TERMS OF USE

Overview.

Shape Security, Inc. (“Shape Security”) Web Site Terms of Use (“Terms”) govern all shapesecurity.com web pages (“Site”). By accessing, visiting, or otherwise using this Site, you agree to be bound by these Terms of Use. When using this Site, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of personal and technical data. If you do not agree to these Terms, you may not and should not use the Site.

Limited License.

Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Site.  Shape Security or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights. Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, Shape Security Terms of Use and free/open source software licenses, as applicable.

Copyright Notice and Use of the Site.

The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written agreement you have with Shape Security, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this Site. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Shape Security or third parties. You are not permitted to use these Marks without the prior written consent of Shape Security or such third party which may own the Mark. Shape Security, Inc. and the Shape Security logo are trademarks or registered trademarks of Shape Security, Inc., in the United States and/or in other countries.

User Submissions.

Any comments, information, or other materials of any kind whatsoever posted to this Site or transmitted to Shape Security such as questions, comments, suggestions, or the like regarding Shape Security products or programs, this Site and the Materials and other information discussed on this Site ("Feedback") will be considered non-confidential and non-proprietary unless expressly agreed otherwise in writing by Shape Security prior to your submission. Shape Security shall have a worldwide, perpetual, irrevocable, and fully-paid right to use, reproduce, prepare derivative works of, perform, display, and distribute the Feedback, including any ideas, concepts, know-how, or techniques contained in such Feedback, for any and all purposes without limitation, and to authorize others to do so as well.

Privacy.

Shape Security’s Online Privacy Statement including our Cookie Notice, describes how we will protect your privacy and handle your personal information when using our Site. By using the Site, you agree that Shape Security can use such information in accordance with this policy.

General Disclaimers and Limitations of Liability.

Nothing in these Terms confers any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Shape Security or any third party. All rights not expressly licensed are reserved. Although Shape Security has attempted to provide accurate information on this Site, Shape Security assumes no responsibility for the accuracy of the information. Shape Security does not endorse or assume responsibility for user conduct or what users submit to this Site. This Site may contain links to third-party sites. We provide these links merely as a convenience to you, and inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk. THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. ADDITIONALLY, IN NO EVENT SHALL SHAPE SECURITY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOSS OF USE, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR MATERIALS, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. ALL USE OF THIS SITE IS AT YOUR OWN RISK.

General.

Shape Security reserves the right to change these Terms from time to time at our sole discretion.  These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws rules or principles. If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck, and the remaining provisions will remain in full effect. If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

This Site is Copyright © 2019 Shape Security, Inc. All rights reserved.