Terms

• BlenderCloud is a render service by BlenderCloud Labs at www.blendercloud.net resp. login.blendercloud.net. The registered members of the community (the "Users") can use the service to buy computing time in advance and use that for rendering 3D scenes. Computing time is sold worldwide.
• The service offering is directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a "Consumer" is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a "Business Customer" of a Costumer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct if its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
• These Terms apply to all business relations between BlenderCloud Labs and Users. Standard business conditions of the User do not apply, regardless of whether or not BlenderCloud Labs expressly object to them in a particular case.

Membership registration

• The service on login.blendercloud.net is only accessible to registered members. Potential customers may register first.
• The registration and the membership are free of charge. They do not involve an obligation to buy. The registration constitutes a usage agreement between BlenderCloud Labs and User.
• BlenderCloud Labs may refuse a registration without giving any reason.
• During the registration process, the User provides a valid email address and chooses a secure password (8 characters minimum). The User will keep the login credentials confidential and prevent any unauthorized use by third parties. The User will immediately inform BlenderCloud Labs if there are indications that his account is being misused by a third party.
• Each User may only be registered once at any given time. In cases of simultaneous registrations, BlenderCloud Labs may delete all registrations except for the oldest one.
• BlenderCloud Labs may delete a member account if the respective User has not logged on to the account for six months or if he cannot be contacted via the provided e-mail address.

Use

• The Users act according to the destined functions of www.blendercloud.net resp. login.blendercloud.net. Any inappropriate or illegal use, manipulation, or change of the websites is prohibited. It is particularly forbidden to use www.blendercloud.net resp. login.blendercloud.net
  ... to copy or to read out contents like offers, tables, or data sets for commercial uses;
  ... to use malware;
  ... to upload contents that affect or infringe the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
  ... to influence the availability of the BlenderCloud service in a negative way for other Users, including the interception of messages, the transmission of junk mail, and the transmission of messages for commercial purposes;
  ... to use temporary email addresses.
• If a User breaches the terms of use, BlenderCloud Labs may immediately restrict, block, and/or delete the respective member account. When choosing one of the aforementioned measures, BlenderCloud Labs will consider the relevance of the inappropriate use, the legitimate interest of the User, and the degree of responsibility of the User. During the analysis of the circumstances, BlenderCloud Labs may temporarily block an account, delete single offers or contents, warn the User, or restrict the use of the websites.
• The right to use the service of BlenderCloud is restricted to the current state of technology. BlenderCloud Labs may restrict his service if this is necessary with regard to capacity limits, with regard to the security or integrity of the server, or with regard to the performance of technical measures and if the restriction serves the correct or improved provision of service. It may temporarily or partially be impossible to use BlenderCloud Labs's service, e.g. for technical reasons.

Membership termination

• The User may terminate his membership anytime without giving reason and without notice by either sending an e-mail to support@blendercloud.net or by activating the respective button in his member account.
• BlenderCloud Labs may terminate a membership anytime without giving reason by sending an e-mail to the respective user 14 days before the date of termination. The right of termination for cause and without notice remains unaffected.

Payment

• Payment is done through PayPal. The User doesn't necessarily require a PayPal account for this. PayPal offers payment with credit cards for Users who don't have a PayPal account.
• The User has to accept the terms of PayPal which can be viewed here.

Privacy

• BlenderCloud Labs collects, precesses and stores as few information as possible about the User. Stored information about the User consists of name, email address and password.
• PayPal may demand extra information from the User when doing a payment. That information is only needed and stored by PayPal and not by BlenderCloud Labs.
• The User has to accept the privacy policy of PayPal which can be viewed here.
• After a payment is completed, BlenderCloud Labs stores the PayPal Payer ID, the PayPal token and the time when the payment was done.
• BlenderCloud Labs may need to provide the User with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and BlenderCloud membership, which the User may not be able to opt-out from receiving.

Liability of BlenderCloud Labs

• BlenderCloud Labs is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
• In cases of slight negligence, BlenderCloud Labs is only liable if he has infringed a fundamental duty and if the purpose of the contract is threatened thereby or if he has infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases BlenderCloud Labs is only liable for predictable damages that are typical for the contract.
• The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects.
• If the liability of BlenderCloud Labs is excluded or restricted, this also applies to the personal liability of his employees, representatives, and agents.

Liability of the User

• The User relieves BlenderCloud Labs of all claims that third parties enforce against BlenderCloud Labs if the User is responsible for the reason for the claim, e.g. because he has provided own contents. In such a case the User also bears the necessary legal costs for the defense including lawyer's fees and court fees.
• In cases of an aforementioned enforcement of claims by third parties, the User will provide BlenderCloud Labs with all his information that is needed for the examination of the claim and for the defense against it. The User provides the information immediately, truthfully, and completely.

Other

• If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or enenforceable, without being themselves invalid or unenforceable.

Last update: March 24, 2012

                

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