Terms and Conditions

Terms of Use Agreement

The effective date of this Terms of Use Agreement (“Agreement”) is January 1, 2014.  This version of the Agreement replaces and supersedes any prior terms of use applicable to the Simplify3D website located at / (the “Site”).

This Site is owned by Simplify3D and all associated and affiliated websites, domains, and businesses owned, managed and controlled by Simplify3D, Inc. (“Simplify3D;” “we”, “us” and “our”, as applicable). We provide this Site and related services to you (the “user”, “you”, and “your”, as applicable), the user of this Site, only for your personal, private, and domestic use, subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the services associated therewith. Your use of this Site and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this Site.

Changes to this Agreement

We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised terms and conditions.

Rules for Community/Forum

Here are some common-sense rules that will help you steer clear of trouble:

• You are responsible for everything you post.
• You agree not to use the Site for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity.
• If you are under 13 years of age, you may not post or view this site. This site is not designed for or intended for anyone under 13. If you are under 13, you may not enter this site.

General Use and Site License

You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein. Further, you agree not to do any of the following:

• Modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Simplify3D or to make derivative use of the Site or its contents.
• Make commercial use of the Site or any of its contents.
• Download or copy any account information that is not your own for your own use or for the benefit of another party.
• Bypass any technical measures used to prevent or restrict access to any portion of the Site.
• Reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser.
• Use any data mining, robots, or similar automated data gathering and extraction tools to access the Site.
• Violate or attempt to violate the security of the Site or to interfere with or attempt to interfere with the proper working of the Site.
• Alter or modify, or attempt to modify, any part of the Site.
• Gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means.
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.

You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.

You are responsible for your computer and access to the services provided. You are solely responsible for any and all activities carried out by using your computer, including the need to take adequate precautions to safeguard against trojans, spyware, malware, viruses, and other threats to their security and that of any network to which they are connected.

Private and Personal Use Only

You may not make the Site or any software or applications available or downloaded in connection with the Site available to third parties.

You acknowledge that the Site and all related services may only be used if the legal and technical conditions are fulfilled. It is your sole responsibility to make sure that your computer, IT systems, software and components fulfill the system requirements in order to be able to use the Site and its related services and that the contract between the you and your ISP permit the use of the Services, in particular regarding bandwidth use.

Members are solely responsible for the costs of accessing/using the services provided.

Your Account

Before you can make use of certain services associated with this Site, you must register with the Site and create a user account. Membership is free and limited to one account per member.

The creation of a user account allows you the ability to create a personalized user profile, participate on the Site, chat with other members, among other items. We reserve the right to add to, delete, or change any membership.

An account is required for purchases through the Site. Payment for purchases through the Site store is processed through a third party payment provider designated by Simplify3D. Such third party providers are solely responsible for all financial transactions and the security of your financial data and transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information, registration information and payment information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.

You may have the ability to post certain information and agree and understand that such postings are pursuant to the all of the terms and conditions herein. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.

We will use personally-identifying information in connection with the purpose for which you provided it (e.g., to contact you with a response to a request for information or consideration). By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).

Intellectual Property Rights

Unless otherwise noted, all non-submitted content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Simplify3D or their suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the non-user submitted content on this Site is either the property of Simplify3D or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of Simplify3D and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Simplify3D’s ownership of the Site and its content.

All content made available on the Site, including but not limited to audio, video, software, sounds, text, multimedia applications, and images (“Content”) may not be temporarily or permanently stored or copied on your hard disk unless in strict accordance with Section 70 of the Copyright Designs and Patents Act. Nor may you otherwise make the Site and/or Content available to third parties, e.g. by modifying, circumventing, or removing any Digital Rights Management (DRM) functions and procedures, by selling, leasing, sublicensing, distributing, broadcasting, transmitting, modifying, translating or otherwise amending the services including conversions of content into other formats etc.

You may not provide links to this Site, nor use this Site either embedded within another website (“I-Frames”) nor may you use or distribute URLs to allow others to do so nor may you misuse the Site and its related service.

The trademarks, logos, and service marks displayed on this Site are owned by Simplify3D and other third parties, and this Site’s trade dress is owned by Simplify3D. All trademarks not owned by Simplify3D are the property of their respective owners, and, where used by Simplify3D, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Simplify3D’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Simplify3D’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.

Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Submission of Content and User Activity

Users who create a user account will have the ability to post their own Content that can be read, viewed, commented on, and discussed by the community. From time to time, we may also make available on this Site services, features or sections that allow users to post or upload additional materials to the Site or to our servers. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Simplify3D, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or any associated services.

We may also provide you services, features, and/or sections that allow users to post or upload links to materials, content, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials posted on other websites and domains publicly transmitted (“Non User Content”).

You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify Simplify3D or their affiliates for all claims resulting from or related to Content you post or submit.

You grant the following license with respect to any and all Content you post or submit to this Site: you hereby expressly grant to Simplify3D a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.

You understand that by using the Site, you may be exposed to Content and Non-User Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

The opinions expressed in postings or other Content or Non-User Content on this Site are not necessarily those of Simplify3D or their content providers, advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or Non-User Content or determine whether the Content or Non-User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

We are not obligated to regularly review, monitor, delete or edit the Content or Non-User Content of the Site as submitted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or Non-User Content, or from our alteration or deletion of any Content or Non-User Content, even when we are advised of the possibility of such damages.

You acknowledge, consent and agree that Simplify3D may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Simplify3D, their affiliates, their personnel, other users and the public.

Advertising

When using the Site and related services, advertisements may be visible and audible on the Site. You acknowledge and accept that Simplify3D is neither responsible nor liable for the content of such advertisements nor for the compliance of such advertisement with applicable laws.

Further, when viewing Content on the Site, advertisements may be visible on your screen for a certain period of time. Simplify3D may also use other means of advertisement such as banners, links, interactive and virtual advertisement, split screens etc. You agree to being exposed to advertisements in general and targeted advertisements in particular.

You acknowledge and agree that Simplify3D is neither responsible nor liable for the content of such advertisement nor for the compliance with applicable laws.

Site Promotions and Transactions

We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.

Links to Third Party Sites

This Site may contain links to third-party websites, Non-User Content, or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 content, goods or services available on or through any such site or resource. Use of such links is at your own risk.

Disclaimer of Warranties; Indemnification; Resolution of Disputes

Simplify3D provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Simplify3D, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY SIMPLIFY3D ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMPLIFY3D MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLIFY3D DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, SIMPLIFY3D MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SIMPLIFY3D IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. SIMPLIFY3D DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, SIMPLIFY3D IS NOT RESPONSIBLE FOR THOSE COSTS.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. SIMPLIFY3D DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT ITS’ SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF SIMPLIFY3D ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, SIMPLIFY3D DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND SIMPLIFY3D, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

SIMPLIFY3D WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF SIMPLIFY3D HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SIMPLIFY3D WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON SIMPLIFY3D’S COMPUTERS AND/OR SERVERS. SIMPLIFY3D WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF SIMPLIFY3D’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SIMPLIFY3D, ITS SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO SIMPLIFY3D TO ACCESS ITS SERVICES AND/OR SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend and hold harmless Simplify3D, their subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.

You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Simplify3D with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.

You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.