TERMS AND CONDITIONS OF USE

“USER AGREEMENT”

Introduction:

Ikarus 3D and www.ikarus3D.com(‘Website’) is a service owned, operated, and managed by Ikarus 3D and Partners (‘Ikarus 3D’ or ‘we’ or ‘us’). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at [email protected]. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights and services:

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Ikarus 3D. All information displayed, transmitted, or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties. This site is designed, updated, and maintained by Ikarus 3D or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the content available on the Website, following are the services offered by Ikarus 3D and forms the part and parcel of the website or its content :

• AV 3D Modeling Services
• VR 3D Modeling Services
• 3D File optimization
• 3D scan clean-ups
• VTO-ready 3D assets
• Metaverse-ready 3D avatars
• 3D NFT art

Accuracy of content and invitation to offer:

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular, to ensure that all products have been fairly described. Services may vary from that as shown. The services given are approximate only. We have made every effort to display it as accurately as possible on the Website. However, as the actual services you see will depend on your monitor, we cannot guarantee that your monitor’s display is of any color. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon separate communication done with you. No act or omission of Ikarus 3D prior to the actual start of the services will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm the order.

General Terms of Use:

• Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
• The user is hereby authorized to use the website for a lawful purpose and for the purposes as mentioned under the policies of the Ikarus 3D and Google only, any violation of the policy will lead to strict legal action against the User in terms of the policies and applicable laws; o Ikarus 3D strives to provide best services to users availing from the Website.
• Ikarus 3D has a network of vendors and reserves the right to pass on the orders to any of the vendors for fulfillment.
• We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
• Ikarus 3D may, at any time due to various reasons, including but not limited to technical errors, unavailability of resources or for any other reasons whatsoever, cancel the orders placed by Users. Ikarus 3D’s decision of cancellation of order shall be final and Ikarus 3D shall not be liable for such cancellation(s) whatsoever;
• Expected delivery time as mentioned on the website may vary than the usual time of delivery; separate agreements must be executed for every project.
• Ikarus 3D strives to provide accurate services and information, typographical and other errors may occur. In the event that a service is listed with incorrect information due to an error in service information, Ikarus 3D may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation;
• Cancellation by Ikarus 3D: There may be certain orders that Ikarus3D is unable to accept and must cancel. Ikarus 3D reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accepts and undertakes that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, nonavailability of the service, inaccuracies or errors in pricing information, or problems identified by Ikarus 3D’s credit and fraud avoidance department;
• Ikarus3D may also require additional verifications or information before accepting any order. Ikarus3D will contact the User to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;
• Cancellation by the User: In case of requests for order cancellations, Ikarus 3D at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Ikarus3D receives a cancellation notice and the order has not been processed/ approved by Ikarus 3D, Ikarus 3D shall cancel the order and refund shall be initiated according to the refund policy;
• Ikarus 3D will not be able to cancel orders that have already been processed, it is pertinent to note that the Ikarus 3D has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the Ikarus3D is acceptable to User and User shall not create any dispute on the decision taken by Ikarus3D on cancellation;
• Ikarus 3D reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
• Limitation of Liability: Under no circumstances Ikarus3D liability shall exceed giving the User a replacement of the same service and of the same value;
• These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Mohali (India) only.

Conditions for Availing of a Free Sample:

• A free sample/model is based on due diligence from the company.
• A free sample/model is based on the current/ future scope of the project.
• A free sample/model is based on complete analysis with respect to the details received with the needs/requirements of the project.
• A free sample/model depends on the time required to build it.
• A free sample/model is subjected to development after direct communication via any channel.
• A free sample/model is subjected to development after a complete sample/model understanding.

# In case of any query before/during the initiation of creating the sample, we advise you to speak to us directly or book a call.

# In case of any query about T&C, you can mail us at [email protected].

Usage Restrictions:

You shall not use the Website for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorised access to other computer / network systems. o Interfering with any other person’s use or enjoyment of the Website.
• Breaching any applicable laws. o Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that o belongs to another person and to which you do not have any right to;

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; o harm minors in any way; o infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; o impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

• violating or attempting to violate the integrity or security of the Website or its content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
• intentionally submitting on the Website any incomplete, false or inaccurate information; o making any unsolicited communications to other users of the Website;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the content on the Website or other information available from the Website; o framing or hotlinking or deeplinking any content on the Website.

Refund Policy:

Ikarus 3D reserves the rights on refund and the eligibility of the user for refund cases, Ikarus 3D may at its sole discretion accept or reject any application for refund without assigning any reason whatsoever, following conditions shall make a refund claim eligible/qualified to be accepted or rejected by Ikarus 3D to process the same:

1. Cancellation of the services has been done mutually by the user and Ikarus 3D
2. Refund Claim stands eligible ; when the same is made/applied for only after the expiry of minimum 14 days of the mutual cancellation of the services
3. Bank account or other payment method as approved mutually by the user and Ikarus 3D to be provided to Ikarus 3D within 14 days of cancellation to initiate the refund , which shall be made available to the user with 30 to 90 days from the end of 14 days of cancellation and counted from the date of receipt of the bank account/payment method.
4. Extra charges/incidental costs or any other overhead costs involved in the initiation/processing of refund shall be borne by the party initiating the refund.

Indemnity:

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mohali, Punjab. All disputes will be subject to arbitration in Chandigarh in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996 (as amended from time to time). Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless Ikarus 3D, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Ikarus 3D or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Eligibility to use:

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Privacy:

IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.

All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive.

You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.

Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.

We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.

We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may “target” some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

This privacy policy applies to websites and services that are operated and managed by us. We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website’s provider, or the information on the website. We encourage you to read the privacy policies of that website.

The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.

We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.

Refusal of service:

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Promotional Communications:

“We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service”.

Financial Details:

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Communication:

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

Website feedback, user comments and user generated content:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark:

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Ikarus 3D names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ikarus 3D or licensed to Ikarus 3D. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appears on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Ikarus 3D or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Ikarus 3D and is also protected by Indian and international copyright. We don’t offer any Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another Objectionable Material:

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Termination:

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through postal system by registered post if in India or otherwise, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Ikarus 3D. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers:

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, Ikarus 3D its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

The images contained in this website are for general information purposes only. The said images have been sourced through the various open sources available in general on the world wide web (w.w.w.). We endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the images or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the images available on the website.

Through this website you are able to get/ find the images available through various open source websites, which are not under the control of Ikarus 3D. We have no control over the nature, content and availability of those open source sites. The inclusion of any images/ graphics does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Ikarus3D and Partner stakes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Website Security:

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading,

‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;

• Sending unsolicited email, including promotions and/or advertising of products or services; or
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Ikarus3D on this

Website and other than generally available third party web browsers (e.g.,

Google Chrome, Firefox, Microsoft Internet Explorer).

• “We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) for 128 bit encryption through third party gateways and Ikarus3D plays no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, Ikarus3D shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third party gateways and or website. Ikarus3D shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User’s account and / or information relating to or regarding online transactions using credit cards / debit cards /cash cards/net banking and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.”

Entire Agreement:

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Contact Information:

If any User has any grievance, comment, question, or suggestion regarding any of our Services, please contact our Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:

• Sending an email to [email protected] ➢ © Ikarus3D ikarus3D.com. All Rights Reserved.