3DBear Terms of Service

Introduction

These Terms of Service govern the use of the online learning and teaching service “3DBear”. By using the Service, you indicate to agree to these terms of service and agree to abide by them.; if you don’t agree, do not use the Service. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is the User’s responsibility to periodically check-up these Terms of Service for changes. Changes will be notified to all users on the front page of the Service. Continued use of the Site by the User following the posting of changes will imply that the User accepts and agrees to the changes. As long as the User complies with these Terms of Service, the Company grants to the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Definitions

As used in this Agreement, the following capitalized terms shall have the meaning set out below.

“Agreement” means these 3DBear Terms of Service, which the User is entering by signing up or otherwise using the Service provided by 3DBear.

“User” shall mean the entity or person having ordered the 3DBear Service hereunder.

“Company” shall mean 3DBear Oy (business ID: 2778736-8)

“Party” shall mean User or 3DBear (jointly the “Parties”).

“Service” means the online learning and teaching service provided by the Company, which allows the User to to create virtual models, teach students using the software and share creations with a community under certain terms and conditions as set forth in this Agreement.

3DBear Website” means the website of 3DBear, 3dbear.io.

“Service Fees” shall mean the fees charged by 3DBear from time to time from User as communicated on the 3DBear Website.

“Free Version” means any versions of the Service from time to time available to Users for trial and other use free of charge.

“Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

“Customer Data” shall mean all User’s data that a User or another Party acting on the User’s behalf generates in or submits to the Service.

“User Content” shall mean the content posted or uploaded by the User (which may include for example, pictures, text, messages, information, designs, models and/or other types of content).

Use of Service

Service and paid subscription

3DBear provides an online learning and teaching service provided by the Company, which allows the User to to create virtual models, teach students using the software and share creations with a community by using a computer, a mobile or other compatible device. Certain features of the Service are provided to you free-of-charge, but you agree and acknowledge that some features of the Service will not be available. These features require payment before you can access them.

3DBear provides the service for private users as well as for use by public and private educational entities, depending on the purchased Service. Misuse of the Service may lead to the termination of the Agreement by 3DBear.

3DBear may from time to time offer trials of the Service for a specified period without payment or at a reduced rate. 3DBear reserves the right, in its absolute discretion, to determine your eligibility for an offer trial and, subject to applicable laws, to withdraw or to modify an offer trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For the offer trial, we may require you to provide your payment details to start the trial. At the end of such trials, we may automatically start to charge you for the Service on the first day following the end of the offer trial. If you do not want this charge, you must cancel the applicable paid Service through your account’s subscription page or terminate your Service account before the end of the trial period.

Eligibility

In order to subscribe to the Service, you need to be at least 18 years old.

User’s obligations and rights

All content on the Service and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound, designs, models and other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors with all rights reserved. 3DBear grants you a limited, non-exclusive, revocable license to make personal, non-commercial, use of the Content.

The User promises and agrees to use the Content for his own personal, non-commercial use and that you will not redistribute or transfer the Service or the Content.

In the case that the Service is used by a public or private educational entity for educational purposes, the User promises and agrees to use the Content only as a part of the educational practises of the entity. The User promises and agrees that the Service or the Content will not be redistributed or transferred.

The Service and the Content are licensed, not sold, to you, and 3DBear and its licensors retain ownership of all copies of the Service and Content even after installation on your personal computers, mobile handsets and/or other relevant devices.

When registering, the User shall provide true, current, accurate and complete information as prompted by the registration form and update such information in order to keep it current.

Usage restrictions

The User is not permitted and not entitled to permit others to do any of the following, regardless of using the Service for the User’s own personal use or as part of the educational practise of a public or private educational entity:

·         use the Service and the Content available through the Service, for other than personal, non-commercial, educational use;

·         copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise make any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;

·         use the Service and the Content available through the Service in any manner that could damage, disable, overburden or impair the Service or the Content available through the Service;

·         use any data mining, robots, scraping, or similar data gathering or extraction methods;

·         sign up for an account on behalf of someone else or of any group or entity;

·         use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the Content available through the Service, except as provided herein;

·         interfere with the other Users’ use and enjoyment of the Service;

·         circumvent or try to circumvent any usage control or anti-copy functionalities of the Service;

·         reverse engineer or decompile the Service or access the source code thereof, except as permitted by law;

·         use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;

·         use the Service in violation of applicable law;

·         to use the Service in ways that violate intellectual property rights, business secrets, or privacy rights of third parties;

·         use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.

Data Processing

3DBear acts as data controller in relation to any personal data 3DBear might collect and process in relation to User’s subscription and use of the Service, such as contact details, payment information, and identification data on the User and the Users. 3DBear processes such personal data in accordance with its Privacy Policy in force from time to time.

User Content

User may post and upload content to the Service. User shall promise that, with respect to any User Content posted on 3DBear, you have the right to post such User Content, and such User Content, or its use by 3DBear as contemplated by the Agreement, does not violate the Agreement, applicable law, or the third party intellectual property rights (including without limitation copyright).

You are solely responsible for all User Content that you post. 3DBear is not responsible for User Content nor does it endorse any opinion contained in any User Content.

The User grants 3DBear a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Fees and Payment

Service Fees

In return for User’s use of the Service, the User shall pay the Service Fees as set out on the 3DBear Website.

All payments made in accordance with this Agreement are non-refundable. For clarity, in the event of early termination during a subscription Period, the User shall not be entitled to a refund of any prepaid fees.

Payment terms

Payment for the use of the Service shall be made in advance. Payment shall be made through the use of a credit card.

Price adjustments

3DBear shall be entitled to adjust the fees and charges of the Service at any time by 30 days prior notice. The change shall not affect the fees and charges for subscription Periods commenced before the effective date of the change.

Limited Warranty

3DBear will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, 3DBear reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof.

The User shall understand, agree, and accept that 3DBear has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. 3DBear and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

The Service is provided “as is” and “as available” without express or implied warranty or condition of any kind. This does not affect your statutory rights as a consumer.

Liability

In no event shall 3DBear be liable for any damages arising from the User’s access or use of the Service, or directly caused by the Service.

 Termination

The Agreement will continue to apply to you until terminated by either you or 3DBear. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content (including feedback) is irrevocable and will therefore continue after expiry or termination of any of the Agreement for any reason. 3DBear may terminate the Agreement or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, or non-compliance with the Agreement.

You may terminate the Agreement at any time.

If you or 3DBear terminate the Agreement, or if 3DBear suspends your access to the Service, you agree that 3DBear shall have no liability or responsibility to you and 3DBear will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. 

Entire Agreement

This Agreement supersedes all prior agreements, arrangements, and understandings between the Parties relating to the subject matter hereof, and constitutes the entire agreement between the Parties relating to the subject matter hereof.

Severance

If any provision of this Agreement is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

Assignment

3DBear shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets without the User’s prior consent.

The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

Applicable law and dispute resolution

This Agreement shall be governed by and construed in accordance with the laws of Finland, except for its provisions on choice of law.

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland.

 3DBear Oy | Siltavuorenpenger 7, 00170 Helsinki | Asiakaspalvelu: support@3dbear.io | Y-tunnus: 2778736-8 | 3dbear.io

 

 

 

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