONERENDER provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that ONERENDER may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on ONERENDER’s servers. Furthermore, you acknowledge that ONERENDER reserves the right to terminate or suspend accounts that are inactive, in ONERENDER’s sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, ONERENDER shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that ONERENDER reserves the right to modify its storage policies from time to time,with or without notice to you.

13. Conduct & Security

You agree not to use the Service contrary to the laws of the State of California, including but not exclusive:

  • for any unlawful purposes;
  • to create, upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
  • to create, upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, ONERENDER or to facilitate the unlawful distribution of copyrighted content or illegal content;
  • to harm minors in any way, including, but not limited to, creating, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • to create, upload, post, or otherwise transmit any material which is likely to cause harm to ONERENDER or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
  • for any commercial purpose, except as expressly permitted under these Terms;
  • to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from ONERENDER by hyperlink and not to compete with ONERENDER;
  • provide any information to ONERENDER that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service.

ONERENDER does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless ONERENDER, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, your violation of applicable laws or regulations.

ONERENDER 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 the prior written consent of ONERENDER. ONERENDER will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Suspension and Termination of Access and Membership

You agree that ONERENDER may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the ONERENDER Site, in ONERENDER’s sole discretion, if you fail to comply with the Terms or applicable law.

15. Disclaimer of Warranty and Limitation of Liability

ONERENDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ONERENDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ONERENDER MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ONERENDER IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ONERENDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ONERENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR 23 LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ONERENDER’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ONERENDER PURSUANT TO THIS AGREEMENT.