Last updated February 16, 2016
The term 3DVIA is used to designate 3DVIA SAS, a DASSAULT SYSTEMS SE Group simplified joint stock company registered with the Versailles Commercial Register under the number B 322 306 440 having its registered offices at 10 rue Marcel Dassault, 78140 Vélizy-Villacoublay, France; VAT: FR 52 322 306 440.
The responsible editor is M. Bernard Charlès, acting as Chief Executive Officer of the corporation.
The provider of hosting services is: Agarik SA, having its registered office at 112 boulevard de Verdun – 92400 Courbevoie – France, telephone: +33 825 602 601.
The structure of the Site and each and any of its elements, whether or not copyrighted or otherwise protected by all applicable laws, remain the sole and exclusive property of Dassault Systèmes.
The term “General Conditions” is used to designate these General Service Conditions and any of their subsequent modifications and updates. The term “General Conditions” includes, where necessary, the Special Conditions that are more specifically applicable to the fee-based Service to which the User subscribes via the Service;
The term “Special Conditions” is used to designate the special conditions applicable to the Service where necessary, assuming the User subscribes to the fee-based Service, and to their subsequent modifications and updates. The Special Conditions, once accepted by the User, become an integral part of the General Conditions and are incorporated to them referentially;
The term “Content(s)” is strictly used to designate the content(s), template(s), image(s), plan(s), document(s), and other elements created by the User via the Service alone and at his own initiative, or uploaded or downloaded by the User via the Service alone and at his own initiative (for example: a User project’s 2D plan(s) or 3D template(s)), as well as any publications and/or blogs written by the User via the Service and the comments, observations, suggestions, remarks, and/or messages posted by the User via the Service; to the exclusion of all other content, in particular those elements belonging to 3DVIA, and for which the User benefits from a user license in accordance with these General Conditions;
The term Element(s) is used to designate any other element(s) besides the Content(s), and particularly those elements consisting of the Service or which are accessible and/or made available by 3DVIA via the Service and/or 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 3DVIA upon the request of the User, or otherwise generated via the Service upon the request of the User (such as HD renderings, 360° 3D templates, immersive views, etc.);
The term “Software” is used to designate the ensemble of programs serving as a data application in the sense of article L. 112-2-13° of the French Intellectual Property Code, and enabling the Service to function. The Software belongs to 3DVIA;
The term “Service” is used to designate the online service designated “Homebyme,” the property of 3DVIA. The Service is provided by 3DVIA, in particular via the Software which is accessible online on the Website, hosted by 3DVIA, and made available for the User in SaaS mode via the Website. The Service may also be provided to the User through 3DVIA’s partner websites with the prior consent of 3DVIA. The Service is an online, 3D floor plan layout and project management User service, and also features other value-added services. In particular, the Service allows the User to conceive, model, and rearrange the interior and exterior spaces of his choice in two or three dimensions. The Service is described in more detail in article 4 of these General Conditions. The Service includes basic features and ancillary options which can be chosen by the User. 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.”) The ancillary options are fee-based for all Users and included in the term “fee-based Service.” The term Service incorporates the free Service and fee-based Service equally;
The term “Website” is used to designate the Internet site found at http://www.homebyme.com and its home.by.me derivatives (or any other address which could be substituted for it), property of 3DVIA, through which the Service is made available to the User (in SaaS mode) within the framework of these General Conditions;
The term “User” is used to designate the natural or legal person, consumer or professional, who subscribes to the Service, accepts these General Conditions, and is thus authorized by 3DVIA to access the Service and use it in accordance with these General Conditions. Assuming the User is a legal person, the User guarantees that the natural person subscribing to the Service on behalf of the legal person is duly entitled to enter into commitments in the name of and on behalf of the legal person.
2. SUBJECT OF THE PRESENT GENERAL CONDITIONS
The purpose of these General Conditions is to define the conditions and modalities according to which (i) 3DVIA accepts to grant the User the right of access to and usage of the Service, and provide the Service to the User in accordance with these and (ii) the User is authorized to use the Service for personal and noncommercial purposes and for his own personal needs (unless expressly stipulated to the contrary in the Special Conditions).
In particular, the Service is accessible via the Website.
These General Conditions govern the relationship between 3DVIA and the User and prevail over any other document. In the event that the Special Conditions are to apply to the use of the Service, the Special Conditions will prevail over the General Conditions in the event of a conflict or contradiction.
The User agrees to respect the General Conditions once he accesses and/or uses the Service and/or uses the Software.
3. ACCESS TO THE SERVICE AND ACCEPTANCE OF THESE GENERAL CONDITIONS
Access to the Service is open to private individuals and professionals in the conditions provided herein. Accessing and using the Service is free, unless the User chooses to use certain fee-based features (ancillary options), as explained on the Website and in these General Conditions. However, access to the Service by professionals is always fee-based.
Access to and/or usage of the Service requires the prior acceptance of these General Conditions by the User.
In the event of access to the Service via the Website without registration, proceeding with the navigation of the Website will constitute unconditional acceptance of these General Conditions. In this case, the User recognizes that by proceeding with his navigation of the Website, he has explicitly and unconditionally accepted to be bound by every stipulation included in these General Conditions.
In the event of subscription to the Service via the Website (which requires the prior creation of an account), the User will be asked to check the box provided for this purpose at the time of registration, to express explicit and unconditional acceptance of these General Conditions. By checking the box provided, the User explicitly and unconditionally accepts to be bound by every stipulation included in these General Conditions.
If the User does not accept these General Conditions, he agrees not to proceed with the navigation of the Website, not to proceed with the Service subscription process (where necessary), and immediately cease all access to and usage of the Service.
3DVIA authorizes the User to use the Service solely in accordance with the stipulations of these General Conditions and strictly for personal and noncommercial purposes and his own personal needs, except in the case of a specific written agreement between the parties or a contrary stipulation in the Special Conditions.
Usage of the Service requires prior access to the Website (or to 3DVIA’s partner sites), as well as an Internet connection. The Service includes basic options and ancillary ones (which are always fee-based) chosen by the User, as described in greater detail herein.
Certain Elements may belong to third parties and in this case be subject to separate user conditions.
Access to the Website and Service and their usage requires an Internet connection. The necessary configuration for access to and usage of the Website and Service are the exclusive technical and financial responsibility of the User. 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. The User must also provide, and is responsible for, the necessary equipment for accessing the Website and Service.
3DVIA will not be responsible in the event of difficulties related to access in connection with the User’s configuration.
Access to certain features offered by the Service (such as project backup, access to fee-based options, adding comments, etc.) and their usage requires prior User identification with 3DVIA, 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, and in the case of minors, subject to the obtainment of prior permission by their legal representatives. The User subscribing to the Service on behalf of a legal person must guarantee that he is entitled to do so. The User who subscribes thus indicates he has the capacity to be bound legally or has obtained the permission of his legal representatives.
To subscribe, the User 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 User obligation, 3DVIA reserves the right to suspend and/or close the User account, and to refuse the User all access to the Service.
The User must also provide an available username (or telephone number), as well as a password associated with the username, which will allow him to authenticate his identity and gain access to the Service and his User account. The User must also communicate his country of residence. The User agrees not to register with a username infringing upon the rights of a third party. In particular, the User agrees not to use a username infringing upon copyright, trademark rights, trade names, commercial names, and/or third-party logos.
The User’s username and password are strictly personal and the User agrees to keep them confidential. The User is the only one authorized to use the Service with his username and password, and he agrees not to enable any other person access using his identity or username.
The use of the User’s username and password presumes an access to and a usage of the Service by this User. Assuming he is aware a third party has gained access to his User account, the User agrees to immediately modify his password and inform 3DVIA without delay by e-mail at firstname.lastname@example.org.
5. SERVICE DESCRIPTION – BASIC FEATURES AND ANCILLARY SERVICE OPTIONS
The basic features of the Service allow the user, in particular, to:
(i) easily conceive and model interior and exterior spaces in 2D or 3D in order to have a better visualisation of his floor plan projects;
(ii) rearrange, furnish, and decorate these 3D spaces with the elements of his 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 3DVIA’s partners;
(iii) configure the dimensions and materials of generic objects,
(iv) generate spatial as well as rearranged, furnished, and decorated plans and templates;
(v) publish his Contents, making them available to other Users, and, more generally, to all Internet users. Certain Contents will be published automatically, unless the User chooses not to have his Content made public (with this possibility, the User may only allow professionals with a subscription to see his Contents, for example);
(vi) share them, in particular with his friends via social networks such as Facebook or with external experts and professionals, etc.;
(vii) post comments/questions on his Contents or on other Users’ Contents published online by the Service;
(viii) put together a publication relating to his project’s web page, make a rendering available to Internet users, and
(ix) manage his 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 ancillary options allowing the User, in particular, to:
(i) design more than a limited number of projects;
(ii) create HD renderings and other deliverables, if required;
(iii) benefit from additional suggestions, extra editorial content, tools, value-added and social functionality services, and other fee-based options;
(iv) any other ancillary option 3DVIA subsequently decides to offer its Users.
These options are fee-based for all Users and part of the fee-based Service. The consumer User is free to choose whether to subscribe to them or not. For professional Users, however, certain ancillary options are incorporated in the subscriptions offered by 3DVIA.
The User must decide whether the Service is adapted to his needs depending on his own specificities and characteristics, of which 3DVIA is unaware.
The User is 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, the User must subscribe to these fee-based options and accept the applicable Special Conditions before being able to access them.
The Service is designed to enable the User to back up his Contents and/or Elements, which are consequently accessible via the Service on the Website, once he is logged into his User account. The Service is also designed to enable the User to back up certain Contents and/or Elements on an external device, as well as publish them automatically via the Service. 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.).
The User is thus informed that, by default, certain Contents and/or Elements are automatically accessible to all of the Users via the Service.
It is the User’s responsibility to take the necessary measures to back up his Contents and Elements when this possibility is offered to him. If the User does not back up the aforementioned Contents and Elements, they will automatically be deleted in the event of the dissolution of these General Conditions or the closing of the User’s account.
3DVIA reserves the right to suspend or interrupt the Service at any time for legitimate reasons (particularly for commercial reasons, testing, auditing, security, maintenance, updating servers, and malfunction or the risk of malfunction), to make any changes it considers necessary or useful for the Website and/or Service, and to delete or add certain features from or to the Service, and this, without being bound by any warranty, compensation, or any type of damage or interest with regard to the User (subject to the stipulations of the Special Conditions applicable at the time). The User is informed that it may not be possible for him to back up his Contents via the Service before such a suspension or interruption.
6. THE PUBLICATION OF CONTENT – CONTENT INTELLECTUAL PROPERTY
While using the Service, the User will be led to create Content which he may back up in his User account and eventually on an external device (if this option is offered by the Service).
The User is informed that the backup of Content via his User account will lead to its automatic publication via the Service, subject in this case to the acceptance of the applicable Special Conditions. This Content will be associated with his username and country of residence. In some cases, 3DVIA may allow the User not to publish his Content (for example: a subscription to the fee-based Service for professional Users, or the ancillary option for consumer and/or professional Users, if applicable).
The User thus explicitly authorizes 3DVIA, free of charge, to publish the aforementioned Contents via the Service (on the Website and/or 3DVIA’s partner Internet sites, particularly via an iframe), subject to the stipulations set out in article 6. The User may also publish his Contents on social networks such as Facebook, in which case the specific contractual conditions of the respective social network may apply.
The User conserves all Content proprietary rights. The publication of Content via the Service in no way leads to a transfer of intellectual property rights benefiting 3DVIA or a third party, unless otherwise stipulated by these General Conditions.
By publishing the Content via the Service and authorizing the publication of Content by 3DVIA via the Service, the User grants:
(i) 3DVIA a free, non-exclusive, assignable, transferable, sublicensable license valid worldwide and for the duration of the 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 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 Website and/or accessing the Service a free, non-exclusive and personal, non-transferable, non-sublicensable, and worldwide license for the duration of the intellectual property rights, to use, reproduce, and represent, and display the Content on the 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.
The User guarantees he is the sole worldwide proprietor for the duration of the rights granted to 3DVIA and to its Users of the totality of the rights required for the uses of his Contents provided by these Conditions, or to hold the rights required to grant the license described herein.
As such, the User provides 3DVIA a first-demand guarantee against any recourse or action that could arise upon the exercise of the rights granted to 3DVIA 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 3DVIA and/or the other Users.
Hence the User is and remains solely responsible for the Content published or circulated via the Service, and for its compliance with the applicable laws and regulations, with 3DVIA being in no way responsible for these Contents. In this respect, the User is informed that his Content is not verified or controlled prior to being put online by 3DVIA, whose intervention is limited to hosting this Content via the Service.
Consequently, 3DVIA does not guarantee the Content and is in no way responsible for it, subject to legal provisions which as host of the Contents apply to the company directly. 3DVIA thus reserves the right to delete any manifestly unlawful Content published via the Service upon written notification by a third party and requisition or decree by administrative or legal authorities, or in the framework of any of its legal obligations, without notice.
7. PROHIBITED USES OF THE SERVICE
The User agrees not to use the Service for the purpose of:
(a) publishing or circulating Content that is shocking, inappropriate, obscene, threatening, abusive, violent, vulgar, racist, offensive, slanderous, deceptive, aimed at harassing, threatening, or embarrassing others, pornographic or paedophilic in nature, constituting an apology for crimes against humanity, susceptible to inciting racial hate, violence or terrorism, infringing upon the human dignity or private lives of others, or illegal or contrary to current laws;
(b) circulating Content in violation of the intellectual property rights of all third parties;
(c) transmitting a computer virus, worm, Trojan horse, logic bomb, or any other file, program, or type of malicious or malevolent code aimed at damaging, interrupting, suspending, destroying and/or limiting the functionality of any computing or telecommunication device;
(d) indulging in any kind of commercial or advertising activity (in particular the transmission of unsolicited promotional messages, contests, lotteries, trading), or soliciting online payments or gifts via the Service. The User may however establish contact with 3DVIA’s partners via the Service, with it being clear that 3DVIA shall in no way intervene in the relationship between the User and its partner;
(e) referencing or granting access to sites which do not respect these General Conditions;
(f) accessing, using, or trying to use the account, username and/or password or another User, or passing for another User in any way whatsoever;
(g) usurping the identity of another person, User, or employee or representative of 3DVIA, insinuating that his declarations and comments are supported or approved by 3DVIA, and/or using the Service to send or transmit any Content which may cause damage to or denigrate 3DVIA in any way whatsoever;
(h) performing the following operations while accessing and using the Service: requesting, or in any way attempting to collect, obtain, or store personal information, passwords, account information, or any other type of information relating to other Users;
(i) concealing the origin of communications;
(j) using data mining tools, robots, or any other comparable tools for extracting or collecting data from the Website and/or Service;
(k) limiting, suspending, or preventing any person from using or accessing the Website and/or Service, or interrupting his access to the Website and/or Service, including, but not limited to, acting in any way whatsoever to interrupt User exchanges in real time;
(l) hindering the functioning of the Website and/or Service, servers, or network connections of the Website and/or Service;
(m) violating the requirements, procedures, policies, or regulations relating to the networks connected to the Website and/or Service;
(n) modifying, adapting, sublicensing, translating, selling, performing reverse engineering on, decompiling or disassembling any part of the Website and/or Service;
(o) attempting to access the Website and/or Service (or any part of either) without authorization;
(p) violating the rights of third parties or the current laws and regulations in any other way;
(q) using all or part of the Elements the User is entitled to use in accordance with these General Conditions in an illegal manner, as stipulated by article 7 herein.
8. SERVICE AND ELEMENTS PROPERTY
The Service (in which the Software is included), Website, and each of the Elements it consists of are the sole property of 3DVIA or its licensors. In particular, the Service (in which the Software is included), Website, and each of the Elements are 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 General Conditions, in particular the limitations provided by article 8 herein, the User is only authorized to access and use the Service for personal and noncommercial purposes and his own needs (unless otherwise stipulated by the Special Conditions). The right of access and use thus granted is limited, non-exclusive, non-transferable, and non-sublicensable, and only allows the User to display all or part of the Elements and/or Service in the framework of this access and use, for the entire duration of the use of or subscription to the Service.
As an exception to the aforementioned, the User is authorized to visualize the Elements and, if need be, download, reproduce, and represent all or part of certain Elements made specifically by 3DVIA for the User (in particular static Elements), for strictly private and noncommercial purposes.
Consequently, 3DVIA grants the User a free, non-exclusive, non-assignable, non-transferable, non-sublicensable, worldwide Elements license in order to represent and display (and reproduce, where necessary) the Elements for personal and noncommercial purposes and for his own needs (unless otherwise stipulated by the Special Conditions):
(i) via the Service and for the entire duration of the subscription to the Service, when the Elements are not able to be backed up on an external device by the User;
(ii) on all media and/or via all networks and for the entire duration of the intellectual property rights, when the Elements are not able to be backed up on an external device by the User.
All other usage is consequently explicitly reserved. In particular, the User is forbidden, except within the limits authorized by applicable law, to:
(a) 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 General Conditions;
(b) 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 3DVIA will not provide the User with the information required to operate the software application accessible via the Service with other, independently-created software;
(c) adapt, translate, modify, or create products or works derived from all or part of any of the Elements and/or Service;
(d) circulate and/or represent and/or publish all or part of any of the Elements and/or Service;
(e) 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;
(f) perform an act prohibited by article 7 of these General Conditions;
(g) and more generally, to perform any act or behavior not explicitly permitted in the framework of these General Conditions or susceptible to violate the intellectual property rights of 3DVIA;
The User is thus informed that the right of use of the Service is only granted to enable his use during the entire duration of the use of and/or subscription to the Service and in a way that is in strict compliance with the General Conditions, and that consequently both will automatically cease with the dissolution of the General Conditions and/or closing of the User’s account. The right of use of the Service and these General Conditions does not confer to the User 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 3DVIA or third parties.
Each of the Elements and/or Service and any authorized copy of any of the Elements made by the User are and remain the exclusive intellectual property of 3DVIA and its licensors and suppliers.
The structure, organization, and code of the Service, Software, and/or Website constitute trade secrets and the valuable confidential information of 3DVIA and its licensors and suppliers.
The User agrees 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, Website, and/or Elements.
9. ABSENCE OF ASSISTANCE OR MAINTENANCE SERVICES
Unless otherwise stipulated by the Special Conditions, 3DVIA is not responsible for providing technical assistance, maintenance, or any other help in the use of the Service.
In any event, 3DVIA explicitly reserves the right to fix any error which might affect the Service or Software.
The 3DVIA brands, Dassault Systems, and its partners, as well as the logos affixed to the Service and/or the Website, are registered trademarks. These General Conditions do not grant the User any trademark rights, of which 3DVIA and its partners are the owners.
11. COMMENTS AND SUGGESTIONS
The User may send any suggestion or comment concerning the Service to 3DVIA by writing an e-mail to 3DVIA at email@example.com, or by publishing a comment via the Service.
The User explicitly recognizes that none of the communications or publications made in this context are covered by any obligation of confidentiality, and consequently authorizes 3DVIA to reuse suggestions and comments he may convey to 3DVIA without 3DVIA being in any way obligated to provide compensation.
In any event, 3DVIA reserves the right to use User comments or suggestions or not.
12. WARRANTY DISCLAIMER
Unless otherwise stipulated by the Special Conditions, the Service (including related information) is provided “as is,” and “as available.”
In particular, 3DVIA, its licensors, and its suppliers do not and cannot guarantee the Service will function at all times, reliably, or exhaustively, or that it will be free from errors. Furthermore, the Service has not been tested in all of the situations in which it is susceptible to be used.
The User consequently recognizes that although the Service is designed to help the User 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. The User is responsible for determining how best to use the Service to obtain the desired results. 3DVIA, its licensors, and its suppliers can in no way guarantee the performance or results obtained by using the Service.
Subject to guarantees which cannot be excluded or limited by applicable law, 3DVIA, its licensors, and its suppliers do not grant any kind of warranty whatsoever.
13. LIABILITY DISCLAIMER
The User declares he has a good understanding of the Internet and accepts its characteristics and limitations, in particular its technical performance and response time when consulting, requesting, transferring, or downloading information, and recognizes it is his responsibility to take every necessary measure in order to protect his own data and/or software from contamination by possible viruses circulating within exchanged data.
The User is responsible for Contents published via the Service and for damages 3DVIA 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 3DVIA, the User agrees to defend the said claim at his own cost, to release 3DVIA of all liability, and to reimburse 3DVIA any sums 3DVIA is required to pay as part of the said claim (including lawyers’ fees and expenses). 3DVIA will inform the User in the event of any such claims.
Subject to applicable mandatory legal provisions, and unless otherwise stipulated by the Special Conditions, in no way will 3DVIA, its licensors, or its suppliers be held responsible for direct or indirect damages the User may suffer as a result of the use or non-use of the Service, nor for any lost data, lost revenue, lost profits, lost anticipated savings, lost clientele, harm to his image or reputation, financial loss, or any consequential or immaterial damages.
3DVIA cannot be held liable in the event where the non-execution of its obligations is attributable to unforeseeable circumstances or force majeure such as defined by the Civil Code and specified by jurisprudence.
Similarly, 3DVIA cannot be held responsible for 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 are regarded as force majeure.
14. DURATION – SERVICE CANCELLATION AND TERMINATION
Unless otherwise stipulated by the Special Conditions, these General Conditions are applicable for an indefinite period.
Unless otherwise stipulated by the Special Conditions, the User may cancel these General Conditions at any time and without notice via the Service by closing his account. The User is informed that by canceling these General Conditions and closing his account, he risks losing completely and definitively the Contents and Elements stored and/or published via the Service, as well as the data entered in his User account via the Service, which he will not be able to recover, this feature not being available. It is thus the User’s responsibility to take the necessary measures to back up his Contents and Elements locally before publication, when this option is available.
If the User closes his User account, he may subscribe to and use the Service again, but the User may not recover the Contents, Elements, and other data previously loaded and generated via the Service.
In the event of negligence by the User regarding any of his obligations as defined by these General Conditions, 3DVIA will send the User a notification by e-mail summoning him to resolve this negligence. If no action is taken within eight (8) business days of the notification, or if the User commits the negligence again during this time, 3DVIA reserves the right to immediately and legitimately cancel these General Conditions by way of an e-mail notification to the User, without prejudice to any other rights or recourse. The User is informed that in the event of dissolution of these General Conditions by 3DVIA, his account will be closed and he risks losing completely and definitively the Contents and Elements stored and/or published via the Service and the data entered in his User account via the Service, which he may not recover, this function not being available. It is thus the User’s responsibility to take the necessary measures to back up his Contents and Elements locally before publication, when this option is available.
In accordance with article 14 herein, the User will no longer be able to access the Service in the event of cancellation by the User or by 3DVIA.
All assignments of rights to 3DVIA, warranty limitations, and liability limitations provided by these General Conditions will remain in effect after the cancellation of these General Conditions.
The stipulations set out in article 14 are subject to any stipulations to the contrary in the Special Conditions.
Computerized records and digital files, conserved in reasonably secure and reliable conditions in 3DVIA’s computer systems, are considered evidence of the relationship and communication arising between 3DVIA and the User in the context of the use of the Service.
It is consequently agreed that 3DVIA may claim, in particular for the purposes of proving any act, fact, or omission, any element that is digital or computerized in nature, or established, received, or directly or indirectly conserved by 3DVIA, in particular in its computer systems.
These elements thus constitute evidence and, if they are produced as means of evidence by 3DVIA 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 GENERAL CONDITIONS
3DVIA may modify these General Conditions at any time. These modifications will be visible immediately as part of the Service, in particular on the Website by way of information on the Website’s homepage or upon connecting to the Service.
If he is registered, the User will also be asked to accept the modified General Conditions again. If the User does not accept the changes made to these General Conditions, he may cancel these General Conditions under the conditions provided by article 14.
17. GENERAL STIPULATIONS
Subject to the stipulations outlined by the Special Conditions, these General Conditions constitute the totality of the agreement between 3DVIA and the User, in view of its purpose. They cancel and replace all previously-occurring agreements, communication, propositions, and declarations between 3DVIA and the User. They prevail over all contradictory or additional stipulations appearing on any estimate, order, acknowledgment of receipt, or subsequent communication.
If a stipulation of these General Conditions 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 General Conditions, whether for reward or free of charge, without prior written permission from the other party. As an exception to the aforementioned, 3DVIA may freely grant, transfer, or cede in any other way all or part of these General Conditions 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).
18. EXPORT RESTRICTIONS
The User agrees to not directly or indirectly export or re-export, or provide any natural or legal person all or part of the Service, including the Software and/or technical data pertaining to it, for exportation or re-exportation purposes, without first complying with the regulations relating to the control of applicable exportations inside the territory to which the User or Service (including the Software) is subjected, including, in particular, the obtainment of any exportation permissions from the United States Department of Commerce, the Canadian Export Control – Foreign Affairs and International Commerce Division, or any other competent governmental authority.
19. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions are governed by French law, excluding its conflict of law rules.
ANY DISPUTE CONCERNING THE VALIDITY, INTERPRETATION, EXECUTION, OR DISSOLUTION OF THESE GENERAL CONDITIONS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR URGENT PROCEEDINGS OR ENFORCEMENT PROCEDURES, ON SUMMARY PROCEDURE OR BY PETITION, EXCEPT FOR CASES WHERE THE LITIGATION FALLS UNDER THE EXCLUSIVE JURISDICTION OF THE REGIONAL COURT IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE INTELLECTUAL PROPERTY CODE. EACH OF THE PARTIES IS IRREVOCABLY SUBJECT TO THE JURISDICTION OF THE COMMERCIAL COURT OF PARIS.
As an exception to the aforementioned, all litigation relating to the validity, interpretation, execution, or dissolution of these General Conditions between 3DVIA and a consumer User falls under the jurisdiction of competent tribunals in accordance with the applicable law.