Terms of Services

This page states the terms and conditions (hereinafter “Terms of Use”) governing Your use of the 3DS Website https://enterprise-home.by.me and its home.by.me derivatives (or any other address which could be substituted for it) through which the Service is made available to You (hereinafter “3DS Website”).

Please read these Terms of Use carefully. These Terms of Use may be updated and amended from time to time. Please check the Terms of Use published on the 3DS Website regularly to ensure that You are aware of all terms governing it, as You will be bound by the Terms of Use in force at the time You use the 3DS Website.

 

  1. ACCEPTANCE OF TERMS OF USE

Welcome to 3DS Website, a service provided by Dassault Systèmes (hereinafter “3DS”), a French “société européenne”, registered under the number 322 306 440 RCS Versailles, with its principal place of business at 10 rue Marcel Dassault – CS 40501 – 78946 Cedex – Vélizy Villacoublay, France (hereinafter “We”, “Our”, “Us”).

By using the 3DS Website, by providing Us information, by using the services offered by the 3DS Website, You signify that You agree to be bound by these Terms of Use. These Terms of Use govern the relationship between 3DS and You and prevail over any other document. If You do not accept these Terms of Use, You agree not to use and proceed with the navigation of the 3DS Website.

 

  1. DEFINITIONS

“Terms of Use” means these terms and conditions and any of their subsequent modifications and updates.

“Content” means any publication You write and any comment, observation, suggestion, remarks and/or message You post via the 3DS Website, to the exclusion of all other content, in particular those elements belonging to 3DS, and for which You benefit from a user license in accordance with these Terms of Use.

“Element” means any other element besides the Content, and particularly those elements which are accessible and/or made available by 3DS via the Service and/or 3DS Website, such as, but not limited to, editorial content, data, information, texts, files, models (2D or 3D), images whether animated or not, photographs, videos, sounds, logos, designs, brands, software.

“User”, “You” or “Your” is used to designate the natural or legal person, acting as a professional, who accepts these Terms of Use and is thus authorized by 3DS to access and use it in accordance with these Terms of Use.

Defined terms can be used in a singular or plural form.

 

  1. DESCRIPTION OF SERVICE

The 3DS Website is offered to You who navigates on the 3DS Website and uses Our services enabling access to a variety of resources, including download areas and product information (hereinafter the “Service”).

You are responsible for obtaining access to the Service. Please note that such access may involve third-party fees (such as Internet service provider charges). In addition, You must provide and are responsible for the equipment necessary to access the Service.
We will endeavour to allow uninterrupted access to the 3DS Website. However, access to the 3DS Website may be suspended, restricted or terminated at any time and without notice and We shall not be liable if for any reason the 3DS Website is unavailable at any time or for any period.

 

  1. THE PUBLICATION OF CONTENT – CONTENT INTELLECTUAL PROPERTY

You understand that any Content You may post on the 3DS Website is of Your sole and unique responsibility. This means that only You, and not 3DS, are responsible for all Content that You may upload, post, license, sublicense, display or otherwise make available via the Service or the 3DS Website. We do not control the Content posted via the 3DS Website or Service and, as such, may not guarantee the accuracy, integrity or quality of such Content or that it does not violate any laws or rights of others.

You remain the owner of the intellectual property rights related to Your Content. The publication of Content via the Service in no way leads to a transfer of intellectual property rights benefiting 3DS or a third party, unless otherwise stipulated by these Terms of Use.

By publishing the Content via the Service and authorizing the publication of Content by 3DS via the Service, You grant:

 

  • 3DS a worldwide free, non-exclusive, assignable, transferable, sub-licensable license for the duration of protection of the intellectual property rights, to use, modify, adapt, publish, distribute, reproduce, represent, and display the Contents via the Service, on all media and/or via all networks, by all presently known and/or unknown means, in every format, for advertising purposes, for promoting the Website and/or Service, and for marketing and/or public relations purposes. The media include, in particular, the 3DS Website as well as any other Internet site or mobile application, via all types of devices (tablet, smartphone, computer, PC, television, etc.), on any paper media, photograph, slide, microfilm, or plastic film, with any mechanical, magnetic, cinematic, optical, or digital media, any disk, DVD, CD, CDI, CD-ROM, WORM disk, and in particular, all other computerized, electronic, and network formats (Internet, intranet, and extranet);
  • (ii) all Users and Internet users visiting the 3DS Website and/or accessing the Service a worldwide free, non-exclusive, non-transferable and non-sublicensable, license for the duration of the intellectual property rights, to use, reproduce, represent, and display the Content on the 3DS Website, on all other media and via all networks, by all presently known and unknown means, in every format, within the framework of a strictly personal and noncommercial usage.

 

You are and remain solely responsible for the Content published or circulated via the Service, and for its compliance with the applicable laws and regulations.

As such, You provide 3DS a first-demand guarantee against any recourse or action that could arise upon the exercise of the rights granted to 3DS and/or the Users by these Terms of Use, and any person who considers they have any of the rights to enforce all or part of the Content and/or its use by 3DS and/or the other Users.

 

  1. LINKS TO THIRD PARTY WEBSITES

We have no control over any of the third party websites to which the 3DS Website has links nor do We contribute in any manner to these third party Websites and We assume no responsibility for the contents of any third party Websites to which the 3DS Website has links.

These links are provided solely as convenience to You. If You use these links, You will leave the 3DS Website. We exclude all liability arising therefrom and do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be used by using them. If You decide to access any third party Websites linked to the 3DS Website, You do so entirely at Your own risk.

 

  1. LINKING TO THE 3DS WEBSITE

You may link to the 3DS Website if You do not replicate the home page of the 3DS Website and subject to the following conditions:

  • You requested and obtained Our prior written approval
  • You do not remove, distort or otherwise alter the size or appearance of Our logos;
  • You do not create a frame or any browser or border environment around the 3DS Website
  • You do not in any way imply We are endorsing any products or services other that Our own products and services
  • You do not misrepresent Your relationship with Us nor present any other false information about Us;
  • You do not otherwise use any of Our trademarks displayed on the 3DS Website without Our prior express written permission
  • Your Website does not contain content that is distasteful, offensive or controversial towards Us or any third party, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause for breach of these Terms of Use and to take any action We deem appropriate. You shall fully indemnify Us for any loss or damage suffered by Us or any of Our group companies for breach of this clause.

 

  1. YOUR CONDUCT WHEN USING THE 3DS WEBSITE AND THE SERVICE

 You acknowledge that You will not:

  • Upload, reproduce, post, display, license, sublicense or otherwise make available any content that is offensive, inappropriate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations;
  • Harm minors in any way;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content uploaded through the Service or the 3DS Website;
  • Upload, reproduce, post, display, license, sublicense or otherwise make available any content that (i) You do not have a right to make available under any law or under contractual or fiduciary relationships, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • To interfere with or disrupt the 3DS Website, the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Modify, adapt or hack the 3DS Website or modify another website so as to falsely imply that it is associated with the 3DS Website;
  • Use any elements available on the 3DS Website (including, without limitation, textures files) except if specifically authorized on the 3DS Website or through a separate license;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
  • Stalk or otherwise harass another;
  • Create, send or submit unwanted email to any other user of the 3DS Website or Services;
  • Collect or store personal data about other users of the 3DS Website or Services where relevant in connection with the prohibited conduct and activities set forth above; and/or
  • Violate in any manner any applicable laws.

Do not insert hyperlinks in the content You post linking to Your or third party sites or content which You have not checked to ensure they comply with the abovementioned guidelines or which may violate the Terms of Use.

 

You acknowledge, consent and agree that We may, without prior notice or compensation, (i) remove any content that violates the Terms of Use and that (ii) access, preserve and disclose your account information, if any, and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • Comply with legal obligations;
  • Enforce the Terms of Use;
  • Respond to claims that any content violates the rights of third parties; or
  • Protect the rights, property or personal safety of any person.

 

  1. LIMITED LICENSE TO ACCESS AND USE THE 3DS WEBSITE – PROPRIETARY RIGHTS

 The Service (in which the Software is included), 3DS Website, and each of the Elements, data, Website design text, software in object and source code (including applets), scripts, downloads, graphics, photos, interactive features and the like and their selection and arrangement, the Services and the trademarks, trade names, trade dress, service marks and logos contained therein are licensed to 3DS or are the sole property of 3DS or its licensors and contain proprietary and confidential information. Each of the abovementioned elements is protected by French and International legislation relating to intellectual property rights (in particular, copyright and trademark rights).

Subject to compliance with the stipulations of these Terms of Use, in particular the limitations provided by this article, You are only authorized to access and use the Service and Elements for personal and noncommercial purposes and Your own personal needs (unless otherwise stipulated by the Additional Terms).

 

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY

The 3DS Website, the Services and the data contained therein are provided “as is” and on an “as available” basis and without warranty, representation, condition or other term of any kind, either express or implied as to the operation of the 3DS Website or the information content, materials or products on the 3DS Website.

To the extent permitted by applicable law, We exclude all representations, warranties, conditions and other terms which might have effect the 3DS Website, including but not limited to:

  • The implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, use of reasonable care and skill or similar anywhere in the world,
  • As to non-infringement of any third party’s intellectual property rights of any content published or made available through the 3DS Website
  • As to the server(s) that make(s) the Service available being free of viruses or other disruptive code which may infect, harm or cause damage to Your computer equipment or any other property when You access, browse, download from or otherwise use the 3DS Website.
  • The non-execution of 3DS obligations attributable to unforeseeable circumstances or force majeure such as defined by the Civil Code and specified by jurisprudence or the following causes: strikes (whether previously announced or not), war (declared or not), riots, governmental action, acts of terrorism, acts of God (fire, flood, earthquake, etc.), or any electrical, utility or telecommunication outages.
  • Any drawbacks, obstacles, or damages inherent to the use of an Internet network, in particular service interruptions, external intrusions, or the presence of computer viruses, situations which will be regarded as force majeure.

We do not guarantee that the 3DS Website will be error free and do not accept liability for any errors or omissions. We shall use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after being notified of them. You expressly agree that Your use of the 3DS Website will be at Your sole risk.

Any advice or recommendation given by Us or Our employees or agents to You which is not confirmed off-line in writing by Us, is followed or acted upon entirely at Your own risk, and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed, to the extent permitted by applicable law.

To the extent permitted by applicable law, 3DS and any of Our group companies and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result in any manner to You or a third party in connection with the 3DS Website and/or the Service or in connection with the use, inability to use, or the results of the use of the 3DS Website and/or the Service, any third party Website linked to the 3DS Website, or the material on such Website, including without limitation any indirect, punitive or consequential loss or damages and any loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption, due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the 3DS Website or Your downloading of any material from the 3DS Website or any third party Website linked to any of the 3DS Website and whether in tort (including without limitation negligence), contract or otherwise.

Nothing in these Terms of Use shall exclude or limit Our liability (i) for death or personal injury caused by Our negligence; (ii) for fraud; or (iii) for any liability which cannot be excluded or limited under applicable law.

 

  1. ELECTRONIC COMMUNICATIONS

 When You visit the 3DS Website, use or buy Our Service or send emails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on the 3DS Website or, if your communication was operated originally from a social network, via such social network.

These elements thus constitute evidence and, if they are produced as means of evidence by 3DS in any proceedings, will be admissible, valid, and opposable between the parties in the same way, in the same conditions, and with the same probative force as any document which may be established, received, or conserved in writing.

 

  1. MODIFICATION OF THE 3DS WEBSITE AND THE SERVICES

We reserve the right at any time to modify or discontinue, temporarily or permanently, the 3DS Website and the Service (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

 

  1. APPLICABLE LAW AND COMPETENT JURISDICTION

The Terms of Use shall in all respects be governed and construed in accordance with the laws of France and any dispute arising out of or in connection with the use of the 3DS Website or the Service shall be brought before the exclusive jurisdiction of the competent courts of Paris.

Date Last Modified These Terms of Use were last modified on July 2019