Terms of Service

Terms of Use

Welcome to blogs, sites and services provided by Embody 3D and its affiliated companies (the “Services”). You may not use our Services unless you agree to abide by the following terms.

BY USING OR BY SIGNING UP TO USE OUR SERVICES:

  • YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS (“Terms of Use”);
  • YOU CONSENT TO THE INFORMATION PRACTICES OF EMBODY3D PRIVACY POLICY; AND
  • YOU AGREE TO RECEIVE NOTICES AND TERMS FROM US ELECTRONICALLY.

If you do not agree, do not use our Services.

 

1. Changes to the Terms of Use

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of our homepage. If we make changes, you are bound by the new terms if you continue to use our Services.

 

2. About the Service; Registration

Our Services are intended for general audiences. If you sign up to use any of our Services, you agree to provide accurate information about you. You must keep this information up to date. You must be legally competent to enter into contracts. Certain features of Embody 3D, such as e-mail or online services, are available only to users who register with Embody 3D. Registration with Embody 3D is subject to the Embody 3D Registered User Terms of Service. Some areas on our Services may contain information and topics intended for a mature audiences, which may not be suitable for children, young teenagers or to some adults. You acknowledge that you review such areas and information at your own risk. You must be at least 18 years of age to access areas for mature audiences. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any area on a Service that may be intended for mature audiences only.

 

3. Additional Terms

If we offer features and sites where you can upload or download files, you agree that these features may be subject to supplemental rules that will be binding on you.

 

4. Electronic Delivery policy and Your Consent

You give us consent to provide you with required notices, agreements and information concerning our Services electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of our Services.

 

5. Privacy Policy

The Embody 3D Privacy Policy explains the practices that apply to your information when you use our Services. Your ongoing use of the Services signifies your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page.

 

6. Changes

We may discontinue or change any service or feature on our Services at any time and without notice.

 

7. Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access our Services. If you use a telephone line for access, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access our Services through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.

 

8. Your Responsibilities

You may use our Services for lawful purposes only. You may not engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, licensed professional, business or entity, including our employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • offers, promotes or encourages betting or wagering prohibited by law;
  • violates these Terms of Use, guidelines or any policy posted on our services, or
  • interferes with the use of our Services by others;
  • causes damage or impairs our servers or network;
  • interferes with any other party’s use and enjoyment of our Services; or
  • attempts to gain unauthorized access to our services, user accounts, computer systems or networks.

We may take any legal, disciplinary and technical remedies to prevent the violation of these Terms of Use.

 

9. No Spam

You may not transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages) through our Services. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use our Services to violate the terms of this section. We may terminate immediately your access to our Services and take any other legal action if you, or anyone using your access to our Services, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

 

10. Content and Proprietary Rights

We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on the Services own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on our Services are our trademarks. You acknowledge that our Services do not give or purport to give medical, legal, financial or other professional advice. Your use of any information from the Services is at your own risk.

 

11. Content You Post to Public Areas

Certain areas of our Services may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on our Services that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of our Services, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

 

12. No Duty to Monitor

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

 

13. Procedure for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on a Service in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.

 

14. Third Party Sites, Advertisers

Our Services may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on our Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

 

15. International Use

We make no representation that Content on the Services is appropriate or available for use in locations outside of Australia, and accessing it from territories where the Content is illegal is prohibited. If you choose to access a Service from a location outside of Australia., you do so on your own initiative and you are responsible for compliance with local laws.

 

16. Sever-ability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

17. Termination

Your right to use our Services automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with our Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of our Services, for any reason, with or without notice.

Updated: 27.11.2009