Terms of use

Français

THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE OUR SITE. PLEASE READ THEM CAREFULLY. THESE TERMS AND CONDITIONS MAY BE UPDATED AND REVISED BY US FROM TIME TO TIME, SO PLEASE VISIT THIS PAGE PERIODICALLY TO REVIEW THEM.

By using this site, you signify that you agree with these Terms of Use. If you do not accept the following terms and conditions, do not use this site or our service.

PLEASE NOTE THAT THE SITE AS CURRENTLY DISPLAYED IS A BETA VERSION. THEREFORE SOME ERRORS OR INACCURACIES MAY EXIST AND SOME INTERRUPTIONS MAY OCCUR. DUE TO THE PARTICULAR CIRCUMSTANCES UNDER WHICH THE SITE IS PUBLISHED, PLEASE NOTE THAT DASSAULT SYSTEMES MAY NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, INCLUDING LOSS OF CONTENT YOU UPLOAD OR PUBLISH ON THE SITE.

  1. ACCEPTANCE OF THE TERMS OF USE

    Welcome to the 3DVIA.com website, a service provided by Dassault Systèmes SA ("DS"), available through the 3DVIA.com domain name or any other address or domain name which might be substituted thereto (collectively, including all Content available through the 3DVIA.com domain name, the "Site").

    By visiting the pages of the Site, by creating an account with 3DVIA ("We", "Our" or "Us"), by uploading 3D models, 3D Experience and related content, data, files, images whether animated or not, sounds, music, textures and materials, tags, descriptions, comments and other information you provide onto the Site (the "3D Models"), by posting and publishing messages, communications, statements, by participating tchat in member discussions, by providing Us with information, data, text, profiles, screen names, messages, tags, or other materials (collectively, with the 3D Models, the "Content"), and/or by using the Site and the services provided through the Site, you agree to be bound by the following terms and conditions of use ("Terms of Use"). These Terms of Use incorporate where relevant the Guidelines and Supplemental Conditions below.

    When You create your account, You will be prompted to indicate your acceptance of the Terms of Use by selecting the "I've read and I accept the Terms of use" button located at the bottom of these Terms of Use. If you are not willing to be bound by any and all the terms of these Terms of Use, do not create your account. Using any part of the Site indicates that You accept these Terms of Use.

    If you do not agree with any of these Terms of Use, please do not use the Site.

  2. DESCRIPTION OF THE SERVICE

    The Site is intended to enable Internet users to create, view, and share 3D Models, to create virtual communities of people and companies interested in 3D design technology and models and to enable such communities to create, view, share and experience 3D content. The Site promotes and offers various services enabling users who are interested in 3D to share, view and experience, where this option is available, modify the 3D Models available on the Site, and to discuss and share best practices around the 3D world, all such services being further described below (collectively, the "Service").

    The Site is open to all internet users who connect to the Site and use Our Service (hereinafter, the "Visitors"). However, certain parts of the Site are not available to Visitors if they do not open an account.

    The Site also enables (i) Visitors to open their personal accounts free of charge (hereinafter, the "Users"), (ii) Users to publish Content on the Site (hereinafter, the "Contributors"), and (iii) Users to create their own Groups and/or to moderate the chats and discussions which take place between the Users of such Groups (hereinafter, the "Administrators").

    Finally, the Site enables Visitors, Users, Contributors and Administrators (collectively, "You") to test real 3D experiences posted by DS or its partners and, subject to Your acceptance of certain terms and conditions, to create your own 3D Models using DS' proprietary software when available.

    You are responsible for obtaining access to the Service. Please note that such access may involve third-party fees (such as Internet service provider charges). In addition, You must provide and are responsible for the equipment necessary to access the Service.

    Additional information regarding the various services provided on the Site is available below.

    2.1 3D Models

    "3D Models" is a service which enables Visitors to view and, where such authorization has been granted by the relevant Contributors, to download, use and modify any 3D Model published on the Site by Contributors, in accordance with the use restrictions they have specified.

    "3D Models" also enables Users and Contributors to upload their 3D Models on the Site, whether for public display to all Visitors or for private use or display only to limited Users.

    2.2 3D Webstore

    "3DVIA Webstore" is a service which enables Users to purchase a license to download and use certain Content in a scene or game or larger work for their own commercial purpose (“Commercial Content’). The terms of the End User License Agreement for the 3D Webstore that applies to Commercial Content is available here.

    2.3 3D Experiences

    "3D Experiences is a service which enables You to access and view real time 3D experiences created and published by DS and/or its partners to demonstrate the capabilities and impact of using 3D Models in various industries and markets. 3D experiences may only be viewed, but may not be downloaded or copied in any manner

    2.4 People

    "People" is a service which enables Visitors to view the list of the Contributors and Users and to consult the 3D Models they have uploaded onto the Site, if any.

    Because it is important for Us to protect any confidential or personal information regarding our Users, this section does not enable You to directly contact a Contributor or Member.

    2.5 Groups

    "Groups" is a service which enables Users to create virtual communities of Users who share a common interest in a particular type of 3D Models or in a particular type of 3D technology (a "Group").

    DS makes available to each Group a specific forum in which the Users and Contributors belonging to the Group may, under the supervision of the Group's Administrator and/or Moderator, express themselves, share their views, discuss, exchange ideas, opinions, and the like. Although the content of such discussions may be viewed by all Users, only the Users and Contributors belonging to the Group may contribute to such discussions.

    DS does not monitor the Content posted on such forums. It is the Group's Administrator and/or Moderator's responsibility to ensure that any discussions taking place do not violate the Terms of Use. An Administrator is the User who is at the origin of and has created a new Group. A Moderator is any person designated by an Administrator that has accepted to be designated as such and whose primary role is to regulate its Group.

    For specific conditions applicable to group, please see section 18 at the end of this Terms of Uses.

    2.6 Shape it

    "Shape it" is a service which enables You, upon free download of DS' proprietary software existing and subject to acceptance and compliance with the license agreement attached thereto, to create simple 3D Models and to publish such Content on the Site.

    Once You have published your 3D Model on the Site, You may at any time edit, modify, change or make any derivative works based on your 3D Models and have them published on the Site when such proprietary software is available.

    2.7 Paid Accounts

    Subject to the acceptance of "Dassault Systèmes 3DVIA.com Paid Account End User License Agreement" available on the 3DVIA.com website, Users may open 3DVIA paid accounts.

    3DVIA paid accounts ( 3D App , Professional and Individual ) allow Users to (i) increase storage space and content upload limit on 3DVIA.com, (ii) set files to private, and (iii) embed the 3DVIA Player in an external website. 3DVIA reserves the right to change the parameters, pricing, and services offered as part of the Paid Accounts, as further described below upon 15-day written notice to User. If You choose to use all or any the Paid Account(s), as modified, You signify that You have accepted the revised parameters, pricing, and services thereof, as applicable, of the date of such modification.

    The Individual paid account can be described as providing the following services:

    • 5 GB content storage on 3DVIA.com
    • 100 MB content upload limit per file
    • Mark 3D models as private and remove from search and view on 3DVIA.com
    • Embed unlimited 3D models on one site

    The Professional paid account can be described as providing the following services:

    • 50 GB content storage on 3DVIA.com
    • 100 MB content upload limit per file
    • Mark 3D models as private and remove from search and view on 3DVIA.com
    • Embed unlimited 3D models on one site
    • Create public galleries and up to 10 private projects

    The 3D App paid account can be described as providing the following services:

    • 100 GB content storage on 3DVIA.com
    • 100 MB content upload limit per file
    • Mark 3D models as private and remove from search and view on 3DVIA.com
    • Embed unlimited 3D models on one site
    • Mark 3D apps as private and remove from search and view on 3DVIA.com
    • Embed a limited number of Experiences or Scenes on one site
  3. REGISTRATION — PASSWORD — SECURITY

    In order to fully use the Service, You must register with Us by opening a free of charge account. In consideration of your registration to the Service, You represent that you are at least 18 years of age, that You have the legal right to accept these Terms of Use and are not barred from receiving services under the laws of any applicable jurisdiction.

    In so doing, You will be prompted to provide certain information and to create an account name and password. You agree to (a) provide true, accurate, current and complete information about yourself and your Content; and (b) maintain and promptly update your profile to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We have reasonable grounds to suspect the same, We have the right to suspend or terminate your account and refuse any and all current or future uses of the Service (or any portion thereof).

    You must and are responsible for maintaining your password and account confidential and secure and are fully responsible for all activities that occur under your password or account.

  4. UPLOADED AND PUBLISHED CONTENT

    When You upload 3D Models, you should provide a description for your 3D Models and to associate tags to it, which will enable Visitors and Users to find more easily and rapidly the 3D Models they are interested in or specifically looking for.

    You acknowledge that some terms and expressions may be protected by third party copyrights, authors' rights, or trademark rights. You therefore agree not to use any tags which may constitute an authorized reproduction of any such protected terms or expressions.

    DS has also established a list of prohibited terms and expressions, which may not be used and which will prevent You from using such terms as tags to identify your 3D Models. You agree not to use such tags.

    With respect to any Content You submit or make available for inclusion on publicly accessible areas of the Service (i.e. areas of the Site available to Visitors), You grant Us a worldwide, royalty-free, sub-licenseable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, adapt and publicly display your Content in connection with the Site and DS' (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

    If you are interested in licensing your 3D models for a fee as Commercial Content, please contact us at talk@3dvia.com. 3D Models will appear as Commercial Content only after you have entered into a separate written agreement with DS or one of its affiliates and not solely pursuant to these Terms of Use.

  5. LICENSE TO USE YOUR 3D MODELS

    When uploading 3D Models, You will be prompted to specify the nature and scope of the rights you wish to retain/license/sublicense with respect to your 3D Models. In so doing, You warrant and represent either that (i) You are the author of the 3D Model uploaded if You click on such option or (ii) You hold and will continue to hold the necessary rights, including but not limited to all intellectual property rights in and to Your 3D Model to grant the rights thereby granted.

    By uploading your Content on the public pages of the Site, You accept to grant at a minimum to Visitors the right to access to and view your Content through the Site. You may choose between several options the scope of the rights You wish to retain, license or sublicense, but you must choose one option amongst the options provided (if you do not want to accept the terms of any of the options provided, please simply do not upload your Content).

    When visiting the Site and using the Service, You undertake to comply with all the use and license terms and restrictions imposed by the Contributors with respect to their 3D Models (including any portion thereof).

  6. YOUR CONDUCT WHEN USING THE SERVICE AND/OR THE SITE

    You understand that your Content, whether publicly posted or available solely on your private pages, is of your sole and unique responsibility and that You are solely responsible for your conduct on the Site.

    This means that only You, and not DS, are responsible for all Content that You upload, post, license, sublicense, display or otherwise make available via the Service. DS does not control the Content posted via the 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. You acknowledge that You will not:

    1. 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, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;
    2. Harm minors in any way;
    3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded through the Site;
    4. 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;
    5. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    6. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
    7. Use any elements available on the Site (including, without limitation, textures files) except if specifically authorized on the Site or through a separate license;
    8. Stalk or otherwise harass another;
    9. Create, send or submit unwanted email to any Contributor or Visitor;
    10. Collect or store personal data about other Contributors or Visitors where relevant in connection with the prohibited conduct and activities set forth above; and/or
    11. Violate in any manner any applicable laws.

    You acknowledge that We may not but shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse or move any Content that is available via the Service or remove any Content that violates the Terms of Use or is otherwise objectionable.

    You acknowledge, consent and agree that DS may access, preserve and disclose your account information 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:

    1. Comply with legal obligations;
    2. Enforce the Terms of Use;
    3. Respond to claims that any Content violates the rights of third parties; or
    4. Protect the rights, property or personal safety of DS, its users and the public.
  7. LIMITED LICENSE TO ACCESS AND USE THE SITE AND DS CONTENT—DS PROPRIETARY RIGHTS

    You acknowledge and agree that the Site, the Service and any software used in connection with the Site and/or the Service and notably the uploader software, 3DXML Player, 3DVIA Player and 3DVIA Print Screen (collectively, the "Software") contain proprietary and confidential information belonging to DS and may be protected by applicable intellectual property and other laws.

    The structure of the Site and each and any of its elements, except for Content posted by Contributors and Users, including without limitation, the Site design text, 3D experiences, 3D models, Software in object and source code, scripts, downloads, graphics, photos, sounds, music, videos, interactive features and the like and their selection and arrangement, and the trademarks, trade names, service marks and logos contained therein are owned by or licensed to DS, and are subject to copyright and other intellectual property rights under all applicable laws (hereinafter, with the "Software", the "DS Content"). They remain the sole and exclusive property of DS or its licensors.

    Unless permitted by a separate license agreement, You may use the DS Content for your personal use only, to the exclusion of any commercial or for-profit use.

    Any reproduction, extraction, display, alteration, modification, adaptation or use of the Site or the DS Content, whether in whole or in part, regardless of their means and purposes, and more generally any act not expressly authorized by DS, is strictly prohibited and liable to prosecution. Please note that You may make a copy and a reproduction of the Site for your personal internal use only of the Site, provided you do not modify any element of the Site or the DS Content or do not disguise or remove and proprietary notices.

    We grant You a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with Our prior express written consent.

    You are permitted to print and download extracts from the Site for Your own personal use on the following basis:

    1. No documents or related graphics on the Site are modified in any way;
    2. No graphics on the Site are used separately from the corresponding text; and
    3. Our copyright and trademark notices and this permission notice appear in all copies.

    You may not make any derivative use of this Site or its contents.

    For the avoidance of doubt, this clause does not permit any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents or the use of robots, data mining or similar data collection and/or extraction tools is strictly prohibited.

    The trademarks, trade names, service marks, logos and other distinctive signs of DS which are displayed on the Site are protected. Any unauthorized use or reproduction is strictly prohibited.

    All rights not expressly granted in these Terms of Use are reserved. None of the above mentioned materials may be reproduced, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similar) without Our prior written permission.

  8. LICENSE TO USE DS UPLOADER SOFTWARE AND OTHER DS SOFTWARE

    You may use the software which DS makes available on the Site, provided You comply with the use restrictions and other license agreements attached to such software.

    Some software do not require their prior downloading before being used or are only automatically and temporarily stored on your computer. This is notably the case for the DS software which enables you to upload Content onto the Site ("Uploader Software"), the 3DXML Player and 3DVIA Player (collectively, the "Players"). You agree to use the Uploader Software and Players for the sole purpose for which they are temporarily stored on your computer and for no other purpose. DS grants You a personal, non-transferable and non-exclusive right and license to use the object code of the Uploader Software and Players on one (1) single computer.

    You may not (and may not allow any third party to) use the Uploader Software and Players for any other purpose, whatever the means used and You may not circumvent, interfere with, deactivate or otherwise modify the technical settings of the Uploader Software and Players in order to

    You must immediately notify Us of any known or suspected unauthorized use of the Uploader Software and Players. You also agree not to access the Service by any means other than through the interface that is provided by DS for use in accessing the Service.

    The Site may contain third party content, such as 3D Models, 3D experiences and the like, which is protected by copyright, authors' rights and other intellectual property rights. Unless expressly provided otherwise, You may only view such content for your personal use only, to the exclusion of any commercial or for-profit use. You may not use such content in any other manner.

  9. THIRD PARTY PROPRIETARY CONTENT

    The Site may contain third party content, such as 3D Models, 3D experiences and the like, which is protected by copyright, authors' rights and other intellectual property rights. Unless expressly provided otherwise, You may only view such content for your personal use only, to the exclusion of any commercial or for-profit use. You may not use such content in any other manner. For clarity purposes, any texture file you may access by visiting the pages of the Site, by creating an account with 3DVIA, by accessing 3D Models and/or 3D Experience and any other related content, may not be used or reused in any way whatsoever except as otherwise provided in a separate agreement.

  10. INDEMNITY

    You agree to defend, indemnify and hold DS, its parent company, subsidiaries, affiliates, officers, agents, employees, partners, contractors and licensors harmless from and against any claim arising from any third party claim relating to any Content, Your use of and access to all or part of the Site and the Service, Your violation of the Terms of Use, or Your violation of any rights of another. This defense and indemnification obligation shall survive the Terms of Use and Your use of the Site.

  11. MODIFICATION OF SERVICE

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

    We also reserve the right to modify the Terms of Use from time to time. If You have created an account with Us, you will receive an email requesting that You read and accept the new version of the Terms of Use. If You choose to use the Site, You signify that You have accepted the new version of the Terms of Use, which will apply to your use of the Site as of the date of the Terms of Use modification.

    You agree to review the most current version of the Terms of Use, available at http://www.3dvia.com/about/terms.php.

  12. TERMINATION—WITHDRAWAL OF CONTENT

    You agree that DS may, under certain circumstances, at its own discretion and with or without prior written notice, immediately terminate your account, and access to the Service and/or to your Content.

    Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use; (b) requests by law enforcement or other government agencies; (c) a request by You; (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) your lack of use of the Site and your account for one (1) year; (g) Your engagement in fraudulent or illegal activities.

    Termination of your account includes (i) removal of access to your account, (ii) deletion of your Content; (iii) deletion of your password and all related information and files associated with or inside your account (or any part thereof), and (iv) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DS' sole discretion and that DS shall not be liable to You or any third party for any termination of your account, or access to the Service.

    Termination of any license for Commercial Content is governed solely by the Commercial Content Supplier Agreement or the End User License Agreement for the 3DVIA Webstore, as appropriate.

  13. WARRANTIES

    You expressly understand and agree that:

    1. Your use of the Site and the Service is at your sole risk.
    2. DS and its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, in particular of hidden defects, conformity and non-infringement and make no warranty that (i) the Service will meet your requirements; (ii) the Site, Software including Software, Uploader Software and Service will be efficient, accurate, uninterrupted, timely, secure, error-free or available; (iii) the information, data, Content, and materials that may be obtained from the Service will be accurate or reliable; and (iv) any errors in the Software will be corrected;
    3. You will be solely responsible for any damage to your computer system or other equipment or loss of data that results from the download of any such Content.
  14. LIMITATION OF LIABILITY

    You expressly understand and agree that DS, its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any indirect damages, of whatever nature whatsoever, including, but not limited to, loss of profits, goodwill, use, data, Content, Content misplacement or accidental deletion, or other intangible losses, even if DS has been advised of the possibility of such damages, resulting from (i) Your ability and/or inability to access and/or use the Service; (ii) Your upload or inability to upload your Content; (iii) unauthorized access to, misplacement, deletion or alteration of your transmissions, data or Content; (iv) statements or conduct of any third party on the Service; (v) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site; (vi) any other matter relating to the Service.

  15. EXCLUSIONS AND LIMITATIONS

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for direct damages. Accordingly, some of the above limitations may not apply to You.

  16. THIRD PARTY LINKS

    The Site may provide, or third parties may provide, links to other sites or resources.

    Please be aware that DS has no control over such sites and resources nor does DS contribute in any manner to the creation of their contents. Therefore, DS may not be responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on or available from such sites or resources.

    You further acknowledge and agree that DS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  17. APPLICABLE LAW—JURISDICTION

    The Terms of Use and the relationship between You and DS shall in all respect be governed by the laws of France without regard to conflict of law provisions. You and DS agree to submit to the personal and exclusive jurisdiction of the competent courts located in France.

  18. SPECIFIC PROVISIONS APPLICABLE TO GROUPS

    The Site enables the creation on this Site of one or more communities or groups of people who have in common the same interest in one area of 3D or the same thrust for a specific topic of the 3D world (a "Group"). A Group will enable You to get together with people who are driven by the same ambitions, share the same passions as you, and will attempt to facilitate the communication and exchange of ideas, opinions, points of views on specified themes discussed, tips and other useful information between you and other members of the Group. There's a lot to talk about, a lot to share, and a lot to comment on.

    To become a member of a Group, You must be a registered User.

    Upon becoming a Member of a Group, You agree to apply and comply with the following rules and guidelines (the "Guidelines") in addition to the other Terms of Use which apply to You as a User.

    Be sure to take a close look at the following Guidelines before joining in.

    18.1 Respect your Group!

    When You decide to become a Member of a Group, remember that you access a community of people who are happy to be part of this Group and want to learn more from others and from you in particular and who also want to share their views with others and with you. You all are connected to the same 3D world and must respect each other's views and ideas.

    Respect your fellow Group members! We, the Administrator and/or the Moderator (see below about those), will not tolerate any misconduct on your part. Threats, disrespectful, condescending or inappropriate behaviour, abusive conduct, harassment, invasion of one's privacy or revealing other members' personal information are not acceptable behaviour.

    If you are caught engaging in one of the abovementioned conducts, We, the Administrator and/or the Moderator may permanently exclude You from the Group and permanently delete your account and the Content you have posted on the Site.

    18.2 Remain within the limits of decency

    We encourage free speech and defend everyone's right to express their personal points of view. The very purpose of the Group is to freely expose your views and ideas and share your thoughts.

    But don't go too far. 3DVIA is not a forum for abuse.

    We, the Administrator and/or the Moderator, will not tolerate any speech, comments, questions, observations or other discussions which are driven by hatred, incitement to violence, which contain slurs, which are defamatory, injurious, obscene, offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or contrary to applicable laws and regulations.

    Do not insert hyperlinks in Your discussions 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.

    Do not reveal any third party information which you should be keeping in strict confidence pursuant to your obligations towards such third party.

    A Moderator or Administrator may, prior to any publication, delete any content which would not be in line with the theme discussed, the Site's editorial principles and line, or which may be violating applicable laws and regulations.

    18.3 Abide by your Administrator's or Moderator's decisions

    There are two Members of the Group who have a specific status: the Administrator, who has created the specific Group You have decided to join and the Moderator, who has been appointed by the Administrator to help him regulate the Group and the Content posted by its Members. The Administrator is entrusted by Us with certain rights and specific duties, and may in turn entrust the same rights to a Moderator: ensure that the Group does not engage in unlawful activity, illegal behaviour or other prohibited acts.

    The Administrator and the Moderators may accordingly refuse or delete any Content within the Group which they deem inappropriate or offensive and by joining a Group, You hereby acknowledge such powers and authority.

    18.4 Enjoy!

    Please do take these Guidelines seriously. Do not try to circumvent or bypass them. Just understand them and try to respect the spirit in which they were created.

    Violations of the Terms of Use may result in a warning notification or may result in termination of your account and deletion of all your Content. If Your violation of the Terms of Use is so material that We in good faith believe that you have gone too far, this will result in termination of your account. If you have an account terminated you are prohibited from ever signing up for another account!

  19. SPECIFIC PROVISIONS APPLICABLE TO ADMINISTRATORS AND MODERATORS

    19.1 Creation of a Group

    3DVIA enables You to decide to create on this Site one or more Groups of people who have in common with You the same interest in one area of 3D or the same thrust for a specific topic of the 3D world.

    By creating a Group, You agree to apply and comply with the Guidelines and the supplemental terms detailed in this Section (the "Supplemental Terms"). By accepting to act as Moderator for a Group, You also agree to apply and comply with the Guidelines and the Supplemental Terms.

    Be sure to take a close look at the following terms before creating a Group or accepting to serve as Moderator for one. If You do not agree with any of these Supplemental Terms, please do not create a Group, nor accept to serve as Moderator.

    19.2 Your rights

    When You create a Group, you are inviting other Users to join your Group. You may not prohibit a person from becoming a member of your Group.

    As an Administrator, You may:

    1. Add a Group or delete a Group you have created, provided that you duly inform the Members of such Group with advance notice
    2. Add or remove any of Your Content which corresponds to the themes or topics developed in the Group;
    3. Delete another member's Content if you reasonably believe that Content violates any provision of the Terms of Use ;
    4. Delete or remove any or all part of a discussion which takes place in your Group if you reasonably believe that discussion violates any provision of the Terms of Use;
    5. Edit any information regarding the Group, such as a description of the topic that is of interest to the group, the posting of tags or icons that are relevant to the Group, but to the exclusion of any personal information i.e. any information which may directly or indirectly enable the identification of a physical person (except if such person has expressly to having her personal information publicly displayed);
    6. Designate a Moderator who will be in charge of performing certain duties or exercising certain rights on your behalf. Such Moderator may be chosen at your entire discretion based on the amount or quality of the Content he/she posted, on the amount or quality of discussions he/she has engaged in, on his/her knowledge of the specific topic you are interested in etc.

    As a Moderator, You have the same rights as the administrator except that you cannot delete the group.

    19.3 Your duties

    When you create a Group, you not only have rights, but you must also fulfil certain duties which ensure that the Site is at all times compliant with the Terms of Use and applicable laws and regulations.

    Remember: You have created the Group, You are the only person who can operate the Group and We entrust You with a specific duty to administer your Group. Also, do not forget that all the discussions that take place in your Group are visible to all Users and not only to the members of your Group.

    Accordingly, You must do the following things:

    1. Send a warning to any member who has posted a 3D Model or other Content (including comments, discussions, opinions and other views published by a member of your Group) if you reasonably believe the Content violates any provision of the Terms of Use;
    2. Delete a 3D Model or other Content (including comments, discussions, opinions and other views published by a member of your Group) if you reasonably believe the Content violates any provision of the Terms of Use;
    3. Permanently terminate access of the Members of the Group if You reasonably believe that this is in the best interest of the Group, considering the seriousness of the violations of the Terms of Use by the relevant Members.

    More generally, You accept to ensure that your Group does not violate the Terms of Use which You have accepted.

    As a Moderator, You accept to be bound by the same terms

    Remember: We are counting on You to foster 3DVIA as the unique forum for quality 3D!

  20. Date Last Modified

    These Terms of Use were last modified on June 2011.