Special Service Terms for 123Dapp.com (the “Service”)
Last Updated: October 29, 2013
Your access to and use of this Service is governed by these Special Service Terms and the Terms of Service (“Terms of Service”), which Terms of Service incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).
I. MEMBERSHIPS AND SUBSCRIPTIONS
A. Membership Plans.
- We offer one or more membership or subscription plan(s) (each, a “Membership Plan”) for free of charge or for a fee (e.g., “Premium Membership”). The Membership Plans and fees, if any, are described on the Service, and may be revised from time to time by us.
- In addition to these Special Service Terms, if you intend to join a paid Membership Plan you may be subject to additional terms and conditions, which are incorporated herein by this reference (each a “Paid Membership Plan”).
- At the conclusion of the initial or trial term specified in any free trial or special/promotional offer, your Paid Membership Plan which follows will be subject to the then-current fees for that Paid Membership Plan.
- Your Membership Plan access to the Service is conditioned on your agreement and adherence to these Terms and to your fully paid membership and/or other fees (if any). Your Membership Plan will be for the time period agreed to by you and us, and will automatically renew for indefinite successive renewal terms for the same period of time, unless terminated by you or us in accordance with these Terms. If you have a Membership Plan, you may terminate such membership at any time for any reason (see “How to Contact Us” below). However, all Paid Membership Plan fees, when paid, are non-refundable, except as set forth in these Terms.
- We may terminate, modify, revalue, or otherwise change the Site and/or any Membership Plan features, functionality, element, fees and/or Entitlement in our sole discretion without advance notice or liability. If you are a subscriber of one of our Paid Membership Plans and we make any such termination, modification, revaluation or other change that materially and adversely diminishes the value of your Membership Plan in a way you don’t accept, then you can terminate your Paid Membership Plan and we will provide you with either of the following at our sole discretion and determined as we deem reasonable (and the provision of same will be your sole and exclusive remedy for such changes): (i) a pro rata refund of your previously paid but unused Membership Plan fee(s); or (ii) an online credit for future redemption of comparable value corresponding to the value of the diminished features,
- You agree to pay for any Paid Membership Plan on time via your account through a third party payment gateway, payment processor or E-Commerce Vendor, such as TurboSquid, Inc., iMaterialise, Sculpteo, Shapeways or PayPal (each a “Payment Processor”), and you authorize the Payment Processor to charge your credit card, debit card or other designated account in advance of Paid Membership Plan activation or renewal, for the fee(s) specified by us for your Paid Membership Plan, regardless of whether or not you actually access or use the Service. Payment terms are subject to the terms of sale and other terms and conditions of the Payment Processor. You agree to pay all costs incurred by us and the Payment Processor with respect to collection of any past due amount, including legal and collection fees and costs.
- Unless otherwise specified by the Payment Processor, all fees are quoted and payable in United States Dollars. You are also responsible for paying all taxes applicable to your Paid Membership Plan.
- You can only dispute any charge within ninety (90) days after such charge is made to your account. Otherwise, except as required by applicable law, any and all such complaints are waived by you.
II. HOW YOU AND OTHERS CAN USE YOUR CONTENT
A. Your Content Shared. The Service may permit or require you to share Your Content to one or more public area(s) designated for that purpose, including on our web site(s). If that is the case, by uploading, posting, publishing, transmitting, displaying, distributing, emailing, saving, sharing or otherwise transmitting or making available Your Content to a public area of the Service or through the Service to another public location:
- Subject to these Terms, your right to use Your Content created or modified using the Service is outlined in the Entitlements Page for the Service, located at www.123Dapp.com/premium.
- You automatically grant to us and our sub-licensees (and warrant that the licensor of such rights has expressly granted to us and our sub-licensees) the worldwide, perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, sublicensable (through multiple tiers) right and license to have Access to, store, display, reproduce, use, disclose, transmit, view, reproduce, modify, adapt, translate, publish, broadcast, perform and display (whether publicly or otherwise), distribute, re-distribute, transmit, save and use Your Content (in whole or in part) for any reason and/or purpose (whether commercial or non-commercial) by any and all means in any and all media, forms, formats, platforms and technologies now known or hereafter devised, invented, developed or improved in connection with the Service, Our Materials or our business generally. For example, the license granted by you pursuant to this Section includes, without limitation, the right and license to use all or part of Your Content: (1) in order to display, transmit, reproduce, distribute and/or redistribute it and/or to use and modify it for the fulfillment of any other User’s order; (2) for purposes of advertising, promotion, marketing and publicity purposes related to us, our partners, affiliates and/or sub-licensees, the Service, any third party e-commerce store or online service provider(s); (3) to make such changes Your Content as necessary to conform and/or adapt it for technical, business or legal reasons; (4) for purposes of providing, maintaining, repairing, protecting, organizing and/or otherwise administering or providing to you products, services and/or features on the Service; (5) in the ordinary course of our (or our designated third parties’) provision, improving and/or modifying of products and/or services, and/or (6) in order to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of Your Content and information, and to disclose such Content and information and the results of any such analysis in aggregated form consistent with our Privacy Statement.
- By sharing Your Content, you automatically grant to other Users a royalty-free, non-exclusive, worldwide, perpetual, license to view, use, reproduce, modify, adapt, translate, publish, broadcast, perform and display (whether publicly or otherwise), distribute, re-distribute, save , share, and rate Your Content including within or as the basis for their own derivative works pursuant to the terms and conditions of the Creative Commons Attribution-Non-Commercial-Share Alike license (see, for example, http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode and http://creativecommons.org/licenses/by-nc-sa/3.0/ ). Such license to each other User is an agreement solely between you and the other User (as licensee) of Your Content, as we are neither a party to that license nor affiliated with Creative Commons. Nothing in these Terms or elsewhere authorizes you to grant any rights or licenses with respect to any of Our Materials, including any of Our Materials that may be attached to any of Your Content. The right to use Our Materials is governed by these Terms and your license of Your Content does not waive, alter, modify or amend any of these Terms or the limitations on use provided hereunder. Any additional rights for other Users to use Your Content is outlined in the Entitlements Page for the Service, located at www.123Dapp.com/premium.
B. Keeping Your Content Non-public. The Service may also permit you to choose not to post or publish Your Content onto public area(s) designated for sharing (e.g., Your Content published into a private area on our web site(s) or, to the extent allowed by the Service, emailed to or Accessed by solely your authorized designees, or Your Content using our Software without posting or publishing onto a public area of the Service). In these situations, subject to these Terms, your right to use Your Content created or modified using the Service is outlined in the Entitlements Page for the Service, located at www.123Dapp.com/premium. To the extent possible, we will not expressly authorize Your Content to be shared publicly with others (e.g., subject to data security limitations of servers). You automatically grant to us and our sub-licensees (and warrant that the licensor of such rights has expressly granted to us and our sub-licensees) a perpetual, irrevocable, non-exclusive, royalty-free, paid-up, worldwide, sublicensable (through multiple tiers) license to have Access to, store, display, reproduce, modify, use, disclose, distribute and transmit such Your Content for purposes of providing, maintaining, repairing, protecting, organizing and/or otherwise administering or providing to you products, services and/or features on the Service (e.g., allowing Your Content to be emailed to or Accessed by your authorized designees), to comply with applicable laws/regulations/legal proceedings, in the ordinary course of our (or our designated third parties’) providing, improving and/or modifying the Service or any of products and/or services, including extracting, compiling, aggregating, synthesizing, using, and otherwise analyzing all or any portion of Your Content and information, and to disclose such Content and information and the results of any such analysis in aggregated form or any other form that does not specifically identify you unless emailed to or Accessed by your authorized designees or otherwise permitted by these Terms.
III. HOW YOU CAN USE OUR MATERIALS:
A. Our 3D Models. Subject to these Terms and applicable law, you may use our 3D Models made available through the Service as outlined in the Entitlements Page for the Service, located at www.123Dapp.com/premium.
B. Autodesk Free Content License. Subject to the restrictions contained in the Entitlements Page for the Service, located at www.123Dapp.com/premium, if one of our 3D Models is denoted with the “Autodesk Free Content License” you are granted a non-exclusive, worldwide, license to reproduce, post, promote, license, publicly perform, publicly display, digitally perform or distribute or create derivative works using such of such 3D Models, for non-commercial purposes only and subject to these Terms [including Section III (A) above and Section III (C) below] and any applicable License Agreement. Without limitation, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain, as between you and us, our sole property. You must at all times retain all copyright, trademark and other proprietary notices on all of Our Materials used by you. Expressly prohibited from the Autodesk Free Content License is any use by which our 3D Models are extracted, reverse engineered, decompiled, separated or disassociated from the Software or from outputs of the Software and/or are used or distributed as stand-alone products. For illustration, approved distribution or use of our 3D Models includes, but is not limited to, as part of: a 3D design created using the Software, a background photograph for a 3D design created using the Software, a physical object (such as an object, figure or model) created using the Software, a photo, still image, drawing or rendering generated within and used only with the Software, and assembly instructions prepared using the Software.
C. Our Materials Other than 3D Models: Your use of Our Materials in the form of Software, 2D files, 3D files or other software that is owned, licensed, uploaded and available by us for download by or through this Service is limited to the object code of the Software and such use is governed by the terms of the License Agreement applicable to the Software. You may not download, upload, install or Access any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement terms. If Software is made available from the Service, it is permitted solely for use by Users in accordance with the applicable License Agreement and to these Terms. Except to the extent expressly authorized under applicable law overriding any of the restrictions contained in this Section III(C), you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, decompile, reverse engineer, disassemble, separate, disassociate or attempt to derive source code from the Software. Without limiting the foregoing, copying, reproduction or redistribution of any of Our Materials (including any Software) to any other web site, server or location for further reproduction or redistribution is expressly prohibited unless such reproduction or redistribution is expressly permitted by any License Agreement accompanying such Software.
D. Other Restrictions; Conflicting Terms.
- Without limitation of these Terms (including, without limitation, the “Be Nice” Policy), this Service is not intended for the exchange of Sensitive Personal Information, and by using this Service, you agree that you will not include in Your Content any Content which violate(s) another’s rights and will not include any image of any individual from which his or her personal identity could be determined. In the event of any irreconcilable conflict or inconsistency between any of the terms and conditions of the Terms of Service and those of these Special Service Terms, the terms and conditions of these Special Service Terms will govern.
- Elements of the Service are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic or sound, the design, layout, “look and feel”, feature or portion on or from the Service may be copied, transmitted or retransmitted, in whole or in part, unless expressly permitted in writing by us. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Autodesk’s or its licensors’, affiliates’ or suppliers’ trade names, trademarks or service marks without our express prior written consent.
IV. OWNERSHIP RIGHTS:
A. Your Content. As between you and us, you are the owner of Your Content. “Your Content” expressly excludes all of Our Materials and all “Excluded Materials” (defined below).
B. Our Materials. Expressly excluding Your Content and any Third Party Materials, any and all materials issued and authorized by us and used in connection with the Service including, but not limited to, Content listed as “Licensed Under Autodesk Free Content License,” models, textures, images, image files, photos, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images and software including Software (collectively, “Our Materials”) is the copyrighted work or other intellectual property of Autodesk, its subsidiaries, affiliates, licensors and/or suppliers. Nothing in these Terms should be construed to give you or anyone else any right, title or interest in any of Our Materials and, except as expressly set forth herein, any and all rights and licenses not expressly granted to you by these Terms are hereby expressly reserved by us. You and we do not intend to merge any of Our Materials and Your Content into inseparable or interdependent parts of a unitary whole, and no joint works are to be created or shall be deemed to have been created hereunder.
C. Excluded Materials: “Excluded Materials” means any additions, subtractions, modifications, alterations or other changes to our 3D Models that are not either protectable as separate copyrightable matter. Excluded Materials may constitute Third Party Materials, but we reserve the right to claim ownership therein if and to the extent that Our Materials are used in connection therewith. “Third Party Materials” means any and all designs, design files, software, code, technology, documentation and/or other materials, proprietary systems and all related files, programs and other intellectual property (expressly excluding any Our Materials) to the extent owned by or licensed from a Third Party. A “Third Party” is any person, firm or entity that is not either you, us or our respective employees, officers, directors, subsidiaries or affiliates.
V. HOW YOU CAN CONTACT US
If have any questions regarding the Service or you want to contact us, please direct your communications as follows:
- MEMBERSHIP or ACCOUNT: To terminate your membership or for questions or issues about your account or membership, please contact us by e-mail at email@example.com.
- YOUR ORDER, SHIPPING OR RETURNS: For questions about your order, shipping or handling, returns or defective products, please contact us at http://123dapp.zendesk.com/home.
- COPYRIGHT INFRINGEMENT: For claims of copyright infringement, please contact firstname.lastname@example.org in accordance with Section 19.f. of these Terms.
- OBJECTIONS TO CHANGES: If you do not agree to material changes we’ve made to these Terms, please provide written notification to email@example.com pursuant to Section 19.g. of these Terms, specifying the “Last Updated” date of these Terms with which you disagree, and what you disagree with.
- TECHNICAL QUESTIONS AND ALL OTHER INQUIRIES: For technical questions and all other inquiries, please visit firstname.lastname@example.org.