Registration Terms

TERMS OF USE

 

The website located at www.embodi3D.com (“Site”) is a copyrighted work belonging to Embodi3D LLC (“Company”, “us”, “our”, and “we”). Company provides a service for users to share information, opinions, digital designs, and buy and sell products and services (collectively referred to with all other services provided through the Site, as the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this terms of use agreement (“Terms of Use”). “You” or “Your” shall mean the user or individual registering the account with Company or using Site, and any party, entity, or organization which user may represent.

 

THIS SITE IS A COPYRIGHTED WORK BELONGING TO COMPANY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY FOR THE USE OF THE SITE AND SERVICES. BY ACCESSING, USING, OR VISITING THE SITE YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

By accessing or using our Site, You acknowledge that You have read and understand the contents herein and specifically consent to the Terms of Use.

 

SECTION 1. Accounts

1.1 Account Creation. In order to use certain features of the Site (e.g., to download or upload a design or post a comment), You must register for an account with Company (“Company Account”) and provide certain information as prompted by the Site registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b ) You will maintain the accuracy of such information. You may delete Your Company Account at any time, for any reason, by following the instructions on the Site. Company reserves the right to suspend or terminate Your Company Account at any time and in accordance with Section 8 or following any material breach of these Terms of Use.

 

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of Your Company Account login information and are fully responsible for all activities that occur under Your Company Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of Your Company Account or any other breach of security. Company shall not be liable for any loss, injury, or damage arising from Your failure to comply with the requirements contained herein.

 

SECTION 2. Use of Site.

2.1 License. Subject to these Terms of Use, Company hereby grants to You a non-transferable, non-exclusive, worldwide, royalty-free limited license (without the right to sublicense) to use, view and download the Company-owned content contained on the Site and use the Site and its Services for Your personal use only. The license(s) granted herein are subject to the terms, conditions, requirements, restrictions and limitations set forth in these Terms of Use.  All rights not expressly granted are hereby reserved by Company. None of the information, Services or Company-owned content contained on the Site may be used for any commercial purpose unless expressly allowed.

 

2.2 Certain Restrictions. The rights granted to You in these Terms of Use are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b ) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c ) You shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of these Terms of Use or as modified.

 

2.3 Modification. Company expressly reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice to You. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except if otherwise expressly set forth herein.

 

2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide You with any support or maintenance in connection with the Site or Services.

 

2.5 Ownership. Excluding Your User Content (defined below in Section 3.1), You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to You or any third party any rights, title or interest in or to such intellectual property rights. Company and its licensors reserve all rights not expressly granted in these Terms of Use.

 

SECTION 3. User Content.

3.1 User Content. “User Content” means any and all information and content that a user (including You) submits to, or uses with, the Site or Services (e.g., content in the user’s profile, blog postings, comments, or digital files). You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the Acceptable Use Policy (defined below in Section 3.4). You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by Company. Because You are responsible for Your User Content, You may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content if You desire.

 

3.2 License. You hereby grant, and represent and warrant that You have the right to grant to Company and its affiliates and partners, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Site and Services.

 

3.3 Secondary License. When You upload User Content to the Site or Services, You may be asked to select an end-user copyright license (“End-User License”), which is additional to the license You grant to Company and its affiliates and partners in Section 3.2. This End-User License will govern how other Site or Services users may use Your User Content. You are solely responsible for the choice of the type of End-User License offered with the User Content You upload to the Site or Services.

(a) You can designate an End-User License to be one of the Creative Commons Licenses for free files (see http://www.creativecommons.org), or in the case of files available for a fee, the General License for Paid Files, which is available on the Site. You may also designate an End-User License provided by You.

(b ) Any End-User License You choose to license the User Content is Your sole choice and responsibility. ANY FORM OF A CREATIVE COMMON LICENSE AND THE GENERAL LICENSE FOR PAID FILES IS PROVIDED “AS IS” TO YOU. COMPANY MAKES THE FORM OF ANY OF THE FOREGOING END-USER LICENSES AS A CONVENIENCE TO YOU AND IS NOT PROVIDING ANY LEGAL SERVICES OR LEGAL ADVICE. COMPANY DOES NOT REPRESENT OR WARRANT THE LEGAL SUFFICIENCY OF THE END-USER LICENSE FOR ITS INTENDED PURPOSE. YOUR USE OF ANY FORM OF AN END-USER LICENSE PROVIDED BY COMPANY ACKNOWLEDGES YOUR AND/OR YOUR LEGAL ADVISORS REVIEW OF THE END-USER LICENSE FOR ITS INTENDED PURPOSE.

(c ) You agree that Company may make Your User Content available to other Site or Services users, subject to the End-User License You have provided, including as applicable a form of the Creative Common License, the General License for Paid Files or such other license that You may make available.

(d) If You make User Content available to Site and Services users for a fee (“Paid Files”), You agree agree to the TERMS OF USE FOR GENERAL LICENSE FOR PAID FILES which is incorporated by reference herein, and to allow Company to collect licensing fees on Your behalf. Company will then forward those fees, less any additional fees and commissions, to You according to the terms and conditions described on the Site webpage Selling Biomedical Model Files on Embodi3D.  TERMS OF USE FOR GENERAL LICENSE FOR PAID FILES and terms specified on the webpage Selling Biomedical Model Files on Embodi3D can be revised by Company at any time and Your continued use of the Site or Services confirms Your agreement to them.

 

3.4 Acceptable Use Policy. The following sets forth Company’s “Acceptable Use Policy”:

(a) You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) contains patient Protected Health Information or that otherwise violates the Health Insurance Portability and Accountability Act (HIPAA), or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b ) In addition, You agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; (vii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (viii) systematically aggregating, embedding or deep-linking content from Your own web site, service or platform to the Site for commercial purposes without the prior written consent of Company.

 

3.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms of Use or otherwise create liability for Company or any other person. Such acts may include removing or modifying Your User Content, terminating Your Company Account in accordance with Section 8, and/or reporting You to law enforcement authorities.

 

3.6 Feedback. If You provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), You hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback You provide to Company as non-confidential and non-proprietary. You agree that You will not submit to Company any information or ideas that You consider to be confidential or proprietary.

SECTION 4. Indemnity. 

 

4.1 Indemnification. You hereby covenant and agree to indemnify and forever hold harmless Company and its officers, managers, directors, employees, executors, administrators, third-party providers, affiliates and their successors and assigns, jointly and severally, against any and all liability, cost and expense resulting from any claim, demand, suit, action or cause of action, which may be asserted by or on behalf of any person or entity for injury, damages, or expenses sustained (including reasonable attorneys’ fees and costs) due to or arising directly or indirectly out of Your: (a) use of the Site or Services; (b ) use or reliance on any End-Use License provided by Company; (c ) User Content; (d) violation of these Terms of Use; or (e) violation of applicable laws or regulations. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company and You agree to cooperate with Company’s defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

 

SECTION 5. Third Party Sites & Ads; Other Users.

5.1 Third Party Sites & Ads. The Site may contain links to third party websites, services and advertisements (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You may use all Third Party Sites & Ads at Your own risk. When You link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

 

5.2 Other Users. Each Site or Service user is solely responsible for any and all of its User Content. Because Company does not control User Content, You acknowledge and agree that Company is not responsible for any User Content and Company makes no guarantees regarding the accuracy, currency, suitability, veracity, or quality of any User Content and Company assumes no responsibility for any User Content. Your interactions and transactions with other Site or Service users are solely between You and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Site or Service user, Company is under no obligation to become involved.

 

5.3 RELEASE. YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY AND ITS OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, LOSS OF DATE AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER SITE OR SERVICE USERS OR THIRD PARTY SITES & ADS.

SECTION 6. Disclaimers.

 

6.1 AS-IS. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND COMPANY (AND ITS AGENTS AND SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (b ) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (c ) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

 

6.2 Medical Advice. All content provided on this Site is for informational and/or entertainment purposes only. Such content does not constitute medical advice and should not be used in any medical or legal capacity whatsoever, including but not limited to establishing “standard of care” in a legal sense, as a basis for expert witness testimony, medical or surgical planning, or surgical implantation.

SECTION 7. Liability 

 

7.1 Limitation of Liability. IN NO EVENT SHALL COMPANY AND ITS OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, OR THEIR ASSIGNS BE LIABLE TO YOU, YOUR EXECUTORS, HEIRS, ASSIGNS, OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES FROM YOUR USE OF THE SITE OR SERVICES OR TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.  YOU AGREE THAT COMPANY’S AGENTS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.

SECTION 8. Term and Termination. 

 

8.1 Term and Termination. These Terms of Use are in effect upon Your registration with the Site or use of the Site and shall remain in full force and effect for as long as Your account remains open, or for as long as You continue use of the Site or Services, whichever is longer. Company may: (a) suspend, close, or terminate Your account and Your rights to use the Site or Services (including Your Company Account), or (b ) terminate these Terms of Use, at any time for any reason at Company's sole discretion. Upon either of the foregoing, Your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of Your Company Account may involve deletion of Your User Content from Company databases. Company will not have any liability whatsoever to You for any termination of Your account or these Terms of Use, including for termination of Your Company Account or deletion of Your User Content.

SECTION 9. Intellectual Property Policy. 

 

9.1 Violation of Intellectual Property Policy. Company will terminate the accounts of users who infringe intellectual property. See our Intellectual Property Policy.

SECTION 10. General.

 

10.1 Changes to Terms of Use. Company reserves the right to modify, amend, change, or revise these Terms of Use at any time and for any reason whatsoever. You should periodically review the most current Terms of Use at http://www.embodi3d.com/terms/.  You hereby agree to be bound by any and all modifications or revisions to these Terms of Use.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.  

 

10.2 Governing Law and Venue. These Terms of Use shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms of Use or the Site or Services (a “Claim”) must be brought in a federal or state court located in King County, Washington and You irrevocably submit to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. Company further reserves the right to seek attorney’s fees, costs and damages in any proceeding.

 

10.3 Entire Agreement. These Terms of Use constitute the entire agreement between You and Company regarding the use of Company’s Site and Services. Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor and neither party is an agent or partner of the other. These Terms of Use and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing shall be null and void. These Terms of Use shall be binding upon Your assignees.

 

10.4 Copyright/Trademark Information. Copyright © 2014-5, Embodi3D LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are Company property or the property of other third parties. You are not permitted to use these Marks without prior written consent of the owner of such Marks.

 

10.5 Contact Information: If You have any questions about these Terms of Use, please contact Company at info@embodi3d.com.

Last updated October 18, 2015