Acceptance

By accessing or using the services of this Site, downloading Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that DAZ Productions, Inc. (hereafter referred to as "DAZ 3D") may publish from time to time (collectively, the "Terms of Service"). If you do not accept all of the terms and conditions contained in the Terms of Service, leave now and do not access or use this Site.

DAZ 3D may change the Terms of Service from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. If you breach any of the Terms of Service, your authorization to access or use this Site automatically terminates.

Definitions

"Materials" means all downloads, files, text, images, photographs, graphics, videos, publications, content, software, code, programs and products made available via the Site by DAZ 3D to users of this Site. "Services" means all services and resources offered or enabled by the Site. All Materials provided by DAZ 3D are referred to collectively as "DAZ 3D Materials." All user-supplied Materials are referred to collectively as "User Materials". Services that involve collaboration and file-sharing content among a specified group referred to collectively as "Shared Content". The group of persons among which such collaboration takes place is referred to as a "Work Group." All User Materials that are not Shared Content shall be referred to herein as "User Content".

Notice

This site is protected by copyrights and trademarks (collectively, "Intellectual Property Rights"). Any unauthorized use of this site may violate those rights. DAZ 3D does not grant any express or implied rights to use the Intellectual Property. By visiting this site and thereby accepting the Terms of Service, you agree not to copy, republish, download, distribute, or reverse engineer the Site. Use of the images, models and other downloaded materials from this Site may only occur in conformance with their respective End User License Agreement, the terms of which are hereby incorporated by reference.

Use of the Site and Services

By entering this Site, you agree to adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

You may not access or attempt to access any Material that you are not authorized to access or make available any files containing Materials which you do not own or control or which infringe the intellectual property rights of others.

You may not disrupt or interfere with the security of, or otherwise cause harm to, the Site, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

DAZ 3D, in its sole discretion, may monitor or review the Materials at any time. DAZ 3D may at any time without notice and in its sole discretion terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted. While DAZ 3D does not censor or read private site mail, in the event that DAZ 3D has reason to believe that such communication could be harmful to DAZ 3D, DAZ 3D reserves the right to read, and delete such harmful messages from the Site.

Use of DAZ 3D Materials

Any DAZ 3D Materials or Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.

Submitted Materials

For all of the User Materials that you post, you will retain all copyright control and ownership. DAZ 3D respects the rights of artists and will not grant any rights that extend beyond those already granted by the artist. DAZ 3D does not pre-screen User Materials that users provide or otherwise submit via the Site or Services; however, DAZ 3D may remove any posted or submitted User Materials from the Site or any Service for any reason without notice in its sole discretion. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Service, including all the rights necessary for you to post or submit your User Materials. While you retain copyright control of submitted materials, submission provides to DAZ 3D a limited license to DAZ 3D to use submitted materials for marketing or promotional purposes, provided that reasonable efforts are taken by DAZ 3D to receive permission regarding such use from you.

Warranties and Disclaimers

The site, services and materials, are provided by DAZ 3D under these terms of service "as is" without warranty of any kind, either express, implied, statutory otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchentability or fitness fir a particular purpose. Without limiting the forgoing, DAZ 3D makes no warranty that (1) the site, services or materials will meet your requirements; (ii) the site, services or materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the site, services or materials will be effective, accurate, or reliable; (iv) the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and (v) any errors or defects in the site, services or materials will be corrected.

DAZ 3D does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services

The use of the site, services or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. DAZ 3D assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. DAZ 3D will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Privacy

DAZ 3D will use and protect your data, such as your name, email address, and in accordance with the DAZ 3D Online Privacy Policy, the contents of which are incorporated by reference herein.

Limitation of Liability

In no event shall DAZ 3D, it's offices, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, including those resulting from loss of use, data or profits, whether or not forseeable or any claim arising out of or in connection with the access or use of or the inability to access or use the site, services, or materials, any unauthorized access to or alteration of your submissions, user materials or other data, or any failure to store or loss of data, files, materials or other content.

Notification of Copyright Infringement

DAZ 3D will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. DAZ 3D will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site.

Contact information

• 801.983.6415 - Phone
• 801.994.6032 - Fax
• 1.800.267.5170 - Phone (Toll Free Line)

• [email protected] - Email
• www.daz3d.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials.

Indemnity and Liability

You agree to indemnify and hold DAZ 3D and its officers, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party's use of such User Materials or content; (b) your access to or use of the Site, Services or Materials (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Service; (e) your infringement of any third party's Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; or (f) your violation of any rights of any third party.