The following terms and conditions govern all use of the GrabCAD.com website and all content, services and products available at or through the website (collectively, the “Website”). The Website is owned and operated by GrabCAD, Ltd. (“GrabCAD”). The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GrabCAD’s Privacy Policy) {CS – as indicated in Section 13, a link to the Privacy Policy should be added to these Terms}and procedures that may be published from time to time on this Site by GrabCAD (collectively, the “Agreement”). The terms “you”, “your”, “user”, or “users” refer to anyone accessing our services or the Website for any reason including, without limitation, a company or individual representing a business that registers on the Website (each, a “Company”), or anyone else who accesses the Website. The terms “GrabCAD”, “we”, “us”, or “our” refer to GrabCAD.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. Your use of the Website is conditioned upon your acceptance of and compliance with the terms, conditions, restrictions and notices contained herein. GrabCAD may amend or modify these Terms of Use without notice at any time by updating this posting. Your continued use of the Website after any amendments or modifications to these Terms of Use constitutes your agreement to be bound by all such amendments or modifications.The Website is available only to individuals who are at least 18 years old.
1. Your GrabCAD Account. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify GrabCAD of any unauthorized uses of your account or any other breaches of security. GrabCAD will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you upload models to the Website, post material to the Website, post links or comments on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (hereinafter referred to as “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, or CAD files. By making Content available, you represent and warrant that:
- you are only uploading Content which you have created and/or in which you have all legal rights, title and interest in and to;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- you shall not submit, upload to, distribute through or otherwise post to the Website any material that: (a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; (b) contains any advertising, promotional, solicitation or other commercial material, other than providing the uniform resource locator (“URL”) of your own website; (c) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or (d) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. GrabCAD and its affiliates have no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities. You may not: (a) use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Website or the Content without the prior written permission of GrabCAD; (b) contract employers or freelancers through the Website or using Content for the purpose of encouraging them not to use the Website or any other services offered by GrabCAD; or (c) engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
You hereby indemnify GrabCAD from and against any claims, losses, liabilities, costs and expenses (including any legal fees incurred) from any third-party claims resulting from breaches of this Section 2.
3. By submitting Content to GrabCAD for inclusion on your account, you grant GrabCAD a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the website and its services. If you delete Content, GrabCAD will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, GrabCAD has the right (though not the obligation), as it determines in it’s sole discretion, to (i) refuse or remove any content that, in GrabCAD’s reasonable opinion, violates any GrabCAD policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Subject to Section 4 below, Content made available through the Website maybe subsequently uploaded by you after you have modified, adapted or further developed it.
4. Content Posted on GrabCAD. All content submitted by the Contributors is for non-commercial use only, unless otherwise agreed in writing with the Contributor.
5. Responsibility of Website Visitors. GrabCAD has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for such Content, use or effects. By operating the Website, GrabCAD does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GrabCAD disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content posted there.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and web pages to which GrabCAD.com links, and/or which link to GrabCAD.com. GrabCAD does not have any control over those websites and web pages, and is not responsible for their content or their use. By linking to a website or web page, GrabCAD does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GrabCAD disclaims any responsibility for any harm resulting from your use of non-GrabCAD websites and web pages.
7. Copyright Infringement and DMCA Policy. As GrabCAD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GrabCAD.com violates your copyright or any other intellectual property right, you are encouraged to notify GrabCAD immediately. GrabCAD will respond to all such notices, as required or as appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of GrabCAD or others, GrabCAD may, in its sole discretion, terminate or deny access to and use of the Website.
8. Intellectual Property. This Agreement does not transfer from GrabCAD to you any GrabCAD or third party intellectual property rights, and all such right, title and interest in and to such property will remain (as between the parties) solely with GrabCAD. GrabCAD’s logo, and all other trademarks, service marks, graphics and logos used in connection with GrabCAD, or the Website are the proprietary rights of GrabCAD. Other trademarks, service marks, graphics and logos used in connection with the Website may be the proprietary rights of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GrabCAD or third-party trademarks.
9. Changes. GrabCAD reserves the right, at any time and in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. GrabCAD may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. GrabCAD may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GrabCAD.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Limitation of Liability; Disclaimer of Warranties. By using the Website, you hereby agree to fully indemnify GrabCAD from and against any third-party claims relating to alleged infringement by you, as applicable, of a third party’s intellectual property rights. GrabCAD and its affiliates make no representations or warranties of any kind regarding the Website and the Content. The Website and Content are provided in “AS IS” condition, and GrabCAD and its affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE WEBSITE AND THE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE CONTENT. No advice or information, whether oral or written, obtained by You from GrabCAD, an affiliate of GrabCAD or through the Website or Content will create any warranty not expressly stated herein. ANY AND ALL USE THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK, AND NEITHER GRABCAD NOR ANY AFFILIATE OF GRABCAD WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM GRABCAD OR AN AFFILIATE OF GRABCAD ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR CONTENT, EVEN IF GRABCAD OR AN AFFILIATE OF GRABCAD HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Your General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the GrabCAD Privacy Policy {CS – need to attach a URL for the Privacy Policy here}, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside).
13. Your Indemnification. You agree to indemnify and hold harmless GrabCAD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between GrabCAD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GrabCAD, or by the posting by GrabCAD of a revised version. With respect to users of the Website which are located in the United States of America, the terms and conditions of this Agreement shall be governed under the laws of the Commonwealth of Massachusetts and you and GrabCAD hereby agree to venue in the appropriate courts located in Boston, Massachusetts, to resolve any disputed hereunder. With respect to users of the Website which are located outside of the United States of America, you and GrabCAD the terms and conditions of this Agreement shall be governed under the laws of the Republic of Estonia and you and GrabCAD hereby agree to venue in the appropriate courts in the Republic of Estonia to resolve any disputes hereunder.
This TOS is an adapted version of WordPress.com TOS, shared under the Creative Commons Sharealike licence.
