Last Updated: October 29, 2013
Your access to and use of this Service is governed by these Special Service Terms and the Terms of Service (“Terms of Service”), which Terms of Service incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).
I. MEMBERSHIPS AND SUBSCRIPTIONS
A. Membership Plans.
II. HOW YOU AND OTHERS CAN USE YOUR CONTENT
A. Your Content Shared. The Service may permit or require you to share Your Content to one or more public area(s) designated for that purpose, including on our web site(s). If that is the case, by uploading, posting, publishing, transmitting, displaying, distributing, emailing, saving, sharing or otherwise transmitting or making available Your Content to a public area of the Service or through the Service to another public location:
B. Keeping Your Content Non-public. The Service may also permit you to choose not to post or publish Your Content onto public area(s) designated for sharing (e.g., Your Content published into a private area on our web site(s) or, to the extent allowed by the Service, emailed to or Accessed by solely your authorized designees, or Your Content using our Software without posting or publishing onto a public area of the Service). In these situations, subject to these Terms, your right to use Your Content created or modified using the Service is outlined in the Entitlements Page for the Service, located at www.123Dapp.com/premium. To the extent possible, we will not expressly authorize Your Content to be shared publicly with others (e.g., subject to data security limitations of servers). You automatically grant to us and our sub-licensees (and warrant that the licensor of such rights has expressly granted to us and our sub-licensees) a perpetual, irrevocable, non-exclusive, royalty-free, paid-up, worldwide, sublicensable (through multiple tiers) license to have Access to, store, display, reproduce, modify, use, disclose, distribute and transmit such Your Content for purposes of providing, maintaining, repairing, protecting, organizing and/or otherwise administering or providing to you products, services and/or features on the Service (e.g., allowing Your Content to be emailed to or Accessed by your authorized designees), to comply with applicable laws/regulations/legal proceedings, in the ordinary course of our (or our designated third parties’) providing, improving and/or modifying the Service or any of products and/or services, including extracting, compiling, aggregating, synthesizing, using, and otherwise analyzing all or any portion of Your Content and information, and to disclose such Content and information and the results of any such analysis in aggregated form or any other form that does not specifically identify you unless emailed to or Accessed by your authorized designees or otherwise permitted by these Terms.
III. HOW YOU CAN USE OUR MATERIALS:
A. Our 3D Models. Subject to these Terms and applicable law, you may use our 3D Models made available through the Service as outlined in the Entitlements Page for the Service, located at www.123Dapp.com/premium.
B. Autodesk Free Content License. Subject to the restrictions contained in the Entitlements Page for the Service, located at www.123Dapp.com/premium, if one of our 3D Models is denoted with the “Autodesk Free Content License” you are granted a non-exclusive, worldwide, license to reproduce, post, promote, license, publicly perform, publicly display, digitally perform or distribute or create derivative works using such of such 3D Models, for non-commercial purposes only and subject to these Terms [including Section III (A) above and Section III (C) below] and any applicable License Agreement. Without limitation, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain, as between you and us, our sole property. You must at all times retain all copyright, trademark and other proprietary notices on all of Our Materials used by you. Expressly prohibited from the Autodesk Free Content License is any use by which our 3D Models are extracted, reverse engineered, decompiled, separated or disassociated from the Software or from outputs of the Software and/or are used or distributed as stand-alone products. For illustration, approved distribution or use of our 3D Models includes, but is not limited to, as part of: a 3D design created using the Software, a background photograph for a 3D design created using the Software, a physical object (such as an object, figure or model) created using the Software, a photo, still image, drawing or rendering generated within and used only with the Software, and assembly instructions prepared using the Software.
C. Our Materials Other than 3D Models: Your use of Our Materials in the form of Software, 2D files, 3D files or other software that is owned, licensed, uploaded and available by us for download by or through this Service is limited to the object code of the Software and such use is governed by the terms of the License Agreement applicable to the Software. You may not download, upload, install or Access any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement terms. If Software is made available from the Service, it is permitted solely for use by Users in accordance with the applicable License Agreement and to these Terms. Except to the extent expressly authorized under applicable law overriding any of the restrictions contained in this Section III(C), you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, decompile, reverse engineer, disassemble, separate, disassociate or attempt to derive source code from the Software. Without limiting the foregoing, copying, reproduction or redistribution of any of Our Materials (including any Software) to any other web site, server or location for further reproduction or redistribution is expressly prohibited unless such reproduction or redistribution is expressly permitted by any License Agreement accompanying such Software.
D. Other Restrictions; Conflicting Terms.
IV. OWNERSHIP RIGHTS:
A. Your Content. As between you and us, you are the owner of Your Content. “Your Content” expressly excludes all of Our Materials and all “Excluded Materials” (defined below).
B. Our Materials. Expressly excluding Your Content and any Third Party Materials, any and all materials issued and authorized by us and used in connection with the Service including, but not limited to, Content listed as “Licensed Under Autodesk Free Content License,” models, textures, images, image files, photos, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images and software including Software (collectively, “Our Materials”) is the copyrighted work or other intellectual property of Autodesk, its subsidiaries, affiliates, licensors and/or suppliers. Nothing in these Terms should be construed to give you or anyone else any right, title or interest in any of Our Materials and, except as expressly set forth herein, any and all rights and licenses not expressly granted to you by these Terms are hereby expressly reserved by us. You and we do not intend to merge any of Our Materials and Your Content into inseparable or interdependent parts of a unitary whole, and no joint works are to be created or shall be deemed to have been created hereunder.
C. Excluded Materials: “Excluded Materials” means any additions, subtractions, modifications, alterations or other changes to our 3D Models that are not either protectable as separate copyrightable matter. Excluded Materials may constitute Third Party Materials, but we reserve the right to claim ownership therein if and to the extent that Our Materials are used in connection therewith. “Third Party Materials” means any and all designs, design files, software, code, technology, documentation and/or other materials, proprietary systems and all related files, programs and other intellectual property (expressly excluding any Our Materials) to the extent owned by or licensed from a Third Party. A “Third Party” is any person, firm or entity that is not either you, us or our respective employees, officers, directors, subsidiaries or affiliates.
V. HOW YOU CAN CONTACT US
If have any questions regarding the Service or you want to contact us, please direct your communications as follows: