SECTION 1. Accounts
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.
2.3 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.
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.
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.
3.6 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.
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
SECTION 8. Term and Termination.
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.
10.4 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.
Last updated October 18, 2015