Privacy Policy
Revision date: February 1, 2008

Your privacy is critically important to us. At Eat3D we have a few fundamental principles:

• We don't ask you for personal information unless we truly need it.
• We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
• We don't store personal information on our servers unless required for the on-going operation of one of our services.

Below is our privacy policy which incorporates these goals:

Website Visitors

Like most website operators, Eat3D collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Eat3D's purpose in collecting non-personally identifying information is to better understand how Eat3D's visitors use its website. From time to time, Eat3D may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Eat3D also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Eat3D does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to Eat3D's websites choose to interact with Eat3D in ways that require Eat3D to gather personally-identifying information. The amount and type of information that Eat3D gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at eat3d.com to provide a username and email address. Those who engage in transactions with Eat3D (by purchasing a DVD, for example) are not asked to provide additional information, including as necessary the personal and financial information required to process those transactions. The reason we don't need this information is because it is all handled through PayPal. PayPal does however need additional information to complete an order. Eat3D does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Eat3D may collect statistics about the behavior of visitors to its websites. For instance, Eat3D may monitor the most popular training videos on the Eat3D.com site. Eat3D may display this information publicly or provide it to others. However, Eat3D does not disclose personally-identifying information other than as described below.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Eat3D uses cookies to help Eat3D identify and track visitors, their usage of Eat3D website, and their website access preferences. Eat3D visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Eat3D's websites, with the drawback that certain features of Eat3D's websites may not function properly without the aid of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, Eat3D may change its Privacy Policy from time to time, and in Eat3D's sole discretion. Eat3D encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a wordpress.com account, you should also check your blog's dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: support@eat3d.com

Terms of Service:

The following terms and conditions govern all use of the Eat3D.com website and all content, services and products available at or through the website, including, but not limited to, the Eat3D.com training video streaming service. The Website is owned and operated by Eat3D. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Eat3D's Privacy Policy) and procedures that may be published from time to time on this Site by Eat3D (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Eat3D, acceptance is expressly limited to these terms.

By submitting Content to Eat3D for inclusion on your Website, you grant Eat3D a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Eat3D will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Eat3D has the right (though not the obligation) to, in Eat3D's sole discretion (i) refuse or remove any content that, in Eat3D's reasonable opinion, violates any Eat3D policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Eat3D's sole discretion. Eat3D will have no obligation to provide a refund of any amounts previously paid.

1. Fees and Payment. Optional paid services such as file downloads, DVD purchases or streaming training videos are available on the Website. By selecting a service you agree to pay Eat3D the one time, monthly or annual subscription fees indicated for that service (the payment terms for streaming training videos are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
2. Streaming Training Videos.
   • Fees; Payment. By signing up for a streaming training video account you agree to pay Eat3D the one time payment indicated at http://eat3d.com/forum/payments.php in exchange for the services listed at http://eat3d.com/forum/payments.php. Eat3D reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
   • Support. Paid Customers include access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Eat3D to respond within two business days) concerning the use of the Services.
3. Responsibility of Website Visitors. Eat3D has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Eat3D does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Eat3D disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Eat3D.com links, and that link to Eat3D.com. Eat3D does not have any control over those non-Eat3D websites and webpages, and is not responsible for their contents or their use. By linking to a non-Eat3D website or webpage, Eat3D does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Eat3D disclaims any responsibility for any harm resulting from your use of non-Eat3D websites and webpages.
5. Intellectual Property. This Agreement does not transfer from Eat3D to you any Eat3D or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Eat3D. Eat3D, Eat3D.com, the Eat3D.com logo, and all other trademarks, service marks, graphics and logos used in connection with Eat3D.com, or the Website are trademarks or registered trademarks of Eat3D or Eat3D's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Eat3D or third-party trademarks.
6. Changes. Eat3D reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Eat3D may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. Eat3D may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Eat3D.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Eat3D if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Eat3D's notice to you thereof; provided that, Eat3D can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided "as is". Eat3D and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Eat3D nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will Eat3D, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Eat3D under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Eat3D shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Eat3D Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless Eat3D, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between Eat3D and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Eat3D, or by the posting by Eat3D of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Eat3D may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.