THIS PAGE CONTAINS THE TERMS AND CONDITIONS FOR USING SCULPTZ.COM (THE "SITE").   PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.   BY USING THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW.   IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LEGAL STATEMENT, PLEASE DO NOT USE THIS SITE.
 

Ownership
Sculptz.com (the "Site") is owned and operated by Sculptz.
 

Trademarks
All trademarks, service marks and trade dress on the Site that are registered trademarks of Sculptz in the United States and other countries, may not be used without obtaining Sculptz’s prior written permission.
 

Copyright and Copyright Agent
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned by Sculptz or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all contents on this Site is the exclusive property of Sculptz and is protected by U.S. and international copyright laws. All software used on this Site is owned by Sculptz or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this Site may be used for your personal use only as a shopping resource and any other use is strictly prohibited.

Sculptz respects the rights of all copyright holders. If you believe that your work has been copied and used on this Site in a way that constitutes copyright infringement, please provide Sculptz's Copyright Agent the following information required by Section 512 of the Digital Millennium Copyright Act:

·         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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line 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 us to locate the material;

·         Information reasonably sufficient to permit us to contact the complaining party;

·         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, its agent, or the law; and

·         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.

Sculptz's Copyright Agent may be contacted at: Copyright Agent, Sculptz, 1150 Northbrook Drive, Suite 200, Trevose, PA  19053.
 

Restrictions on Use of Materials
All content and material on the Site may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, without the prior written consent of Sculptz, except as follows: You may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modifications or use of the materials for any other purpose violates the intellectual property rights and other rights of HCI or its content suppliers.
 

Submission of Unsolicited Ideas
Sculptz's policy is not to accept or consider any unsolicited ideas or materials such as remarks, suggestions, ideas, graphics, materials or other information through this Site (together the "Submissions"). If you send us Submissions regardless of this policy, Sculptz will consider all Submissions as non-confidential and free of any claims of proprietary or personal rights. All Submissions will forever be the property of Sculptz free and clear of any claims by you or others. Sculptz will not incur any liability as a result of any similarities that may appear in future Sculptz operations. All Submissions to this Site or to Sculptz are, and shall remain, the sole and exclusive property of Sculptz and may be used by Sculptz for any purpose whatsoever, commercial or otherwise, without compensation, payment or any other obligation to anyone, including you.
 

Limitation of Liability
Sculptz will not be liable for any damages or injury, including but not limited to special or consequential damages, caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Sculptz will not be liable for any damages or injury, including but not limited to special or consequential damages, resulting from the use of, or the inability to use, the materials in this Site, even if there is negligence on the part of Sculptz or if an authorized Sculptz representative has been advised of the possibility of such damages, or both. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Sculptz’s total liability to you for all losses, damages, and causes of action (whether in contract, tort, or otherwise) will not be greater than the amount you paid to access this Site.
 

Disclaimer
This Site is provided by Sculptz on an "as is" basis. Sculptz makes no representations or warranties of any kind, express or implied as to the operation of the Site, the information, content, materials or products included on the Site. To the full extent permissible by applicable law, Sculptz disclaims all warranties, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. Sculptz will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Sculptz does not warrant that the Site or the server that makes it available are free of viruses or other harmful components. Sculptz does not warrant or make any representations regarding the use or the results of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise. Sculptz has no duty to update the Site or the content hereof, and Sculptz will not be liable for any failure to update such information. Sculptz makes no representations regarding the content of any other Websites which you may access from the Site. A link to a non-Sculptz Website does not mean that Sculptz endorses or accepts any responsibility for the content or use of such Website.
 

Jurisdiction
The Sculptz products described on this Site may not be available to you because of the manner or locales in which they are distributed. Sculptz makes no claim that the information (on the website) is appropriate in any jurisdiction. If you use this Site from locations outside the United States, you are responsible for compliance with any applicable local laws.

You agree that jurisdiction and venue for adjudication of all disputes between you and Sculptz is properly located in only the United States of America in the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Bucks County, Pennsylvania. You consent to jurisdiction and venue therein. The convenience of witnesses and the parties will be served by adjudication of disputes in the aforementioned forums and you and Sculptz request that any court shall honor this section.
 

Public Areas, Email Rules, Monitoring and Third Party Content

A.  Public Areas:

Message Boards, Endorsements and other public areas of the Site (the “Public Areas”) will contain information that when posted will be available for anyone on the Site and the Internet to view.  Sculptz does not endorse any information posted on the Public Areas of Site.  Sculptz is not responsible for the information posted on the Public Areas of the Site or for editing any factual errors or making any type of corrections to information presented on the Public Areas. Any action taken by a viewer of the Public Areas based on information presented on the Public Areas is at your own risk and could be dangerous or life-threatening.

In using the Public Areas you agree to follow our Community Guidelines that includes these provisions:

Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered "inappropriate". No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Sculptz has the right to remove information if it does not meet these standards, but does not have the obligation to do so.  Understand that comments in public areas do not necessarily reflect the views of Sculptz. Posts submitted to the Site's Public Areas are not considered confidential. These posts may be used by Sculptz for any purpose without requiring permission from the originator.

B. EMAIL RULES:

You are strongly encouraged not to make your email addresses available in the Public Areas. If an email address appears in the Public Areas, you agree not to use this information, to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal.

C. MONITORING:

Sculptz has no obligation whatsoever to monitor any of the content or postings on the Public Areas. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, sponsors, users and visitors.

Materials posted and/or uploaded to the Public Areas may be subject to size and usage limitations. You are responsible for adhering to such limitations.

D. THIRD PARTY CONTENT:

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Site or on sites that are linked to the Site, including information providers, are those of the respective third parties, and not Sculptz.  Sculptz does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Sculptz neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site or on any site that might be linked to the Site by anyone other than an authorized Sculptz representatives acting in their official capacity.

SUBMISSION POLICY:

Responsibility for what you post or submit to the Public Areas lies with each user – you alone are responsible for the content of your messages, and the consequences of any such messages. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right but do not assume the obligation in our sole and absolute discretion to restrict or prohibit your use of the Site if we believe you are violating any of these Rules, and to remove, edit, or relocate any submission as we see fit whether for legal or other reasons.

PROHIBITED ACTIVITIES:

In connection with your use of the Site, you acknowledge and agree that you will not:

i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site;

ii. access the Site by any means other than through the standard industry-accepted or Sculptz-provided or authorized interfaces;

iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;

iv. impersonate any person or entity, including without limitation, a Sculptz official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

v. post or transmit any material that contains a virus or corrupted data;

vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

vii. use any of the Site's Public Areas in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);

viii. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation information such as opinions or notices, commercial or otherwise;

ix. violate any applicable local, state, national or international law;

x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

xi. delete or revise any material posted by any other person or entity;

xii. manipulate or otherwise display the Site by using framing or similar navigational technology;

xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Sculptz product or service if you are not expressly authorized by such party to do so; or

xiv. use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Sculptz's servers or networks, or interfere with any other user's use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to the Site, services, accounts, computer systems or networks connected to Sculptz through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
 

Miscellaneous
Use of the Site is limited to persons over the age of 18. This Site is created, owned and operated by Sculptz in the Commonwealth of Pennsylvania. As such, these Terms, Disclaimers and Conditions and the agreement they create, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. Any provision of this Legal Statement that is determined for any reason to be unlawful, invalid, void, or for any reason unenforceable, shall not affect any other portion of this Legal Statement. Sculptz reserves the right to make changes to the Site and to this Legal Statement at any time by posting such changes to this page and without notice to you. Your continued use of the Site following the posting of such changes shall be deemed your acceptance of such changes.

Our Address
Sculptz
1150 Northbrook Drive, Suite 200
Trevose, PA 19053
Telephone:  215-494-2900