Terms of Use – SHAIKHTECH

Last updated:August 23, 2021

Please read these Terms of Use (“Terms”) carefully before using the ShaikhTech Limited website or any ShaikhTech products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through the ShaikhTech website (collectively, the “Service”). Using the Service indicates that you accept these Terms and any policies and guidelines of ShaikhTech incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.

GENERAL

The Service is owned and operated by ShaikhTech, Inc. (“ShaikhTech,” “we,” “our” and “us”). ShaikhTech reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.

Prohibited Activities

In using the Service, you must not:

Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
Misrepresent your identity or affiliation in any way;
Collect information about others;
Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with ShaikhTech) or distribute spam;
Interfere with the operation of or damage the Service;
Violate any applicable laws or regulations; or
Assist or permit any persons in engaging in any of the activities described above.

User-Submitted Information

You must exercise caution, good sense and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information.

ShaikhTech has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service. Certain information collected from you on the Service is subject to ShaikhTech’s privacy policy available in the footer of the ShaikhTech website. You understand that, except as otherwise provided within the Privacy Policy regarding Confidentiality within the Terms of Use, material that You submit through the Service shall be deemed non-confidential and as such, any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary.

Except as expressly provided in ShaikhTech’s Privacy Policy, you give ShaikhTech an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in such material. For any such material that you submit, you represent and warrant that: (a) you have the right to submit the material to ShaikhTech and grant the licenses set forth above; (b) ShaikhTech will not need to obtain licenses from any third party or pay royalties to any third party; (c) the material does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the material complies with these Terms and all applicable laws.

Unsolicited Ideas

ShaikhTech does not accept or consider unsolicited ideas, concepts or know-how, including ideas for new products or technologies (collectively “Submissions”). Except as otherwise provided within the Privacy Policy regarding Confidentiality within the Terms of Use, material that you submit through the Service shall be deemed non-confidential and any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary. Except as expressly provided in ShaikhTech’s privacy policy, you give ShaikhTech an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such Submissions, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in any Submissions.

Ownership and Use of the Service

The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images and digital 3D model information available for viewing in the ShaikhTech Viewer. The “ShaikhTech Viewer” means any functionality or application on the ShaikhTech website that displays 3D models and related content. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. ShaikhTech and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. ShaikhTech and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.

Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis:

Use the functionality of the ShaikhTech website and view any content available on the ShaikhTech website through the functionality included in the website;
Link to any page of the ShaikhTech website, including on any of your websites or blogs or through any of your social networking outlets;
Utilize the “screenshot” functionality of the ShaikhTech Viewer, to the extent it is available, to create copies of the images as they are displayed on the screen, and post or otherwise share those images—without removing any ShaikhTech logo or watermark or making any other modification to the image—via any of your websites or blogs or through any of your social networking outlets;

Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of ShaikhTech (other than as needed for your computer or device to interface with the Service). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without ShaikhTech’s prior written authorization, unless ShaikhTech makes available the means for such distribution through functionality offered through normal use by the Service (such as the ShaikhTech Viewer). You also agree not to access the Service through any technology or means other than through the pages of the ShaikhTech website, the ShaikhTech Viewer, or other explicitly authorized means ShaikhTech may designate. If you use the ShaikhTech Viewer on your website, you may not modify, build upon, hide, or block any portion or functionality of the ShaikhTech Viewer, including but not limited to links back to the ShaikhTech website. Any use of the ShaikhTech Viewer on your website will be subject to these Terms. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein. Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of ShaikhTech and its licensors. Written permission for any such unauthorized use or modification must be obtained from ShaikhTech in advance; such requests should be submitted via an email to info@shaikh-tech.com. ShaikhTech reserves the right to discontinue any aspect of the Service at any time.

TRADEMARKS

All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “ShaikhTech,” are proprietary to ShaikhTech or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.

Links to Other Websites

For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of ShaikhTech’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from ShaikhTech. ShaikhTech is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not ShaikhTech is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by ShaikhTech of the organizations sponsoring such third-party websites or their products or services. Except for any ShaikhTech property or content embedded in any third-party website, these Terms do not apply to any third-party website.

Jurisdictional Issues

The Service is controlled and operated by ShaikhTech from its offices within the State of California, in the United States of America. ShaikhTech makes no representation that materials available on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software from the Service is further subject to United States export controls. By using information or software from the Service, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of any country or region or are not on or owned, in whole or part, by any such person or persons on any such list.

Termination

ShaikhTech may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.

Disclaimer

THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHAIKHTECH DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ShaikhTech DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ShaikhTech DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ShaikhTech OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF ShaikhTech OR A ShaikhTech AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF ShaikhTech AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO SHAIKHTECH OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend, and hold harmless ShaikhTech, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to ShaikhTech violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases ShaikhTech from all liability with respect to such Claim or unless ShaikhTech consents to such settlement in writing.

SITE SECURITY

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. ShaikhTech will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

CHILDREn

The Service is intended for a general audience. ShaikhTech does not seek through the Service to gather personal information from or about children under the age of 13.

PRIVACY

Personal information about you provided through the Service is governed by ShaikhTech’s privacy policy, accessible through the footer of the Service. As further provided in our privacy policy, ShaikhTech and its service providers may collect and use personal information and technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—to facilitate the provision of the Service to you. Through your use of the Service, you consent to the collection and use (as set forth in the privacy policy) of information we and our service providers collect from you, including the transfer of this information within and between the United States and/or other countries for storage, processing, and use by ShaikhTech, its affiliates and service providers, and third parties with which it has strategic relationships. By providing your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us relating to our product and services at that number.

Policy Regarding Third-Party Copyrights

ShaikhTech respects the intellectual property of others, and we ask our users to do the same. ShaikhTech will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShaikhTech’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to ShaikhTech’s copyright agent by email info@shaikh-tech.com. ShaikhTech may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

Please note that if you fail to comply promptly with the foregoing requirements or any request from ShaikhTech for additional information, your DMCA notice or counter-notification may not be processed further.

Confidentiality

Each Party may have access to information that is confidential to the other Party. As used herein, “Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether orally or in writing, that is clearly identified as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential, including but not limited to the Customer’s PII, business and marketing plans, technology and technical information, product designs, trade secrets and business processes. A Party’s Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other Party; (ii) was in the other Party’s lawful possession prior to the disclosure and had not been obtained by the other Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the other Party by a third party without restriction on disclosure; (iv) is independently developed by the other Party without use of or reference to the other Party’s Confidential Information. The Parties agree to use all reasonable care to prevent disclosure of the other Party’s Confidential Information to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that ShaikhTech may disclose Customer’s Confidential Information to its employees, consultants, Providers and other third-party providers solely to the extent necessary to provide the Service under this Agreement, provided that ShaikhTech has a non-disclosure agreement in place with such third-party provider that protects such Confidential Information against disclosure in a manner no less protective than this Agreement.

Export and Destruction of Personal Data (PII)
During the subscription Term or a trial Term, Customer will have the ability to export or retrieve Personal Data (PII) from the Service at any time. Unless otherwise specifically stated in the Privacy Policy, ShaikhTech will retain your personal data for the period necessary to fulfill the purposes outlined in the Privacy Policy unless a longer retention period is required or permitted by law. Customers can request through support to delete the personal data at any time. To exercise the access and deletion rights described above, the account owner should submit a verifiable consumer request to us using the information in the ‘Contact us’ section.

QUESTIONS

If you have any questions regarding these Terms, please submit your questions via an email to info@shaikh-tech.com. We will endeavor to respond to you promptly.