General service conditions

These Terms of Use were last modified in October 2017

 

This page states the terms and conditions (hereinafter “Terms of Use”) governing Your use of the 3DS Website http://www.homebyme.com and its home.by.me derivatives (or any other address which could be substituted for it) through which the Service is made available to You (hereinafter “3DS Website”).

Please read these Terms of Use carefully. These Terms of Use may be updated and amended from time to time. Please check the Terms of Use published on the 3DS Website regularly to ensure that You are aware of all terms governing it, as You will be bound by the Terms of Use in force at the time You use the 3DS Website.

In addition, when You use any current or future paying service on this 3DS Website, You will also be subject to the applicable Additional Terms.

 

1- ACCEPTANCE OF TERMS OF USE

Welcome to 3DS Website, a service provided by Dassault Systèmes (hereinafter “3DS”), a French “société européenne”, registered under the number 322 306 440 RCS Versailles, with its principal place of business at 10 rue Marcel Dassault – CS 40501 – 78946 Cedex – Vélizy Villacoublay, France (hereinafter “We”, “Our”, “Us”).

By using the 3DS Website, by providing Us information, by using the Service offered by the 3DS Website, You signify that You agree to be bound by these Terms of Use. These Terms of Use govern the relationship between 3DS and You and prevail over any other document. In the event that the Additional Terms are to apply to the use of the Service, the Additional Terms will prevail over the Terms of Use in the event of a conflict or discrepancy.

If You do not accept these Terms of Use, You agree not to use and proceed with the navigation of the 3DS Website, not to proceed with the Service, including the subscription process (where necessary), and immediately cease all access to and usage of the Service.

 

2- DEFINITIONS

“Terms of Use” means these terms and conditions and any of their subsequent modifications and updates. The term “Terms of Use” includes by reference, as applicable, the additional terms that are more specifically applicable to the Fee-Based Service to which You may subscribe via the Service and to their subsequent modifications and updates (hereinafter “Additional Terms”).

“Content” means the content, template, image, plan, document, and other elements You create , You upload or download via the Service at Your own initiative (for example: Your project’s 2D plan or 3D mock up), as well as any publication and/or blog You write and any comment, observation, suggestion, remarks and/or message You post via the Service, to the exclusion of all other content, in particular those elements belonging to 3DS, and for which You benefit from a user license in accordance with these Terms of Use.

“Element” means any other element besides the Content, and particularly those elements consisting of the Service or which are accessible and/or made available by 3DS via the Service and/or 3DS Website, such as, but not limited to, editorial content, data, information, texts, files, models (2D or 3D), images whether animated or not, photographs, videos, sounds, logos, designs, brands, software (including the Service), as well as all content created by 3DS upon Your request, or otherwise generated via the Service upon Your request (such as HD renderings, 360° 3D mock up, immersive views, panoramic images etc.).

“Software” means the set of programs serving as a data application with the meaning of article L. 112-2-13° of the French Intellectual Property Code, and enabling the Service to operate. The Software belongs to 3DS or its suppliers.

“Service” means the online service “Homebyme” provided by 3DS in particular via the Software accessed and used on the 3DS Website. The Service consists in a 3D floor plan layout and project management User service and other value-added features which allows You to conceive, model, and rearrange the interior and exterior spaces of Your choice in two or three dimensions. It includes basic features and additional options which can be chosen by You. The Service’s basic features are free for non-professional, consumer use (the “Free Service”), and fee-based for professional use (the “Fee-Based Service.”)

“User”, “You” or “Your” is used to designate the natural or legal person, consumer or professional, who accepts these Terms of Use, subscribes to the Service, and is thus authorized by 3DS to access and use it in accordance with these Terms of Use.

Defined terms can be used in a singular or plural form.

 

3- ACCESS TO THE SERVICE

The purpose of these Terms of Use is to define the conditions according to which (i) 3DS accepts to grant You the right to access and use the 3DS Website and the Service and (ii) You are authorized to use such 3DS Website and the Service for personal and noncommercial purposes and for Your own personal needs (unless expressly stipulated to the contrary in the Additional Conditions).

Access and use of the 3DS Website and Service requires an Internet connection. The necessary configuration for access to and usage of the 3DS Website and Service are under Your exclusive technical and financial responsibility. This configuration and access may involve the payment of fees and subscriptions, for example those related to an Internet network connection and the services provided in this respect by Internet service providers. You must also provide, and are responsible for, the necessary equipment for accessing the 3DS Website and Service.

3DS will not be responsible in the event of difficulties related to access in connection with Your configuration.

 

4- REGISTRATION – PASSWORD – SECURITY

Access to certain features offered by the Service (such as project saving, access to fee-based options, adding comments, etc.) and their usage requires Your prior identification with 3DS, which involves registration.

Service subscription is only authorized by legal and natural persons possessing the capacity to perform legal acts according to the applicable law in their country of residence.

In consideration of Your registration to the 3DS Website and the Services, You represent that (i) You are at least 18 years of age or if You are between 13 and 18, You use the 3DS Website and/or any Service only with the involvement of a parent or a guardian, (ii)You have the legal right to accept these Terms of Use, including the right to do so on behalf of Your organization if You use the Service for professional purposes, and (iii) You are not barred from receiving products and services under the laws of any applicable jurisdiction. Parents and guardians are jointly and severally liable for all acts (including purchases and payments for Services) and omissions of their children aged under 18 years when using 3DS Website and/or any Service.

To subscribe, You must convey complete, up-to-date, accurate, and truthful information at the time of subscription, and commit to subsequently correct it if it proves to be obsolete or no longer current. In the event of failure to comply with this obligation, 3DS reserves the right to suspend and/or close Your account, and to refuse the User all access to the Service.

You must also provide an available username, an email address (or telephone number where required), as well as a password associated with the username, which will allow You to authenticate Your identity and gain access to the Service and Your User account. You must also communicate Your country of residence. You agree not to register with a username infringing upon the rights of a third party. In particular, You agree not to use a username infringing upon copyright, trademark rights, trade names, commercial names, and/or third-party logos.

Your username and password are strictly personal, You agree to keep them confidential: You are fully responsible for maintaining the confidentiality of Your password. You are the only one authorized to use the Service with Your username and password, and You agree not to enable any other person access using Your identity or username.

The use of Your username and password presumes that You access and use the Service. Assuming You are aware a third party has gained access to Your User account, You agree to immediately modify Your password and inform 3DS without delay by e-mail at info@homebyme.com .

DS Privacy Policy is available at: https://home.by.me/en/privacy-policy/.

 

5- SERVICE DESCRIPTION – BASIC FEATURES AND ADDITIONAL SERVICE OPTIONS

The basic features of the Service allow You, in particular, to:

  1. easily conceive and model interior and exterior spaces in 2D or 3D in order to have a better visualization of Your floor plan projects;
  2. rearrange, furnish, and decorate these 3D spaces with the elements of Your choice, which will be available via the Service by way of an extensive catalog of furniture and decorative objects, certain of which are marketed by 3DS’s partners;
  3. configure the dimensions and materials of generic objects,
  4. generate spatial as well as rearranged, furnished, and decorated plans and mock ups;
  5. publish Your Contents, making them available online to other Users, and, more generally, to all Internet users. Certain Contents will be published automatically, unless You choose not to have Your Content made public (with this fee-based option, You may limit the people who can see Your Contents, for example);
  6. share them, in particular with Your friends via social networks such as Facebook or with external experts, professionals and brands who you might interact with on your project, etc.;
  7. post comments/questions on Your Contents or on other Users’ Contents published online by the Service;
  8. put together a publication relating to Your project’s Web page, make a rendering available to Internet users, and
  9. manage Your floor plan projects over the long term.

 

The basic features are available to consumer Users for free (and are a part of the free Service). The basic features are fee-based for professional Users (and thus a part of the Fee-Based Service).

The Service also includes certain additional options allowing You, in particular, to:

  1. design more than a limited number of projects;
  2. create HD renderings and other deliverables, if required;
  3. benefit from additional suggestions, extra editorial content, tools, value-added and social functionality services, and other fee-based options; and
  4. any other additional option 3DS subsequently decides to offer its Users.

 

These options are fee-based for all Users. The consumer User is free to choose whether to subscribe to them or not. For professional Users, certain additional options are incorporated in the Fee-Based Service offered by 3DS.

It is Your responsibility to decide whether the Service is adapted to Your needs depending on Your own specificities and characteristics, of which 3DS is unaware.

You are explicitly informed that the Service, as long as it is free, may include limits of use, and that some of the Service’s options are fee-based. In this case, You must subscribe to these fee-based options and accept the applicable Additional Terms before being able to access them.

The Service is designed to enable You to save Your Contents and/or Elements, which are consequently accessible via the Service on the 3DS Website, once You are logged into Your User account. The Service is also designed to enable You to back up certain Contents and/or Elements on an external device. Among the Contents and Elements, however, only static (2D or 3D) images can be backed up on external devices, to the exclusion of all other Contents or Elements (360° view, immersive view, etc.).

It is Your responsibility to take the necessary measures to back up Your Contents and Elements when this possibility is offered to You. If You do not back up the aforementioned Contents and Elements, they will automatically be deleted in the event of the dissolution of these Terms of Use or the closing of Your User account.

 

6- THE PUBLICATION OF CONTENT – CONTENT INTELLECTUAL PROPERTY

You understand that any Content You may post on the 3DS Website is of Your sole and unique responsibility. This means that only You, and not 3DS, are responsible for all Content that You may upload, post, license, sublicense, display or otherwise make available via the Service or the 3DS Website. We do not control the Content posted via the 3DS Website or Service and, as such, may not guarantee the accuracy, integrity or quality of such Content or that it does not violate any laws or rights of others.

The backup of Your Content via Your account will lead to its automatic publication via the Service. This Content will be associated with Your username and country of residence. In some cases, 3DS may allow You not to publish Your Content (for example: a subscription to the Fee-Based Service for professional Users, or the additional option for consumer and/or professional Users, if applicable).

You remain the owner of the intellectual property rights related to Your Content. The publication of Content via the Service in no way leads to a transfer of intellectual property rights benefiting 3DS or a third party, unless otherwise stipulated by these Terms of Use.

By publishing the Content via the Service and authorizing the publication of Content by 3DS via the Service, You grant:

(i) 3DS a worldwide free, non-exclusive, assignable, transferable, sub-licensable license for the duration of protection of the intellectual property rights, to use, modify, adapt, publish, distribute, reproduce, represent, and display the Contents via the Service, on all media and/or via all networks, by all presently known and/or unknown means, in every format, for advertising purposes, for promoting the Website and/or Service, and for marketing and/or public relations purposes. The media include, in particular, the 3DS Website as well as any other Internet site or mobile application, via all types of devices (tablet, smartphone, computer, PC, television, etc.), on any paper media, photograph, slide, microfilm, or plastic film, with any mechanical, magnetic, cinematic, optical, or digital media, any disk, DVD, CD, CDI, CD-ROM, WORM disk, and in particular, all other computerized, electronic, and network formats (Internet, intranet, and extranet);

(ii) all Users and Internet users visiting the 3DS Website and/or accessing the Service a worldwide free, non-exclusive, non-transferable and non-sublicensable, license for the duration of the intellectual property rights, to use, reproduce, represent, and display the Content on the 3DS Website, on all other media and via all networks, by all presently known and unknown means, in every format, within the framework of a strictly personal and noncommercial usage.

You are and remain solely responsible for the Content published or circulated via the Service, and for its compliance with the applicable laws and regulations.

As such, You provide 3DS a first-demand guarantee against any recourse or action that could arise upon the exercise of the rights granted to 3DS and/or the Users by these Conditions, and any person who considers they have any of the rights to enforce all or part of the Content and/or its use by 3DS and/or the other Users.

 

7- LINKS TO THIRD PARTY WEBSITES

We have no control over any of the third party Websites to which the 3DSWebsite has links nor do We contribute in any manner to these third party Websites and We assume no responsibility for the contents of any third party Websites to which the 3DS Website has links.

These links are provided solely as convenience to You. If You use these links, You will leave the 3DS Website. We exclude all liability arising therefrom and do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be used by using them. If You decide to access any third party Websites linked to the 3DS Website, You do so entirely at Your own risk.

 

8- LINKING TO THE 3DS WEBSITE

You may link to the 3DS Website if You do not replicate the home page of the 3DS Website and subject to the following conditions:

  • You requested and obtained Our prior written approval
  • You do not remove, distort or otherwise alter the size or appearance of Our logos;
  • You do not create a frame or any browser or border environment around the 3DS Website
  • You do not in any way imply We are endorsing any products or services other that Our own products and services
  • You do not misrepresent Your relationship with Us nor present any other false information about Us;
  • You do not otherwise use any of Our trademarks displayed on the 3DS Website without Our prior express written permission
  • Your Website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

 

We expressly reserve the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us or any of Our group companies for breach of this clause.

 

9- YOUR CONDUCT WHEN USING THE 3DS WEBSITE AND THE SERVICE

You acknowledge that You will not:

  • Upload, reproduce, post, display, license, sublicense or otherwise make available any content that is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;
  • Harm minors in any way;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Service or the 3DS Website;
  • Upload, reproduce, post, display, license, sublicense or otherwise make available any content that (i) You do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • To interfere with or disrupt the 3DS Website, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Modify, adapt or hack the 3DS Website or modify another website so as to falsely imply that it is associated with the 3DS Website;
  • Use any elements available on the 3DS Website (including, without limitation, textures files) except if specifically authorized on the 3DS Website or through a separate license;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
  • Stalk or otherwise harass another;
  • Create, send or submit unwanted email to any other user of the 3DS Website or Services;
  • Collect or store personal data about other users of the 3DS Website or Services where relevant in connection with the prohibited conduct and activities set forth above; and/or
  • Violate in any manner any applicable laws.

Do not insert hyperlinks in the content You post linking to Your or third party sites or content which You have not checked to ensure they comply with the abovementioned guidelines or which may violate the Terms of Use.

 

You acknowledge, consent and agree that We may, without prior notice or compensation, (i) remove any content that violates the Terms of Use and that (ii) access, preserve and disclose your account information, if any, and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • Comply with legal obligations;
  • Enforce the Terms of Use;
  • Respond to claims that any content violates the rights of third parties; or
  • Protect the rights, property or personal safety of any person.

 

10- LIMITED LICENSE TO ACCESS AND USE THE 3DS WEBSITE – PROPRIETARY RIGHTS

The Service (in which the Software is included), 3DS Website, and each of the Elements, data, Website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, the Services and the trademarks, trade names, trade dress, service marks and logos contained therein are licensed to 3DS or are the sole property of 3DS or its licensors and contain proprietary and confidential information. Each of the abovementioned elements is protected by French and International legislation relating to intellectual property rights (in particular, copyright and trademark rights).

Subject to compliance with the stipulations of these Terms of Use, in particular the limitations provided by this article, You are only authorized to access and use the Service and Elements for personal and noncommercial purposes and Your own personal needs (unless otherwise stipulated by the Additional Terms).

The right to access and use granted is limited, non-exclusive, non-transferable, and non-sublicensable, and only allows You to display all or part of the Elements and/or Service in the framework of this access and use, for the duration of such use or the duration for which You have paid the subscription to the Service.

In addition, You are authorized to download, reproduce, and represent all or part of certain Elements made specifically by 3DS for You.

Consequently, 3DS grants You a free, non-exclusive, non-assignable, non-transferable, non-sublicensable, worldwide license on such authorized Elements in order to use Your Content for Your own need:

  • via the Service and for the entire duration of the subscription to the Service, when You are not able to back up the Elements on an external device;
  • on all media and/or via all networks and for the entire duration of the intellectual property rights, when You are able to back up the Elements on an external device.

 

All other usage is consequently explicitly reserved. In particular, You are forbidden, except within the limits authorized by applicable law, to:

  • access and/or reproduce and/or represent and/or use all or part of any of the Elements and/or Service in any other way and/or for any other purpose than those explicitly provided by these Terms of Use;
  • to disassemble, decompile, perform reverse engineering on all or part of any of the Elements and/or Service incorporating software or attempt to discover in any manner its source code. The Service may not be used with other software or another application, and 3DS will not provide You with the information required to operate the software application accessible via the Service with other, independently-created software;
  • adapt, translate, modify, or create products or works derived from all or part of any of the Elements and/or Service;
  • circulate and/or represent and/or publish all or part of any of the Elements and/or Service;
  • rent, sell, lease, sublicense, commercialize, grant, or transfer all or any of his rights relating to all or part of any of the Elements and/or Service, or allow all or part of any of the Elements and/or Service to be copied;
  • perform an act prohibited by article 10 of these Terms of Use;
  • and more generally, to perform any act or behavior not explicitly permitted in the framework of these Terms of Use or susceptible to violate the intellectual property rights of 3DS;

 

You are thus informed that the right to use the Service is solely granted for the duration of such use of and/or subscription to the Service and in a way that is in strict compliance with the Terms of Use, and that consequently both will automatically cease with the dissolution of the Terms of Use and/or closing of the User’s account. The right of use of the Service and these Terms of Use does not confer You any proprietary right on all or part of any of the Elements and/or Service. All rights not explicitly granted by these Conditions are explicitly reserved by 3DS or third parties.

Each of the Elements and/or Service and any authorized copy of any of the Elements You made are and remain the exclusive intellectual property of 3DS and its licensors and suppliers.

The structure, organization, and code of the Service, Software, and/or 3DS Website constitute trade secrets and the valuable confidential information of 3DS and its licensors and suppliers.

You agree under these Conditions not to remove and/or delete the references relating to copyright and to any other proprietary right appearing on the Service, Software, 3DS Website, and/or Elements.

 

11- ABSENCE OF ASSISTANCE OR SUPPORT SERVICES

Unless otherwise stipulated by the Additional Terms, 3DS is not responsible for providing technical assistance, maintenance, or any other help in the use of the Service.

In any event, 3DS explicitly reserves the right to fix any error which might affect directly or indirectly the Service, the Software and/or the Elements.

When modifying 3DS Website and/or the Service, 3DS will make its reasonable effort not to impact Your Content.

 

12- COMMENTS AND SUGGESTIONS

You may send any suggestion or comment concerning the Service to 3DS by writing an e-mail to 3DS at info@homebyme.com, or by publishing a comment via the Service.

You explicitly recognize that none of the communications or publications made in this context is covered under any obligation of confidentiality, and consequently You authorize 3DS to freely reuse or not Your suggestions and comments without any compensation of any kind.

 

13- EXCLUSIONS AND LIMITATIONS OF LIABILITY

The 3DS Website, the Services and the data contained therein are provided “as is” and on an “as available” basis and without warranty, representation, condition or other term of any kind, either express or implied as to the operation of the 3DS Website or the information content, materials or products on the 3DS Website.

You consequently recognize that although the Service is designed to help You with the conception and rearranging of interior and exterior spaces, it is not a substitute for the designs, analyses, estimations, or tests carried out by specialized experts. You are responsible for determining how best to use the Service to obtain the desired results. 3DS, its licensors suppliers can in no way warrant the performance or results obtained by using the Service.

To the extent permitted by applicable law, We exclude all representations, warranties, conditions and other terms which might have effect in relation with the 3DS Website, including but not limited to:

  • The implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, use of reasonable care and skill or similar anywhere in the world,
  • As to non-infringement of any third party’s intellectual property rights of any content published or made available through the 3DS Website
  • As to the server(s) that make(s) the Service available being free of viruses or other disruptive code which may infect, harm or cause damage to Your computer equipment or any other property when You access, browse, download from or otherwise use the 3DS Website.
  • The non-execution of 3DS obligations attributable to unforeseeable circumstances or force majeure such as defined by the Civil Code and specified by jurisprudence or the following causes: strikes (whether previously announced or not), war (declared or not), riots, governmental action, acts of terrorism, acts of God (fire, flood, earthquake, etc.), or any electrical, utility or telecommunication outages.
  • Any drawbacks, obstacles, or damages inherent to the use of an Internet network, in particular service interruptions, external intrusions, or the presence of computer viruses, situations which will be regarded as force majeure.

We do not guarantee that the 3DS Website will be error free and do not accept liability for any errors or omissions. We shall use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after being notified of them. You expressly agree that Your use of the 3DS Website will be at Your sole risk.

Any advice or recommendation given by Us or Our employees or agents to You which is not confirmed off-line in writing by Us, is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed, to the extent permitted by applicable law.

To the extent permitted by applicable law, 3DS and any of Our group companies and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result in any manner to You or a third party in connection with the 3DS Website and/or the Service or in connection with the use, inability to use, or the results of the use of the 3DS Website and/or the Service, any third party Website linked to the 3DS Website, or the material on such Website, including without limitation any indirect, punitive or consequential loss or damages and any loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption, due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the 3DS Websites or Your downloading of any material from the 3DS Website or any third party Website linked to any of the 3DS Website and whether in tort (including without limitation negligence), contract or otherwise.

Nothing in these Terms of Use shall exclude or limit Our liability (i) for death or personal injury caused by Our negligence; (ii) for fraud; or (iii) for any liability which cannot be excluded or limited under applicable law.

If Your use of material on the 3DS Website results in the need for servicing, repair or correction of equipment, software or data, You assume all the costs thereof.

The User is responsible for Contents published via the Service and for damages 3DS or third parties may suffer as a result of his Contents or abusive use of the Service. In the event of a third-party claim against 3DS, You agree to defend 3DS at Your own cost, to release 3DS of all liability, and to reimburse 3DS any sums 3DS is required to pay as part of the said claim (including lawyers’ fees and expenses). 3DS will inform You in the event of any such claims.

 

14- SERVICE CANCELLATION AND TERMINATION

You may terminate Your use of the Service at any time and without notice by closing Your account;

If You close Your User account, You may subscribe to and use the Service again, but You may not recover the Contents, Elements, and other data previously loaded and generated via the Service.

3DS may close Your account, suspend Your ability to use certain portions of the 3DS Website and or the Service, and/or ban You altogether from the 3DS Website if You violate any of the provision of these Terms of Use.

In the event of non-compliance regarding any of Your obligations as defined by these Terms of Use, 3DS will send You a notification by e-mail summoning You to resolve this breach. If no action is taken within eight (8) days of the notification, or if You commit another breach during this period of time, 3DS reserves the right to immediately and legitimately terminate Your use of the 3DS Website and the Service by way of an e-mail notification to You, without prejudice to any other rights or recourse. You are informed that in the event of dissolution of these Terms of Use by 3DS, Your account will be closed.

Because of the closure of Your account, unless otherwise stipulated in the Additional Terms, You will no longer be able to access the Service as well as any Content stored and/or published via the Service, as well as the data entered in Your User account via the Service. It is thus Your responsibility to take the necessary measures to back up Your Contents locally before termination, when this option is available.

All assignments of rights to 3DS, warranty limitations, and liability limitations provided by these Terms of Use will remain in effect after the termination of Your use of the Service.

 

15- ELECTRONIC COMMUNICATIONS

When You visit the 3DS Website, use or buy Our Service or send emails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on the 3DS Website or, if your communication was operated originally from a social network, via such social network.

You agree that, to the extent permitted by applicable law computerized records, digital files, electronic communications conserved in 3DS’s computer systems, are considered evidence of the relationship and communication arising between 3DS and You in the context of the use of the Service.

These elements thus constitute evidence and, if they are produced as means of evidence by 3DS in any proceedings, will be admissible, valid, and opposable between the parties in the same way, in the same conditions, and with the same probative force as any document which may be established, received, or conserved in writing.

 

16- MODIFICATION OF THE 3DS WEBSITE AND THE SERVICES

We reserve the right at any time to modify or discontinue, temporarily or permanently, the 3DS Website and the Service (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

 

17- EXPORT RESTRICTIONS

You shall comply with all applicable countries’ export and re-export laws and regulations.

You shall not directly or indirectly export, re-export, transfer, provide or permit the transshipment of all or part of the Service, including the Software and/or technical data pertaining to it, the Content and/or the Elements made available to You through the 3DS Website i) to any country or recipient that is subject to sanctions or that requires an authorization, without first obtaining such authorization, and (ii) to any recipient that is involved in the proliferation of any nuclear, chemical or biological Weapons or missile delivery systems and (iii) to be diverted to any country, company or individual if prohibited by the applicable export laws of any country. You shall, at your sole cost and expense, obtain all permits, licenses and other consents necessary to the conduct of Your activities hereunder.

3DS shall have no liability to You if any necessary authorization, license or approval is not obtained.

 

18- APPLICABLE LAW AND COMPETENT JURISDICTION

The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the 3DS Website or the Service shall be brought before the exclusive jurisdiction of the competent courts of Paris. You acknowledge and agree that the sentence immediately above shall not prevent, restrict or otherwise limit in any manner, 3DS’s rights to seek equitable remedies, including injunctive relief before any competent court in any jurisdiction.

If You are a consumer who does not act for professional or commercial purposes, nothing in this paragraph shall deprive You of the right to bring or defend proceedings in Your home state. You may also be able to refer a dispute to the European Online Dispute Resolution (“ODR”) platform at http://ec.europa.eu/odr. The ODR platform is a Web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for You to use.

 

19- MISCELLANEOUS

You may benefit from additional rights according to mandatory laws of the country in which You have your habitual residence. We do not intend to limit these rights beyond what is applicable according these mandatory provisions.

If a stipulation of these Terms of Use should be considered invalid or declared as such under an applicable law or regulation or following a definitive ruling by a competent jurisdiction, the other stipulations will retain their full force and effect.

None of the parties may grant, transfer, or cede in any other way all or part of these Terms of Use, whether for reward or free of charge, without prior written permission from the other party. As an exception to the aforementioned, 3DS may freely grant, transfer, or cede in any other way all or part of these Terms of Use within the framework of a reorganization (this includes any merger, takeover, universal transmission of common property, sale, transfer or partial or total transfer of assets, and change in direct or indirect control).