Welcome to 3DeXchange! 3DeXchange (“3DX”) is owned and operated by TraceParts, Inc. (“TraceParts” “we,” “us,” or “our”). Please read these terms of service carefully (“Terms of Service”). These Terms of Service apply to your access and use of our Site or any of the 3DX Mobile Applications. By using and accessing our Site and/or Mobile Applications, you agree to be bound by these Terms of Service and all policies and guidelines. If you do not agree to all of the terms and conditions in these Terms of Service, do not use our Site or the Mobile Applications. Please feel free to print a copy of these Terms of Service for your records.
We’re a Community
3DX is a community website designed to connect industry veterans, terrific 3D users and business partners together. 3DX enables you to upload, download and share 3D models in various formats and other digital content on the Internet via our sites located at 3DX-us.com, 3DX-fr.com and 3DX-de.com (each, individually or together, the “Site”) including any access on electronic devices such as smart phones and tablets (“Mobile Applications”).
You agree and represent that: (i) all of your registration and account information is true, accurate and complete, (ii) you will maintain the security of your password, (iii) you will not share or allow others to use your user name and password, (iv) you accept all responsibility for all activity that occurs under your user name and (v) any breach or suspected breach of any of the above representations may result in immediate termination of your account or suspension of your account.
Groups/Collaboration & Blogs
Groups – We provide you with the ability to form “groups” to foster communication and collaboration between 3DX users and suppliers. Groups can be created by 3DX users or suppliers. A group can be public private or public, and joining can be open, by request, or by invitation. We have provided a number of starter groups named according to design software used by members. These groups are open to any 3DX user.
Blogs – There are two type of blogs in 3DX: the 3DX blog – for us to post interesting topics for your commenting and supplier blogs for them to share their knowledge and topics of interest for you to comment on.
Comments on Group and Blogs Posts – Please keep all comments professional.
You acknowledge that it is your responsibility to ensure that any CAD files, models, other files, schema, text, data, pictures or other content (“Content”) that you post on our Site does not hurt or offend anyone or violate any laws, rules, policies or regulations. TraceParts respects your rights and does not wish to censor any of your Content. You are solely responsible for your use of our Site and Content that you post or submit and you agree to use our Site and/or Mobile Applications at your own risk. However, by using our Site and/or Mobile Applications, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site or Mobile Applications any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. (By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce your Content);
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
- Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas of our Site.
TraceParts takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As the provider of our Site and Mobile Applications, we are not liable for any statements, representations, Content or Third Party Content (as defined below) provided by users on our Site or in any public forum. Although we have no obligation to screen, edit or monitor any of the Content posted on our Site, we reserve the right, and have absolute discretion, to remove, screen or edit any Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any Content you post or store on our Site, at your sole cost and expense.
We may provide third party content on our Site and provide links to sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content. In the event we display advertisements and promotions from third parties on our Site or may otherwise provide information about or links to third-party products or services on our Site, your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information on our Site.
Your Submissions and Sharing Your Content
Certain areas of 3D-eXchange permit you and other members to submit, post, display, upload, transmit or otherwise provide (collectively, "Post"), Content and other materials (we call it "Your Submissions"). You retain ownership of Your Submissions that you Post to the Site, subject to the rights you grant us as described in these Terms of Service.
When you post content, you will be asked to check the appropriate boxes þ:
1. Confirming that you own or have the appropriate rights to the content; (note: you may upload models you did not create provided you have permission from the author/owner and you give the proper citation) and
2. Choosing whether or not you wish to enable others to download and use your content.
You understand and acknowledge that you are fully responsible for all Your Submissions, including the legality, reliability, accuracy and appropriateness thereof. You further represent and warrant that you own all rights in and to Your Submissions or, alternatively, you have acquired all necessary rights in Your Submissions to enable you to grant the above licenses; and that the Posting, downloading, copying and use of Your Submissions does not and will not misappropriate, infringe or violate the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret, confidentiality or other intellectual property or proprietary rights, or rights of privacy or publicity. Upon Tracepart's request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. Except as prohibited by law, you hereby waive any moral rights you may have in Your Submissions under the laws of any jurisdiction. You further authorize us to publish Your Submissions in a searchable format that may be accessed by users of 3DX and the Internet. You agree that TraceParts has no obligation to monitor or enforce your intellectual property rights to Your Submissions but has the right to protect and enforce its own rights to Your Submissions. You are responsible for all royalties, fees, and any other monies owed by reason of Your Submissions that you Post on the Site.
Representation and Warranty
You represent and warrant that your use of 3DX will be in strict accordance with these Terms of Service, and with all applicable laws, rules and regulations, including, without limitation, all federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Services and Your Submissions, including without limitation, copyright laws, and all laws regarding the export of technical data or software to and from the US or other countries.
Intellectual Property and Limited License
You acknowledge that our Site and all content and other materials on our Site (excluding Your Submissions), including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Site Materials”) are TraceParts proprietary property or its licensors or users as applicable and are protected by US and international copyright and trademark laws.
You are granted a limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms of Service and does not include: (i) any resale or commercial use of our Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our Site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; or (vi) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized in these Site terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Site terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Indemnification / Disclaimer / Limitations of Liability
You agree, at your sole expense, to defend, indemnify and hold TraceParts, its directors, employees and agents, independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our Site, the Site Materials, the Mobile Application and/or our services; (ii) your conduct; (iii) your violation of these Site terms or your violation of the rights of any third party; or (iv) any Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, MOBILE APPLICATIONS, SITE MATERIALS, CONTENT, THIRD PARTY CONTENT, ANY HYPERLINKS, TRACEPARTS SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (COLLECTIVELY, “TRACEPARTS SERVICES") ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY TRACEPARTS CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY TRACEPARTS SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL TRACEPARTS SITES AND SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TRACEPARTS SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, UNDER USE OF OUR SITE, MOBILE APPLICATION AND/OR SERVICE PROVIDED HEREUNDER IN THE PREVIOUS SIX (6) MONTHS.
Applicable Law and Venue
These Terms of Service and your use of our Site will be governed by and construed in accordance with the laws of the State of New Hampshire, USA, applicable to agreements made and to be entirely performed within the State of New Hampshire, without resort to its conflict of law provisions, unless otherwise expressly specified on an individual Site (for example our international Site(s) may specificy laws for a particular country or region). You agree that any action at law or in equity arising out of or relating to these Site terms will be filed only in the state and federal courts located in New Hampshire, unless otherwise expressly specified on an individual Site, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site terms. The information provided within the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TraceParts to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of 3DX or any portion of 3DX, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that TraceParts provides. These Terms of Service were written in English (US). To the extent of any translations of these Terms of Service, the English version will apply.
Contests and Promotions
Any contests or promotions ("Promotions") accessible through 3DX may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
Notwithstanding any terms to the contrary in these Terms of Service, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use our Site and to block or prevent your access to and use of our Site for any or no reason).
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on our Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Address of Designated Agent to Which Notification Should be Sent:
Travis Johnson, Esq.
Ascentage Law, PLLC
One Broadway, 14th Floor
Cambridge, MA 02142 USA
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on our Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, TraceParts has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of TraceParts, account holders who are deemed to be repeat infringers. TraceParts may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Updates to Terms of Service
We reserve the right to change or modify any provisions of these Terms of Service and any policies or guidelines governing your use of our Site and TraceParts’ Services at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on our Site. Your continued use of our Site following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Service and all applicable policies or guidelines on our Site in order to understand the terms and conditions applicable to your use of our Site. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using our Site.
Questions & Contact Information
Questions or comments about our Site may be directed to us at firstname.lastname@example.org or by using the 3DX feedback tool accessed by picking “[+]Feedback” in the header of the site.
402 Amherst St., Suite 304
Nashua, NH 03063 USA