Welcome to the website and online service of 3D Control Systems, Inc. (“3D Control Systems,” “we,” or “us”).
You may use the 3D Control Systems Properties solely for your non-commercial, personal use only. No part of the 3D Control Systems Properties, including any materials incorporated therein, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, service, website or other medium for publication or distribution or for any commercial enterprise, without 3D Control Systems’s express prior written consent.
2. Use of Service
- You may use the Service only if you can form a binding contract with 3D Control Systems, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by 3D Control Systems.
3D Control Systems Accounts
- To use the Services, you must register for a 3D Control Systems account. Your 3D Control Systems account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you open a 3D Control Systems account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to 3D Control Systems with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Accounts are registered solely to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances.
- You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify 3D Control Systems immediately of any breach of security or unauthorized use of your account. 3D Control Systems will not be liable for any losses caused by any unauthorized use of your account.
- You may cancel your account at any time by following the instructions on the Service. If you voluntarily cancel your account, or allow your account to lapse, you may reactivate that account at any time. We may permanently or temporarily terminate or suspend your account or any access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If 3D Control Systems has previously terminated your account for any reason, 3D Control Systems further reserves the right, in its sole discretion, to prohibit you from reactivating such accounts or creating a new account on the Service.
- You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the 3D Control Systems servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
- You are solely responsible for your interactions with other 3D Control Systems Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. 3D Control Systems shall have no liability for your interactions with other Users, or for any User’s action or inaction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bond under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, 3D Control Systems does not waive any rights to use similar or related ideas previously known to 3D Control Systems, or developed by its employees, or obtained from sources other than you.
3. Grant of Licenses; Scope of License; Restrictions
Grant of License
Scope of Use
4. Automatic Updates
The 3D Control Systems Service consist of the most current versions thereof, including without limitation automatic general release updates to the 3D Control Systems Service such as bug fixes, patches, enhanced functions, and/or security related patches. You agree to accept and/or migrate (as applicable) to any and all new versions of 3D Control Systems Service, or any portion thereof, that 3D Control Systems may implement and/or otherwise provide to You, and 3D Control Systems shall have no obligation to provide or support any prior versions of the 3D Control Systems Service or portions thereof.
5. Term and Termination
6. Title and Ownership
As between You and 3D Control Systems, You and Your suppliers and licensors own all right, title and interest in and to Content (excluding any content that might be provided by 3D Control Systems and/or its suppliers) including associated intellectual property rights under copyright, trademark and/or other applicable domestic and international laws. 3D Control Systems and its suppliers own all right, title and interest in and to the 3D Control Systems Properties including associated intellectual property rights under copyright, trade secret, patent, trademark and/or other applicable domestic and international laws. In no event shall the 3D Control Systems Service (or any portion thereof) or any that might be provided by 3D Control Systems and/or its suppliers be deemed sold or assigned to You. Any and all rights not expressly granted by 3D Control Systems are reserved to 3D Control Systems. 3D Control Systems is not required to accept unsolicited feedback. If You provide feedback about the 3D Control Systems Service to 3D Control Systems, 3D Control Systems shall own all rights in and to such feedback and any derivative technologies, methodologies, compilations and/or any other resultant uses based on or developed through or by using such feedback and You shall take all necessary actions that may be requested by 3D Control Systems to perfect 3D Control Systems’s rights in and to such feedback.
8. Disclaimer of Warranties
3D Control Systems
MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE 3D Control Systems Properties (OR ANY CONTENT) FOR YOUR PURPOSES, THAT THE USE OF THE 3D Control Systems SERVICE SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE 3D Control Systems SERVICE SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY SERVICES, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE 3D Control Systems SERVICE, AND ANY CONTENT PROVIDED BY 3D Control Systems AND/OR ITS SUPPLIERS, ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE 3D Control Systems SERVICE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND 3D Control Systems AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, MISDELIVERY, UNTIMELY DELIVERY, DELIVERY FAILURES, OR ANY DAMAGES RESULTING THEREFROM AND/OR FROM EVENTS BEYOND 3D Control Systems’ REASONABLE CONTROL. THIS SECTION 8 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Limitation on LIABILITY
11. Compliance With Laws; Government Restricted Rights
The 3D Control Systems Service is of U.S. origin. You shall adhere to all applicable state, federal, local and international laws and treaties in all jurisdictions in which You use the 3D Control Systems Service, including, without limitation, all end-user, end-use and destination restrictions issued by U.S. and other governments and the U.S. Export Administration Act and its associated regulations. The 3D Control Systems Service is protected by copyright laws and international treaty provisions. You agree that the 3D Control Systems Service, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the 3D Control Systems Service, directly or indirectly, to any countries that are subject to USA export restrictions. If the 3D Control Systems Service is licensed for use by the United States or in the performance of a U.S. government prime contract or subcontract, You agree that the 3D Control Systems Service is delivered as a “commercial item,” as that term is defined at 48 C.F.R. 2.101, and more specifically shall be identified as “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, the 3D Control Systems Service and related documentation provided to U.S. Government end users is provisioned (a) only as a commercial end item and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Contractor/licensor is 3D Control Systems, Inc., 1355 Market Street, 3rd Floor San Francisco, CA 94123
12. Publicity and Marketing
3D Control Systems shall be permitted to line-list you as a customer and use your standard logo for 3D Control Systems’ promotional and marketing use during the Term.
13. Governing Law; Dispute Resolution
14. General Provisions
15. Contacting 3D Control Systems
If you have any queries about the manner in which the 3D Control Systems Site is operated, the 3D Control Systems Service is provided, or how your personal information is used by 3D Control Systems, please contact us at info@3DControlSystems.com.