Terms and conditions
- General Conditions / Scope of Services
- ShapeDiver GmbH, Hustergasse 9/10, 1140 Vienna, Austria ("we" or "us") provides access to the Beta-Version of its ShapeDiver platform ("ShapeDiver"), which allows users ("User") to upload, modify, download, and/or publish 3D files on ShapeDiver free of charge, or embed on third-party websites by means of our viewer. All elements of ShapeDiver, along with our proprietary 3D viewing and modifying technology and software, are referred to herein as "Services," and may (i) be modified at our sole discretion as well as (ii) in future be available against payment, only.
- By registering as well as by mere use of the Services, User agrees to be bound by these Terms and Conditions ("T&C") which may be updated from time to time. Your continued use of the Services constitutes your consent to such changes, while registered users will be informed 14 days before an amendment by separate notice and be given the opportunity to refuse. In the latter case, ShapeDiver GmbH shall have the right to termination.
- ShapeDiver offers the following Services free of charge with limited functionality for fair use, as well as may in the future also provide services against payment with enhanced functionality:
- Registered Users can upload parametric 3D models to the Platform, which can be modified by other Users via use of different parameters. These models are typically generated offline using specific CAD software packages, which will be interpreted by ShapeDiver in order to allow other Users to view and modify the 3D models.
- Parametric 3D models can also be embedded in other websites.
- Registered Users are allowed to comment on 3D models.
- Users may use the forum on the ShapeDiver platform for exchange and discussions, as well as the blog on the Platform.
- We reserve the right to do maintenance work at any time, as well as – in the light of the service being free of charge –, also without notice, to discontinue, change or expand at any time, temporarily or even permanently, any part or all of the Services. We furthermore reserve the right to remove content at our own discretion and without stating any reasons at any time.
- While most Services can be used without any registration, Users have to validly register in order to be able to upload their own 3D models to ShapeDiver. The account can be created by filling out the registration form in which the User must provide a valid email address, username, and password. With registration, User represents and warrants that he or she is at least 14 years old and legally competent to use the Services. User is at his or her sole discretion responsible for keeping the respective account login information confidential and for any and all activities that occur under his or her account. We are only able to verify whether valid login information is used. User shall notify us immediately if he or she becomes aware of any unauthorized use of his or her login information or other breach of security on the Services.
- We may, at our sole discretion, refuse to offer the Services to any person or entity. Furthermore, we retain the right to deactivate, reallocate or rename any usernames at any time without giving any reason.
Copyright of ShapeDiver GmbH Content
- Elements within ShapeDiver (excluding User Content that is described in Pt 4 below), such as text, pictures, illustrations, publicly downloadable website source code as well as design and structure of ShapeDiver are subject to copyright and trademark protection and the protection of intellectual property. Unless ShapeDiver GmbH expressly agrees in writing, these elements may not be copied, sent, made available, presented, performed, modified, translated or utilised.
- User is granted a limited, any time revocable, royalty-free, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided by us as set forth in this T&C, only. Except as expressly permitted in this T&C, User may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services for any purpose without express prior written permission from us or the applicable rights holder. This does not, however, limit any rights according to §§ 40d and 40e Austrian Copyright Act.
- The right of use of ShapeDiver and connected Services, as granted in Pt 3.2 is limited to private use. Private users are allowed to reproduce the content or parts by electronic or printed copies. This permission is strictly limited to the personal, private and not-collective use of the information. Any commercial use of the Beta-Version of ShapeDiver or parts thereof, Content and data requires written permission from ShapeDiver GmbH, unless stated otherwise.
- All software used in connection with the Services belongs to us or to third parties, and except as may be required to exercise the foregoing license grant, any other use is prohibited. User accepts that we may update any software without notice, at any time and that this T&C will apply to any updated versions.
- During the use of the Services, registered Users may upload certain User Content including 3D models. "User Content" includes all the 3D models, images, and related content, as well as User's comments in the forum or the blog, uploaded by Users. User remains the sole owner of its User Content at all times and ShapeDiver GmbH does not claim any ownership rights.
- User is responsible for ensuring that any submitted User Content complies with all applicable laws and does not infringe any third party rights, as well as is neither offensive nor improper. Furthermore, User represents and warrants that User has all required rights according to his or her User Content. User shall fully indemnify and hold harmless ShapeDiver GmbH in this regard. Thus, User shall also inform ShapeDiver GmbH promptly about any legal complaint, claim or action related to his or her User Content.
- User is solely responsible for safeguarding his or her User Content, and ShapeDiver GmbH is under no obligation to save or store any copies of User Content for future availability. In addition, we reserve the right to delete, deny or limit access to any User Content provided by Users without giving any reason.
- User grants ShapeDiver GmbH a non-exclusive, royalty-free, any time revocable right to use, publish via ShapeDiver and third-party websites and modify the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services. In addition, User grants other Users a non-exclusive, royalty-free, any time revocable right to use, modify and publish its 3D models. The User is solely responsible for choosing the appropriate parameters of its 3D models that shall be allowed to be modified by other Users, as well as to decide if downloading shall be additionally allowed (eg via creative commons license). However, the full design space including all screenshots and any 3D representation of a model remain the property of its designer at all times.
- User can revoke his or her license by deleting the respective User Content on ShapeDiver, except for User Content contributed to the forum or as comments which is licensed under a Creative Commons Attribution-ShareAlike 4.0 International license (https://creativecommons.org/licenses/by-sa/4.0/).
User restrictions and obligations
- It is important that the Services are used safely and in accordance with the law. Thus Users are prohibited to use the Services, in particular but not limited to:
- Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services or any content except as permitted by Austrian Copyright Act
- Promote any illegal activity, or advocate, promote or assist any unlawful act
- Violate legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these T&C
- Transmit any material or content that is pornographic, obscene, improper, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, shocking, inappropriate for families, illegal, or otherwise objectionable
- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity
- Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group
- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods
- Use the Services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or our IT infrastructure, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or our IT infrastructure
- Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans)
- Distribute any part of or parts of the Website or the Service, including but not limited to any content, in any medium without our prior written authorisation, unless we make available the means for such distribution through functionality offered by the Service (like the ShapeDiver embeddable viewer)
- Access content through any technology or means other than the model view pages of the Platform itself, the ShapeDiver viewer, or such other means as we may explicitly designate for this purpose
- Otherwise use the Services for purposes other than those for which they were designed.
Data protection, declaration of consent in accordance with Sec 107 TKG
- Dealing sensitively with customer data is of the greatest importance for ShapeDiver GmbH. The collecting, processing and use of data is based on the applicable legal requirements, especially on the Austrian Data Protection Act ("DSG") and the Austrian Telecommunication Act ("TKG").
- ShapeDiver GmbH indicates that all personal data provided by Users – username, email address and password – are stored and used only for information purposes on ShapeDiver GmbH's services. ShapeDiver GmbH will not disclose personal information to third parties unless it is required by official authorities or law enforcement.
- You explicitly agree that we can use your contact details for information purposes on ShapeDiver GmbH's projects and services as well as for advertorial purposes within the meaning of Sec 107 TKG. You can revoke these consents at any time (eg via email or call). If you forward ShapeDiver GmbH's newsletter to third parties, you are obliged to meet the requirements of Sec 107 TKG and furthermore obtain the consent of the recipient prior to sending (opt-in). You are obliged to indemnify, defend and hold ShapeDiver GmbH harmless from and against any and all third party claims, damages, liabilities, costs and expenses (including attorneys' fees and expenses). If the consent to process personal information is revoked, ShapeDiver GmbH will immediately stop sending further information and/or marketing materials and delete all personal information.
Disclaimer of Warranty and Liability
- ShapeDiver is provided free of charge, "as is" and "as available" for use, without warranties of any kind, either express or implied. User Content available is provided by Users, only. ShapeDiver GmbH provides the Services with due care. However, according to the vast amount of data and the existing security risks of the Internet, it is not possible to entirely avoid errors, infringements by third parties or mistakes. In consideration of these circumstances, some information may not be up to date, complete or accurate. ShapeDiver GmbH cannot – according to the fact that Services are offered free of charge – guarantee for completeness, reliability, or timeliness of the provided content. ShapeDiver GmbH will make diligent efforts to eliminate any noticed errors as soon as possible.
- ShapeDiver GmbH can furthermore not guarantee that the Platform or the Services will be uninterrupted or error-free. Temporary connection interruptions may occur. ShapeDiver GmbH reserves the right to do maintenance work at any time.
- ShapeDiver GmbH does not have any influence on User Content and does not adopt it as its own. Accordingly, ShapeDiver GmbH is therefore neither responsible for User Content nor for its timeliness, completeness or accurateness.
- If a User finds precarious and/or inadmissible content, User may report it to reportabuse(at)shapediver.com. ShapeDiver GmbH will review reported content and make diligent efforts to eliminate infringing content, and to take legal action, as appropriate.
- According to the fact that Services are provided free of charge, ShapeDiver GmbH shall be liable for intent, injury of life, personal harm or injury of health and product liability act, only.
- User shall fully indemnify and hold ShapeDiver GmbH harmless from and against any claims arising out of (i) User's breach of these T&C, (ii) User's violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right and/or (iii) any claim that any of its User Content caused damage to a third party.
- Any legal dispute arising from the use of ShapeDiver shall be governed exclusively by Austrian substantive law, without giving effect to any principles of conflicts of law. In case of a consumer contract, the choice of law is effective to the extent that no more stringent consumer protection law at consumer's residence is applicable.
- All disputes directly or indirectly relating to or in connection with the use of ShapeDiver, including the question of the applicability of these T&C, shall be governed exclusively by the Austrian court having jurisdiction ratione loci and ratione materiae for 1010 Vienna, Austria. This does, however, not limit any choice of jurisdiction that may be provided by consumer protection law at consumer's residence.
Latest update: May 30, 2016