Share3D Terms of Service
Last Modified: August 26, 2013
These terms of service (the “Terms”) govern your access to and use of the Share3D websites and services (the “Services”), so please read them carefully before using the Services. The Services are provided by QuadriSpace Corporation (“we” or “our”). By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and promise that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with QuadriSpace Corporation according to these Terms and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice or liability to you. We may also remove any content from our Services at our discretion.
Your Content & Your Privacy
By using our Services, you may provide us with information, files, and data that you submit to Share3D (together, “Content”). You retain full ownership of your Content. We do not claim any ownership to any of it. These Terms do not grant us any rights to your Content or intellectual property, except for the limited rights that are needed to provide the Services, as explained below. When you use the commenting system portion of the Service, a screenshot of the 3D scene being viewed will automatically be uploaded to the Service. To the extent you have ownership rights in these screenshots, they will be considered your Content.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. It is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but we have no obligation to monitor any content associated with the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you access using the Services.
Sharing Your Content
The Services provide features that allow you to share your Content with others or to make it public. There are many things that other users may do with your Content (for example, copy it, modify it, re-share it). Please consider carefully what Content you choose to share or make public. We have no responsibility for the activity of others.
Files and other content available via the Services may be protected by intellectual property rights of others. You may not copy, upload, download, or share files unless you have the right to do so. You, not us, will be fully responsible and liable for the files you copy, share, upload, download or otherwise access while using the Services. You may not upload spyware or any other malicious software to the Service.
You, and not us, are responsible for maintaining and protecting all of your Content uploaded to the Service. We will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by those under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. It is your responsibility to use a secure encrypted connection to communicate with the Services if you wish to protect your transmission of Content to Share3D.
Certain Share3D accounts may include the ability for multiple users to access Content of a single account. In these accounts, one or more users will be designated as administrators of the account with special administrative privileges (“Administrator”). All other users with access to the account will be considered “members” with more limited privileges.
When joining a multiple-user account, you may join with a new account, or associate an existing personal account with the multiple-user account. Once your personal account becomes associated with a multiple-user account, your account will be subject to an Administrator’s control. Once associated, you may not be able to disassociate your account from the multiple-user account.
You must use the Services in compliance with any employment obligations and the Administrator’s terms and policies. Your account Administrator may have the ability to access, disclose, restrict, or remove information associated with your account. Administrators may also have the ability to monitor, restrict, or terminate access your account.
You may use the Services to view and comment on 3D files and other content shared with your account for free. In some cases, free accounts may allow you to upload a limited quantity of 3D files for trial purposes. We reserve the right to terminate free accounts at any time, with or without notice. If a free account is inactive for ninety (90) days, then our practice is to delete the Content associated with that account without providing additional notice.
By converting to a paid account, you can increase your account storage space, number of end users, number of shared users, number of 3D uploads and other features above the amounts available with a free account.
We will automatically charge your credit card monthly or yearly for your paid account, depending upon which option you select. If any fee is not paid in a timely manner, or we are unable to process your payment using the credit card information provided, we may revoke access to your Share3D account and Content and provide notice of overdue balance to the email address associated with the paid account. If you do not bring your Share3D balance current within five (5) days after we provide notification that your account is in arrears, we may delete your Share3D account and Content, or convert your paid account to a free account.
The fees for your paid account will be billed from the date you create, or convert to, a paid account and on each monthly or yearly anniversary thereafter (or the next business day), unless and until you cancel your paid account. You may click on the link to your “Account” page to see the commencement date for your next renewal period. We will automatically bill your credit card each month or year on the calendar day corresponding to the next commencement date. The amount billed each month or year may vary amounts due to promotional offers, changes in your account, or changes in the amount of applicable sales tax. You authorize us to charge your credit card for such varying amounts. We may also periodically preauthorize your credit card in anticipation of billing account or related charges. All fees and charges are nonrefundable, and there are no refunds or credits for partially used billing periods.
If you upgrade your paid account with additional features or users, you will be automatically billed for the upgraded tier of service on a pro-rata basis based on your current billing period. The commencement date for your next renewal period will not change but will be billed at the upgraded tier price.
If you downgrade your paid account or remove paid users, your account will be credited on a pro-rata basis. Any credit will be applied to subsequent renewal invoices. All fees and charges are nonrefundable, and there are no refunds or credits for partially used billing periods.
We may change the fees and charges for the Service, or add new fees and charges, from time to time. We will attempt to give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, it is your responsibility to update your payment information by accessing the “Account” page on the Site.
Canceling Your Account
Your paid account will continue in effect unless and until you cancel your paid account or we terminate it. If you wish to cancel your paid account, you may do so via the “Account” page on the Site. You may cancel your paid account at anytime, and cancellation will be effective immediately. You must cancel your paid account before it renews each month or year in order to avoid the billing of the next month’s or year’s fees to your credit card. If you cancel your Paid Account, you will not be issued a refund for any previously charged fees.
Software and Updates
Certain uses of our Service require you to download a client-side software package (“Software”). We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. The Services may update the Software on your device automatically when a new version is available.
Application Program Interface
You may access your Share3D account data via an Application Program Interface (API). We may modify or discontinue, temporarily or permanently, API access for all users with or without notice. Abuse or excessively frequent requests to the API may result in the temporary or permanent suspension of your right to access to the API, as determined by us in our sole discretion. When practical, we will a make a reasonable attempt via email to warn you prior to such suspension.
Share3D Property and Feedback
These Terms do not grant you any ownership right, title, or interest in the Services or Software. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Share3D trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not misuse the Services, and will use the Services only in a manner consistent with the Share3D Acceptable Use Policy.
We will respond to notices of alleged copyright infringement if such notices comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. If you believe that your work has been uploaded to the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
705 North Greenville, Suite 800
Allen, Texas 75002
The Services may contain links to third-party websites or resources. We do not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply.
Though we would much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or using the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we have no obligation to store or help you retrieve Content.
Share3D is Available “AS-IS”
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUADRISPACE CORPORATION, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT QUADRISPACE CORPORATION HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO QUADRISPACE CORPORATION FOR THE PAST THREE MONTHS OF THE SERVICE.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify account holders by sending an email to the email address associated with their accounts. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY TEXAS LAW, EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DALLAS COUNTY, TEXAS, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and us with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. We and you are not legal partners or agents of each another.