3DBear Terms of Service


Europe

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

 

USA

3DBear Terms of Service

Welcome to 3DBear, Inc.!  Before using 3DBear, Inc.’s (together with any parent or subsidiary, (“3DBear”, “us”, “our”, and “we”) website (https://www.3dbear.io/), software, products, mobile application(s), and services (together, the “Services”, “our Services”, or “3DBear’s Services”), it is important that you carefully read the following agreement.  The website located at https://www.3dbear.io/ (the “Site”) is a copyrighted work belonging to 3DBear.  Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted as appropriate in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Service.

THESE TERMS OF SERVICE (THE “TERMS”) ALONG WITH 3DBEAR’S PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF 3DBEAR’S SERVICES.  BY USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 13 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.3) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Accounts

  2. Account Creation.  In order to use certain features of 3DBear’s Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in our Privacy Policy.  3DBear may suspend or terminate your Account in accordance with Section 8.

  3. Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify 3DBear of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. If you are creating an Account as a school official and/or teacher, you agree that you are responsible for obtaining any necessary parental and/or student consent for the use of the Services.  Providing access to the services without such consent is a violation of these Terms. 3DBear cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  4. Access to the Site

  5. License.  Subject to these Terms, 3DBear grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.

  6. Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on any Service) must be retained on all copies thereof.

  7. Modification.  We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you.  You agree that 3DBear will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

  8. No Support or Maintenance.  You acknowledge and agree that 3DBear will have no obligation to provide you with any support or maintenance in connection with the Services.

  9. Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content are owned by 3DBear or our suppliers.  Neither these Terms (nor your use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. 3DBear and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

  10. Compliance with Law.   You are responsible for using the Services in compliance with all applicable federal and state laws and regulations.  You shall not use the Services in violation of any applicable law.

  11. Use by Children Under 13.  The Children’s Online Privacy Protection Act (“COPPA”) requires that all online service providers, including 3DBear, obtain parental consent before knowingly collecting personally identifiable information from children under the age of 13.  3DBear does not knowingly collect or solicit any personally identifiable information from children under the age of 13 except as set forth in this Section 2.7. Children under the age of 13 are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with COPPA.  If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonably prudent amount of time. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us at support@3dbear.fi.  

  12. Accessibility.  3DBear is committed to ensuring that the Services remain accessible to all individuals, regardless of disability.   3DBear will take reasonable steps to ensure that the Services meet common industry standards for accessibility and materially comply with the requirements of the Americans with Disabilities Act (“ADA”), as applicable.  If you have any suggestions about improvements 3DBear can make to enhance the accessibility of the Services, please contact us at support@3dbear.fi.  

  13. User Content

  14. User Content.  “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings).  You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by 3DBear. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

  15. License.  You hereby grant (and you represent and warrant that you have the right to grant) to 3DBear an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

  16. Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:

  17. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

  18. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to our Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) our Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

  19. Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

  20. Feedback.  If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to 3DBear all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  3DBear will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to 3DBear any information or ideas that you consider to be confidential or proprietary.

  21. Your Data.  3DBear is subject to certain laws and regulations, some of which are described below.  Please visit our Privacy Policy for more information on how we collect, use, and safeguard “Data.”

  22. 3DBear will materially comply with all applicable federal and state student privacy laws and regulations.  We will provide access to Sensitive Information pertaining to K-12 students only to our employees and subcontractors who need to access the data.

  23. Sensitive Information” means, collectively, (1) personally identifiable information as defined in the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”); (2) educational records, as defined in FERPA (34 C.F.R § 99.3); pupil records as defined in California Education Code section 49703.1; and covered information as defined in California Business & Professions Code section 22584 (“SOPIPA”).

  24. Consent to Contact by 3DBear.  Through your use of the Services, 3DBear may contact you (including via SMS text messages, email, and push notifications).  Such contacts are intended, among other things, to enhance your experience using the Services and to offer you the opportunity to try other 3DBear Services.  Please note that your carrier may charge you for text messages you receive from 3DBear. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO SUCH CONTACTS BY 3DBEAR.  

  25. To permanently stop receiving SMS text messages from 3DBear (if you are located in the U.S. or Canada) text STOP, CANCEL, or UNSUBSCRIBE in reply to any SMS text message sent by 3DBear.  

  26. To permanently stop receiving emails from 3DBear, click the “Unsubscribe” link at the bottom of an email sent by 3DBear and follow the applicable instructions.

  27. To shut off push notifications from the 3DBear mobile application, please follow the instructions from your mobile phone manufacturer.

  28. Indemnification.   You agree to indemnify and hold 3DBear (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  3DBear reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 3DBear. 3DBear will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  29. Third-Party Links; Other Users

  30. Third-Party Links.  The Services may contain links to third-party websites and services (collectively, “Third-Party Links”).  Such Third-Party Links are not under the control of 3DBear, and we are not responsible for any Third-Party Links.  3DBear provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.  You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

  31. Other Users.  Each Service user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users.  You agree that 3DBear will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

  32. App Stores.  You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”).  You acknowledge that this Agreement is between you and 3DBear and not with the App Store.  3DBear, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce the terms of this Agreement.

  33. Additional Terms for Apple App Store Sourced Applications.  With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  34. You acknowledge and agree that (i) this Agreement is concluded between you and 3DBear only, and not Apple, and (ii) 3DBear, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

  35. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

  36. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between 3DBear and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of 3DBear.

  37. You and 3DBear acknowledge that, as between 3DBear and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  38. You and 3DBear acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between 3DBear and Apple, 3DBear, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

  39. You and 3DBear acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

  40. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

  41. Release.  You hereby release and forever discharge 3DBear (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  42. Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND 3DBEAR (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  

 

  1. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 3DBEAR (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF 3DBEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   

  1. Term and Termination.   

  2. Termination; Effect of Termination.  Subject to this Section, these Terms will remain in full force and effect while you use the Services.  We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  3DBear will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.

  3. Deletion of Sensitive Information.  Upon termination of your Account, you may request that 3DBear delete any Sensitive Information from its live databases and 3DBear agrees to take commercially reasonable steps to honor such request in a reasonable amount of time not to exceed ninety (90) days.  You understand and agree that 3DBear may continue to have Sensitive Information in archive files or similar databases. You further agree that 3DBear has no obligation to delete aggregated or de-identified information. 3DBear may retain and use aggregated and de-identified information for any purpose that is consistent with applicable federal and state laws and regulations.

  4. Copyright Policy.

3DBear respects the intellectual property of others and asks that users of our Services do the same.  In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;

  2. identification of the copyrighted work(s) that you claim to have been infringed;

  3. identification of the material on our services that you claim is infringing and that you request us to remove;

  4. sufficient information to permit us to locate such material;

  5. your address, telephone number, and e-mail address;

  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

The designated Copyright Agent for 3DBear is: Jussi Kajala

Designated Agent: Jussi Kajala

Address of Agent: WeWork Irving Place, 33 Irving Pl, New York, NY 10003

Telephone: +1 (914) 8606

Email: jussi@3dbear.io

   

  1. General

  2. Fees.  The Services are currently free for users registered through a valid and active school account.  Other users may be charged a fee (which may change from time to time) through the applicable app store.  3D Bear reserves the right to change its fee policies on thirty (30) days’ notice and continued use of the Services constitutes acceptance of those policy changes.

  3. Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  4. Dispute Resolution; Mandatory Arbitration. Please read this Arbitration Agreement carefully.  It is part of your contract with 3DBear and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  5. Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by 3DBear that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and 3DBear, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

  6. Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to 3DBear should be sent to: 3DBear, Inc., WeWork Irving Place, 33 Irving Pl, New York, 10003 NY. After the Notice is received, you and 3DBear may attempt to resolve the claim or dispute informally.  If you and 3DBear do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

  7. Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that 3DBear made to you prior to the initiation of arbitration, 3DBear will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

  8. Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

  9. Time Limits.  If you or 3DBear pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

  10. Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and 3DBear, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and 3DBear.

  11. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and 3DBear in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND 3DBEAR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

  12. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  

  13. Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

  14. Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

  15. Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

  16. Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with 3DBear.  

  17. Small Claims Court.  Notwithstanding the foregoing, either you or 3DBear may bring an individual action in small claims court.

  18. Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

  19. Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

  20. Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wilmington, Delaware for such purpose

  21. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from 3DBear, or any products utilizing such data, in violation of the United States export laws or regulations.

  22. Disclosures.  3DBear is located at the address in Section 10.11. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

  23. Electronic Communications.  The communications between you and 3DBear use electronic means, whether you use the Site or send us emails, or whether 3DBear posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

  24. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  Your relationship to 3DBear is that of an independent contractor, and neither party is an agent or partner of the other.

  25. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  

  26. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without 3DBear’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  3DBear may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

  27. Copyright/Trademark Information.  Copyright © 2018 3DBear, Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

  28. Contact Information:

3DBear, Inc.

WeWork Irving Place

33 Irving Pl, New York

10003 NY