Last Updated: February 21, 2014
Your access to and use of this Service is governed by these Special Service Terms, which form part of the Autodesk Instant Terms of Service (“Terms of Service”) which incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).
I. HOW OTHERS MAY USE YOUR CONTENT
Whenever you send, share, otherwise transmit or make available Your Content (including your text messages, images and/or videos) using the Service, your grant of rights regarding our and others’ rights to use Your Content is governed by these Terms. Without limitation, by sending, sharing, otherwise transmitting or making available Your Content for other users to read, use, view or access through the Service, you grant to each other user of the Service a non-exclusive worldwide right to use, copy, display, share, distribute, comment on, and publicly perform Your Content, in each case as permitted by the functionality of the Service. Such license is an agreement solely between you and the other user (as licensee) of Your Content.
By using the Service, you understand and agree that:
- the Service is a work communication platform and you should treat it as you would your company’s email, instant messaging or official blog.
- if you sign up using your company email address, your contact information will be available to other employees at your company who have verified their email addresses.
- if you are using a public email service (eg. Gmail, Yahoo!, Hotmail) your contact list will not be available to others.
- by accessing your company’s proprietary contact list in order to use the Service, it is your sole responsibility to abide by all of your company’s rules and policies, such as for example, social media policy, confidentiality policy and acceptable use policy.
- should your company elect to enter into an enterprise agreement for Autodesk Instant, then Your Content on the Service may be accessed by your company.
II. USE OF THE SERVICE
You understand that messages sent by you via the Service are not confidential and that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, or Content that promotes activities or practices that pose a risk to your health or that are otherwise illegal or objectionable. In no circumstances will we be liable in any way for any Content, or for any loss or damage of any kind, including bodily injury and death, incurred as a result of the use of any Content uploaded, posted, shared, or otherwise transmitted or made available via the Service.
You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or move, permanently or temporarily, any Content that is available via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, safety, or usefulness of such Content.
III. SOUND RECORDINGS
Subject to these Terms, you may incorporate into your text messages videos, including music and other sound recordings (1) for which you own all copyright and other intellectual property rights, or (2) subject to the restrictions and other terms and conditions governing such Content, which you are solely responsible for.
IV. ADDITIONAL TERMS FOR APPLE APP STORE APPLICATIONS.
This Section V applies to you only if you have downloaded the Software from the Apple App Store.
- Acknowledgement. We and you acknowledge that these Terms are entered into solely between you and us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
- License to Software. Subject to all the terms and conditions herein, we hereby grant you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Service and, if you have downloaded the Software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Acknowledgement. You acknowledge that Apple has no responsibility for addressing any claims relating to the Software or the Service or your possession and/or use of the Software or the Service, including but not limited to (i) product liability claims; (ii) any claim that the Software or the Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
- Express Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
V. OTHER RESTRICTIONS; CONFLICTING TERMS
Your right to use the Service is subject to these 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) your company’s policies or 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 that the terms and conditions of your company’s policies conflict with these Terms, these Terms will prevail with respect to your use of the Service.
VI. HOW YOU CAN CONTACT US
If have any questions regarding the Service or you want to contact us, please direct your communications as follows:
- ACCOUNT: To terminate your account or for questions or issues about your account, please contact us by e-mail at firstname.lastname@example.org
- COPYRIGHT INFRINGEMENT: For claims of copyright infringement, please contact CopyrightAgent@autodesk.com in accordance with Section 19.c. 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 contact us at firstname.lastname@example.org.
- 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.
© 2014 Autodesk, Inc. All rights reserved.