Terms of Service
In addition, when You use any current or future paying service on this Website, You will also be subject to the applicable terms and conditions (the “Additional Terms”).
Welcome to the Website, a service provided by Dassault Systèmes SE, a French Société Européenne registered in the registry of commerce of Paris, located 10 rue Marcel Dassault, 78140 Vélizy-Villacoublay, FRANCE (“3DS”, “We”, “Our” or “Us”).
2. Access to the Service
Access and use of the Website and the Service requires an internet connection. The necessary configuration for accessing to and using the Website and the Service are under Your exclusive technical and financial responsibility. These configuration and access may involve the payment of fees and subscriptions, for example those related to an internet network connection and the services provided in this respect by internet service providers. You must also provide, and are responsible for, the necessary equipment for accessing the Website and the Service.
3DS will not be responsible in the event of difficulties related to access in connection with Your configuration.
3. Registration – Password –Security
Access to certain features offered by the Service and their usage requires Your prior identification with 3DS, which involves registration. You have to register by opening a free-of-charge account. In order to validate the creation of Your account, You will have to provide certain mandatory information, as indicated on the Website, including an email address and password. You agree to (a) provide true, accurate, current and complete information; and (b) maintain and promptly update Your account to keep it true, accurate, current and complete.
You are fully responsible for maintaining the confidentiality of Your password and account for all activities that occur under Your password or account.
The use of Your password presumes that You access and use the Service. Should You become aware that a third party has gained access to Your account, You agree to immediately modify Your password and inform 3DS without delay by contacting us through the customer service contact form available at: https://www.3ds.com/privacy-policy/contact
4. Description of the Service – Basic features and Paid Service
The Service includes basic features (the “Basic Features”) allowing You, in particular, to:
1. select and aggregate content provided by third-parties, including content available from social networks within the limits of their applicable terms, ("Third-Party Content") through computer programs called widgets (the "Widgets"); 2. access a database of Widgets (the "Ecosystem"); <3. use tools for creating and publishing Your own content ("Your Content").
Basic Features are available for free. However please note that the Service, as long as it is free, may include limits of use, and that additional options may be charged (the “Paid Service”). In this case, You have to subscribe to the Paid Service and accept the applicable Additional Terms before being able to access it. You are free to choose whether to subscribe to the Paid Service or not.
Basic Features of the Service will include, for instance:
Widgets and Ecosystem
When logging in the Service, You will access to a personalized page (“Your Private Dashboard”). You may customize Your Private Dashboard by adding or deleting content (either Third-Party Content or Your Content) and by moving and editing Widgets. A Widget is a software element providing content, including feeds and data. It is composed of computer code, exclusive property of 3DS (the “Container”), used to create the structure of the Widget and to encapsulate the Third-Party Content available through the Widgets.
Your Private Dashboard is accessible through a personal terminal (such as: a computer, a smartphone, or a tablet) by logging in with Your email address and Your password. If Your browser accepts "cookies", Your Private Dashboard shall automatically be displayed when You connect and all the modifications shall be saved in real time.
The Service enables You to find Widgets from the Website home page, the Ecosystem or from the internet and to use them in Your Private Dashboard. The content of such Widgets is provided by professional content providers, Our partners, other users, or You.
The Service also enables You to embed Your Content into a Widget ("Your Widget") and to post it online, including on the Ecosystem. Once in the Ecosystem, Your Widget may be selected and used by users and 3DS commercial partners (for instance, to add Your Widget to their personalized pages or to download it).
In addition to Your Private Dashboard, You can also create a personalized page accessible to the public and associated with a specific URL (“Your Public Page"). Through Your Public Page, you can share the Widgets of Your choice, regardless of whether these Widgets embed Your Content or Third-Party Content.
The Service enables You to customize the appearance of Your Private Dashboard and of Your Public Page by using a visual theme (the "Theme"). 3DS provides several Themes through the Service; however, You can decide to create Your own Themes ("Your Themes") from Your Content by using the Theme editor tool.
You shall not use Themes from third party websites to create Your Themes. Only Themes provided by 3DS and/or Themes created by other users can be posted and shared on the Ecosystem, to the exclusion of any other site or personal page.
The majority of UWA Widgets run on multiple platforms. However, 3DS does not warrant that UWA Widgets will run on platforms other than the Website and may not be held liable for the compatibility (or absence thereof) of UWA Widgets with other platforms.
5. Publication of Your Content
You may post and share Your Content by creating Your Public Page, and/or by posting Your Widget and/or Your Theme on the Ecosystem. You understand that any Content You may post on the 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 Website. You also represent that You own all the rights to, or have secured the necessary authorizations for sharing Your Content. We do not control the Content posted by You via the 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 understand that You may not request any payment from 3DS for posting or sharing Your Widgets, Your Themes and/or Your Content on the Website.
By publishing Your Content via the Service and authorizing such publication by 3DS, You grant:
(i) 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 Your Content via the tService 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 the Service, and for marketing and/or public relations purposes. If You disagree with any of the above, You shall not post Your Content (including Your Widgets and/or Your Themes) on the Ecosystem, nor on Your Public Page; (ii) all users visiting the 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 Your Content (limited to: Your Theme and/or Your Widget), on their own Private Dashboard for personal and noncommercial usages.
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.
6. Your Conduct when using the Website and the Service
You acknowledge that You will not:
- Upload, reproduce, post, display, license, sublicense or otherwise make available any content (whether Your Content or Third Party 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 (whether Your Content or Third Party Content) uploaded through the Service or the Website;
- Upload, reproduce, post, display, license, sublicense or otherwise make available any content (whether Your Content or Third Party Content) that (i) You do not have the 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;
- Interfere with or disrupt the 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 Website or modify another website so as to falsely imply that it is associated with the Website;
- Use any elements available on the Website except if specifically authorized on the 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 user of the Website or the Services;
- Violate any user’s reasonable expectations of privacy;
- Create, send or submit unwanted email to any other user of the Website or the Service;
- Collect or store personal data about other users of the Website or the Services where relevant in connection with the prohibited conduct and activities set forth above; and/or
- Violate in any manner any applicable laws.
If You decide to access to social networks or to any other webservices (together, the “Webservices”) and/or use in any way the Webservices through Our Service, whether You have subscribed to the Paid Service or not, You acknowledge that Our Service is limited to providing access to the Webservices (and as such Third Party Content unbeknownst to 3DS available through the Webservices) through developer features and authorize 3DS to set Your account in conjunction with the use of such Webservices. You also agree:
- to at all time comply with the Webservices’ applicable terms, including those for developer features, which You decide to access to and/or use through the Service and to be bound by them. These applicable terms may include for instance (but are not limited to) the Twitter Terms of Service made available at www.twitter.com/tos
- not to use the Service to access or use the Webservices, and as such the Third Party Content available through them, for any prohibited or unlawful purposes as detailed in the Webservices’ applicable terms, including those for developer features. For instance, You must comply with Section VII.A. User Protection of the Twitter Developer Agreement available at https://developer.twitter.com/en/developer-terms/agreement providing, inter alia, that You must not use the Webservices for any discriminatory purposes or profiling based on sensitive categories of information prohibited by applicable laws;
- that 3DS may monitor Your use of the Webservices in order to ensure compliance with Webservices’ applicable terms and, if necessary, may request You to justify in writing Your compliance with them. As such, access to Webservices through the Service may be limited and suspended at all time and without notice from 3DS during the time necessary to ensure compliance with Webservices’ applicable terms and/or terminated at all time from 3DS in case of non-compliance, without You being entitled to claim any compensation or indemnity from 3DS. In any case, You understand that access to the Webservices remains possible without using the Service;
- that the access and use of the Webservices through the Service may be terminated at the sole discretion of the Webservices themselves, and without You being entitled to claim any compensation or indemnity from 3DS.
- Comply with legal obligations;
- Respond to claims that any content violates the rights of third parties; or
- Protect the rights, property or personal safety of any person.
In case of any violation of the above, 3DS also reserves the right to rename Your account and/or, at its sole discretion, the name of Your Public Page and more generally to prevent access to them.
7. Links to Third Party Websites
We have no control over any of the third party websites to which the Website has links nor do We contribute in any manner to these third party websites or any Third Party Content, including that of posted by users. Therefore, We assume no responsibility for any Third Party Content posted by users and the contents of any third party websites to which the Website has links.
These links are provided solely as a convenience to You. If You click on them, You will leave the Website. We exclude all liability arising therefrom and do not endorse or make any representations about such third party websites or any information, software or other products or materials found there, or any results that may be obtained by using them. If You decide to access any third party website linked to the Website, You do so entirely at Your own risk.
8. Linking to the Website
You may link to the Website if You do not replicate the home page of the 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 other browser or border environment around the Website;
- You do not in any way imply We are endorsing any products or services other than Our own products and Service;
- You do not misrepresent Your relationship with Us nor present any false information about Us;
- You do not otherwise use any of Our trademarks displayed on the 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.
9. Limited license to access and use the Website – Proprietary rights
You acknowledge and agree that the Website, the Service, any software, data and any content provided by Us, used in connection with the Website contain proprietary and confidential information that is protected by all applicable intellectual property and other laws.
None of the abovementioned materials may be modified, reproduced, duplicated, copied, sold, resold, transmitted, published, licensed, transferred, visited or otherwise exploited for any commercial purpose, stored in any other website, included in any public or private electronic retrieval system or service, redistributed or framed (or similar) without Our prior written permission.
You may not make any derivative use of the Website or its content.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us without Our prior express written consent.
You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our prior express written consent.
You agree not to remove and/or delete the references and notices pertaining to copyright and to any other proprietary right appearing on the Service and/or the Website.
10. Exclusions and limitations of liability
The Website, the Service 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 Website or the information content, materials or products on the Website.
To the extent permitted by applicable law, We exclude all representations, warranties, conditions and other terms which but for this clause might have effect in relation to the 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 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 terminals or any other property when You access, browse, download from or otherwise use the Website and/or the Service;
- The non-execution of 3DS obligations attributable to unforeseeable circumstances or force majeure such as defined by the French 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 the internet, 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 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 Website and/or the Service is 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 exclude all liability and responsibility for any kind of loss or damage that may result in any manner to You or to a third party in connection with the Website, the Service and/or the Webservices or in connection with the use, inability to use the Website, the Service and/or the Webservices, or any Third Party Content linked or associated in any way to the Website and/or Service, 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, viruses that may infect Your terminals, software, data or other property on account, whether in tort (including without limitation negligence), contract or otherwise.
You are responsible for Your Content published via the Service, for Your use of the Webservices in compliance with their applicable terms and for damages 3DS or third parties may suffer as a result of Your Content or abusive use of the Service and the Webservices. In the event of a third-party claim against 3DS, You agree to defend 3DS at Your own cost, to release 3DS of all liability, and to reimburse 3DS any sums 3DS is required to pay as part of the said claim (including lawyers’ fees and expenses). 3DS will inform You in the event of any such claims.
11. Electronic communications
When You visit the Website, use or buy the Service or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Website.
You agree that, to the extent permitted by applicable law, computerized records, digital files, electronic communications conserved in 3DS’s computer systems, are considered evidence of the relationship and communication arising between 3DS and You in the context of the acces of the Website and use of the Service. 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.
You may terminate Your use of the Service at any time and without notice by closing Your account.
Because of the closure of Your account, unless otherwise stipulated in the Additional Terms, You will no longer be able to access the Service as well as Your Content stored and/or published via the Service, nor the data entered in Your account via the Service. It is thus Your responsibility to take the necessary measures to back up Your Content locally before termination, when this option is available.
13. Modification of the Website and the Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the the 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 Website or the Service.
14. Applicable Law – Jurisdiction
If You are a consumer who do not act for professional or commercial purposes, then You may be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution which are usually free for You to use.
Nothing in this paragraph shall deprive You of the right to bring or defend proceedings in Your home state if You are a consumer who do not act for professional or commercial purposes.
You may benefit from additional rights according to mandatory laws of the country in which You have Your habitual residence. We do not intend to limit these rights beyond what is applicable according these mandatory provisions. You are responsible for checking that Your use of the Website and the Service comply with Your local laws.