GENERAL OF USE applicable to all use of the 3DCLICK Platform and Website
Version May 2019
Article 1. Definitions
In these General Terms and Conditions the following definitions apply:
Applicable Law: All relevant European, national and regional laws, rules and regulations including but not limited to intellectual property law, privacy and personal data collection.
Catalogue(s): Visual (group of) libraries with a more or less structured databases containing 3D mockups and technical information about each 3D mockup, provided by Registered Users with a License to create and share Catalogue(s).
Content: All information uploaded by any User including information included in the presentations and in the 3D models and Catalogues configured with the Software, including the Mock-ups, 3D models, graphics, photographs, videos, drawings, texts, conferences, multimedia contents, and any other scientific, artistic, or literary works and presentations, data, images, commercial brands, trade marks, and any other items such as comments and contributions.
License Agreement or Plan: The agreement between a Registered User and 3DCLICK that stipulates and determines the plan that a Registered User has subscribed to and the conditions and details of this plan.
Platform: The 3DCLICK user interface that is accessible by Users and that allows for collaborative use of the Software.
Passive User: Any natural or legal person that has been invited by a Registered User to access the Platform and view whatever Content the Registered User has invited this Passive User to. Passive Users have no License but are bound by these 3DCLICK Terms of Use.
Registered User: Any natural or legal person that has registered with the Platform and is a licensee to a License Agreement or Plan.
Software: The programme with the specific information, designs, components and features as described in the applicable License, as provided by 3DCLICK to the User under the conditions as described in the Terms and Conditions and the License Agreement.
Terms of Use: These terms of use.
User: A Registered User or a Passive User.
Website: www.3dclick.com
3DCLICK: Brandname and trademark of 3D Interactive Solutions S.L
3D Interactive Solutions: 3D Interactive Solutions, S.L., (Registro Mercantil de Pontevedra/ Hoja PO-61850 Tomo 4191 Libro 4191 Folio 176 Inscripción 6a), the company that owns the Platform and Software 3DCLICK and that enters into License Agreement with a Registered User.
Article 2. Applicability
- These Terms of Use are applicable to all use of the Website.
- General (purchasing) conditions of a User do not apply.
- 3DCLICK has the sole right to unilaterally amend these Terms of Use at all times. Any amendment of these Terms of Use shall be automatically applicable as from the moment it is published on the Website or Platform and this shall void any previous versions, and as such any User is under a duty to read them each time they access and use the Website or Platform.
- If one of multiple provisions in these Terms of Use are declared void through judicial intervention, the remaining provisions will remain in full force.
- These Terms of Use shall remain in full force in the event that 3DCLICK fully or partially changes name, legal form or owner. 3DCLICK shall, at all times, be entitled to transfer its rights and obligations under this Terms of Use to a subsidiary, affiliate or group company.
- The User explicitly declares to have read these Terms of Use prior to the use of the Website and/or the Platform. The User also explicitly declares to have read the contents of these Terms of Use and to agree with all its conditions and provisions.
Article 3. Restrictions of use - The User is prohibited from engaging in the following activities:
a. Any action to exploit the Website, Platform or Software or the materials, its contents (whether graphic, visual, audiovisual, written, multimedia, or in any other form) or content that is not expressly permitted in these Terms of Use or Applicable Law;
b. Any modification, whether in whole or in part, of the Content, contents, programs, or services offered at the Website, Platform or Software beyond those situations and provisions expressly envisaged in these Terms of Use;
c. The sale of access to the Platform and/or the promotion of the Platform by any means for the purpose of profit;
d. The sale of any kind of contents, Content or services by way of advertising, sponsorship, or promotional activities, or any other action of a commercial nature, whether direct or indirect, carried out through the Website or Platform;
e. Interacting on the Platform by way of any automatic-access system (such as harvesting, bots, robots, spiders, or scrapers).
- Any User represents and warrants to have given true information when registering with the Platform.
Article 4. Intellectual property of 3DCLICK
- 3DCLICK reserves all intellectual and industrial property rights over the Website, Platform and Software, the design, the images and descriptive information of the images, all content, any multimedia components, as well as the distinctive corporate signs associated with the Website, Platform and Software. 3DCLICK is the exclusive owner of the exploitation, or where appropriate, has the relevant authorities, over the data, programs, procedures, illustrations, photographs, texts, multimedia content, design and distinctive signs in or associated with the Website, Platform and Software.
- A Licence Agreement does not grant the right to change or eliminate information of property, brands, copyright notices or any other brand notices on the Software or in the information of the Software or in the Platform or on the Website.
Article 5. Intellectual property of a Registered User
- A User does not, by the fact of publishing Content on the Platform, assign any of their rights to any other User.
- The use of a model or Content by a User, or the invitation or viewing of a model or Content by a Passive User that is invited to the Platform, may be subject to further terms and conditions of a Registered User. Other than providing the Platform, 3DCLICK does not play any role in this and 3DCLICK cannot be held responsible or liable for any damages resulting from an arrangement between Users that has been breached.
Article 6. Publication of presentations and comments
- Public communication of digital contents made available by a User on the Platform shall be in strict compliance with these Terms of Use and Applicable Law. Any User is solely responsible for its communication on the Platform. A Registered User may not, under any circumstances, when communicating on the Platform, posting presentations or contributing or Content:
a. Publish, advertise, distribute, or disseminate material or information that is harmful, defamatory, unlawful, obscene, or illicit, or Content that incites or excuses the use of violence, weapons, racial or religious hatred or segregation;
b. Use the Platform or Software for the purpose of carrying out any 3D presentation of weapons, or which alludes to, refers to, contains, or entails the direct or indirect use of any kind of weapons;
c. Use the Platform to threaten, bully, or in any way infringe the legitimate rights and interests of third parties (including but not limited to the rights to honour, privacy and one’s own image);
d. Intercept or attempt to intercept e-mail;
e. Upload files containing viruses or fraudulent data;
f. Remove any authorship notice, legal warnings, or designations of ownership or distinctive signs;
g. Generate or use Content for any other purpose than the creation of mock-ups, presentations, models, etcetera, including, without limitation, any purpose which is outside of the Software’s range of use.
- Any User is solely responsible for placing and using Content for the legal consequences that the reproduction and public communication of the said Content may have. As such, a User is required, for example, inter alia, obtain the necessary third party approval for using their content, cite the source of quoted content correctly, etcetera. Any User, when placing Content, represents and warrants that it is in possession of the licences, rights, consent, and permits necessary in order to make public such Content, and that such Content does not infringe any Applicable Law, or any kind of commercial secret, patent, trade marks, or any other third-party rights, and that the User is authorized to proceed directly to the reproduction and public communication (including interactive public communication via the internet) of such Content. Any User must, at the first request of 3DCLICK, be able to immediately provide 3DCLICK with proof of the relevant licences or documents concerning the authorization and/or assignment of rights as stipulated in this section.
- A User accepts that where anyone files a claim against 3DCLICK in connection with or in relation to Content uploaded or published by a User, the said User shall be liable for all damages, and indemnify and hold harmless 3DCLICK in respect of any losses, harm, or expenses of any kind (including all reasonable lawyers’ costs and fees) that may arise as a result of the said claim.
- In the event that 3DCLICK concludes, in its sole discretion, that any User has placed presentations, comments or contributions to the Platform that are not in accordance with these Terms of Use and/or Applicable Law, for example in the event that the use of said Content has not been authorized or a comment is inappropriate 3DCLICK reserves the right to block the User’s account and/or delete or modify the Content of this User.
Article 7.Limitation of Liability
- A User that infringes any provision of these Terms of Use, including a breach of any representation or warranty as defined in Article 6, shall fully indemnify and hold harmless 3DCLICK for any damages incurred (including reasonable attorney fees), including for any damages resulting from a claim that a third party has brought against 3DCLICK.
- 3DCLICK shall implement the pertinent technological measures to ensure the proper functioning of the Platform. However, 3DCLICK expressly declines any liability, and this is expressly accepted by the User, for any possible losses of any kind that may derive from the following, including but not limited to: the lack of availability or interruption to the functioning of the Platform, as well as the loss of data and Contents belonging to a User caused by technical errors, faults in the server and/or attacks by hackers, or from typographical errors or inaccuracies, or any errors or omissions in the contents or in the transfer of viruses, programs, or files sourced from third parties.
- Use of the Website and Platform is at the own risk of the User. Any User accepts that it is solely responsible for any possible harm or data losses that may arise on the User’s computer system as a result of the programs installed on their computer and the server they use.
- The Website and Platform may contain links or hyperlinks that allow access to websites or portals belonging to and/or administered by third parties, which are not owned by 3DCLICK and over which it has no control. Therefore, 3DCLICK does not have and does not accept any responsibility, whether directly or vicariously, for the said websites or portals. In the event that a User decides to visit the said websites or portals, the User does so at its own and exclusive risk and responsibility. A User is therefore solely responsible for compliance with possible legal conditions and the privacy policies of the third-party websites or portals which they access from Website or Platform, and releases 3DCLICK from any liability for losses of any kind that may derive from the use of third party websites or portals.
Article 8. General Provisions
- The use of the Website, Platform and the Software, as well as these Terms of Use are subject to Dutch law. In the event that Dutch law cannot be applied, the same shall be subject to Spanish law.
- Any dispute arising out of or relating to the use of the Website or Platform and the Terms of Use will be subject to the jurisdiction of competent courts in the district where 3DCLICK is located, or the competent courts in Amsterdam, The Netherlands. In the event that Spanish law applies following Section 2 of this Article, the same will be subject to the jurisdiction of competent courts in Barcelona, Spain.
