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.
Welcome to 3DS Website, a service provided by Dassault Systèmes (here in after “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”).
“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.”)
Defined terms can be used in a singular or plural form.
3- ACCESS TO THE SERVICE
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. You have to register by opening a free-of-charge account. Such account will allow You to access all “ByMe” services made available by 3DS.
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.
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 email@example.com .
5- SERVICE DESCRIPTION – BASIC FEATURES AND ADDITIONAL SERVICE OPTIONS
The basic features of the Service allow You, in particular, to:
- easily conceive and model interior and exterior spaces in 2D or 3D in order to have a better visualization of Your floor plan projects;
- 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;
- configure the dimensions and materials of generic objects,
- generate spatial as well as rearranged, furnished, and decorated plans and mock ups;
- 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);
- 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.;
- post comments/questions on Your Contents or on other Users’ Contents published online by the Service;
- put together a publication relating to Your project’s Web page, make a rendering available to Internet users, and
- 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:
- design more than a limited number of projects;
- create HD renderings and other deliverables, if required;
- benefit from additional suggestions, extra editorial content, tools, value-added and social functionality services, and other fee-based options; and
- 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.).
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).
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.
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.
- Comply with legal obligations;
- 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).
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:
- 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;
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 firstname.lastname@example.org, 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.
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.
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.
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
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.
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.