LAST UPDATED:  March 8, 2013

 

 New: Special Service Terms

 

Welcome to 123Dapp.com!  We invite you to unlock your creativity through our 123D services and related web sites (collectively the “Service”) where you can find design products, mobile apps, and a place to explore, store, and share the things you make.    

 

 

 

Our invitation is subject to your acceptance of the terms and conditions set forth in this document, which are Special Service Terms pursuant to the Terms of Service located at http://usa.autodesk.com/adsk/servlet/index?siteID=123112&id=17752585 ("Autodesk 360 TOS") and incorporated herein by this reference together with all other Additional Agreements, guidelines, policies, terms and conditions that may be presented to you from time to time (collectively “Terms”).  Any and all applicable fees and charges for use of the Service are covered below in Section 5 (Purchases) below.  Section 6 below (“Consent to Use of Data; Connectivity”) describes what and how data may be collected, stored and/or used in connection with the Service and/or Software.  Any and all references to Subscription, Subscription Program Terms and Entitlements in the Autodesk 360 TOS shall not apply to the Service.

 

 

 

Anyone who Accesses or uses the Service or any Service Offerings or related Software (each a “User”) is forming a binding legal contract between you and Autodesk, Inc., a Delaware corporation with a principal place of business at 111 McInnis Parkway, San Rafael, California, and its subsidiaries (collectively, "Autodesk", “we,” us and “our”). 

 

 

 

1.            Your Use of the Service. If you Access or use the Service, you acknowledge that you are 13 years of age or older, and, if under the age of 18, that you are using the Service under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use the Service or transmit or otherwise submit any personally identifiable information to us. We reserve the right to require you to create an account to use the Service and products. You agree that you will not share any user ID or passwords, allow anyone else access your account or do anything else that might jeopardize the security of your account.

 

 

 

2.            Be Nice Policy.    We expect Users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned on your compliance with these Terms, including, without limitation, this Section 2.  Any failure to comply may, without limitation, result in the suspension or termination of your Access to all or part of the Service and/or result in legal penalties.   In addition to Autodesk’s other Rules of Conduct, you agree that you will not post, publish, upload, download, e-mail, distribute, disseminate, transmit, or otherwise make available, through or in connection with the Service or engage in or with any of the following: 

 

 

 

• anything that is or may be (a) threatening, degrading, unlawful,  or hateful (including, without limitation, racially or ethnically hateful); (b) defamatory or libelous; (c) fraudulent or tortious; (d) offensive, inappropriate, profane, obscene, indecent, unsafe, harmful, vulgar or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right; (f) abusive, harassing, stalking, or otherwise violate the legal rights of others including, without limitation, abusing rights of privacy and/or publicity;
• any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense;
• any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software;
• any unsolicited or unauthorized advertising, promotional materials, “surveys,” “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, unsolicited advertising or promotional materials, or any other form of solicitation;
• using the Service for any fraudulent or unlawful purpose or engaging in any illegal activities;
• harvesting, collecting or storing personally identifiable information about any Users of the Service;
• impersonating any person or entity including, without limitation, any employee or representative of us or any of our affiliates, subsidiaries, licensors, licensees or suppliers;
• falsely stating or otherwise misrepresenting your affiliation with any person or entity; or expressing or implying that we endorse any statement you make or material you upload, post, publish or submit (including, without limitation, any  Your Content);
• interfering with or disrupting the operation of the Service or the servers, networks, navigation or infrastructure used to make the Service available or work; or violating any requirements, procedures, policies or regulations of such networks;
• restricting or inhibiting any other person from using the Service or from enjoying any public area of the Service (including, without limitation, by hacking or defacing any portion of the Service);
• using the Service or any communications systems provided by the Service to advertise or solicit or offer to sell or buy any goods or services without our express prior written consent and upon such consent, if any, only on such terms and conditions as we may require in our sole discretion;
• reproducing, duplicating, copying, selling, reselling or otherwise exploiting for any commercial purposes, any portion of, use of, or Access to the Service (including any  Software or other Autodesk Materials, and other materials available through the Service) without authorization;
• modifying, adapting, translating, reverse engineering, decompiling or disassembling any product, service, feature, element or portion of the Service (including any Software or other Autodesk Materials, and other materials available through the Service), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions;
• removing any copyright, trademark or other proprietary rights notice, designation, labels or source identification from the Service or Software or other Autodesk Materials,  Your Content and other materials originating from the Service or falsifying or deleting any author or rights owner attributions;
• framing, relaying or mirroring any part of the Service without our express prior written consent;
• creating a database by downloading and storing all or any Autodesk Materials, Your Content, Your Content-Nonpublic and/or other Content or materials made available through or obtained from the Service;  
• using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or any other system, device or mechanism that Accesses the Service in a manner that  reproduces or circumvents the navigational structure or presentation of the Service or sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or that in any way attempts, without our express prior, written consent  to reproduce or circumvent the navigational structure or presentation of the Service;
• forging headers or manipulating identifiers or other data in order to disguise the origin of any Content (including, without limitation, Your Content) or to manipulate your presence on the Service;
• taking any action that interferes with or disrupts the Service or any servers, networks or infrastructure related to the Service;
• viewing, using, transmitting or disclosing any Content that you do not have a right to view, use, transmit or disclose under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); and/or
• using or allowing usage by others of, the Service or any element or feature within it as a forwarding service to another web site except as expressly authorized by these Terms.

 

 

 

You understand that should Your Content be found or reported to be in violation with any of these Terms, it will be our sole discretion as to what action should be taken including deletion or modification of Your Content,  and/or suspension or termination of your Access to the Service and any account you have with us.

 

 

 

3.            Your Content. 

 

 

 

(a)           Ownership Rights in Your Content.  As between you and us, you are the owner of Your Content.  The term “Your Content,” as used herein, expressly excludes all Autodesk Materials.

 

 

 

(b)           Sharing Your Content.  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:

 

 

 

(i)  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) the worldwide, perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, sublicensable (through multiple tiers) right and license to have Access to, store, display, reproduce, use, disclose, transmit, view, reproduce, modify, adapt, translate, publish, broadcast, perform and display (whether publicly or otherwise), distribute, re-distribute, transmit, save and use  Your Content (in whole or in part) for any reason and/or purpose (whether commercial or non-commercial) by any and all means in any and all media, forms, formats, platforms and technologies now known or hereafter devised, invented, developed or improved in connection with the Service, Autodesk Materials or our business generally.   For example, the license granted by you pursuant to this Section 3(b) includes, without limitation,  the right and license to use all or part of Your Content: (1) in order to display, transmit, reproduce, distribute and/or redistribute it and/or to use and modify it for the fulfillment of any other User’s order; (2) for purposes of advertising, promotion, marketing and publicity purposes related to us, our partners, affiliates and/or sub-licensees, the Service, the Fabrication Service and any products, services or Content or any features thereon;  (3) in order to make such changes Your Content as  necessary to conform and/or adapt it for technical, business or legal reasons;  (4)  for purposes of providing, maintaining, repairing, protecting, organizing and/or otherwise administering or providing to you products, services and/or features on the Service; (5) in the ordinary course of our (or our designated third parties’) provision, improving and/or modifying of products and/or services, and/or (6) in order to extract, compile, aggregate, synthesize, use, and otherwise analyze 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 otherwise permitted by these Terms.   

 

 

 

(ii)           you automatically grant to other Users a royalty-free, non-exclusive, worldwide, perpetual, license to view,  use, reproduce, modify, adapt, translate, publish, broadcast, perform and display (whether publicly or otherwise), distribute, re-distribute, save , share, and rate  Your Content including within or as the basis for their own derivative works pursuant to the terms and conditions of the Creative Commons Attribution-Non-Commercial-Share Alike license (See, for example, http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode and http://creativecommons.org/licenses/by-nc-sa/3.0/ ).  Such license to each other User is an agreement solely between you and the other User (as licensee) of Your Content, as we are neither a party to that license nor affiliated with Creative Commons.  Nothing in these Terms or elsewhere authorizes you to grant any rights or licenses with respect to any Autodesk Materials, including any Autodesk Materials that may be attached to any of Your Content.  The right to use Autodesk Materials is governed by these Terms and your license of Your Content does not waive, alter, modify or amend any of these Terms or the limitations on use provided hereunder. 

 

 

 

(c)           Keeping Your Content Non-public.  The Service may also permit you to choose not to post or publish 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, (i) we will not authorize Your Content to be shared with others publicly [although we cannot promise complete data  security (e.g., of cloud servers)]: (ii) 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.    

 

 

 

4.            Autodesk Materials.

 

 

 

(a)           Ownership Rights in Autodesk Materials.   Expressly excluding Your Content, any material 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, “Autodesk Materials”) is the copyrighted work of Autodesk, its subsidiaries, affiliates, licensors and/or suppliers. 

 

 

 

(b)           Autodesk Free Content License.  If you download or otherwise Access any Autodesk Materials through the Service  you are hereby granted the following limited, revocable license (“Autodesk Free Content License”): a non-exclusive, worldwide, license to reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform or distribute or create derivative works using such Autodesk Materials for commercial and non-commercial purposes, subject to these Terms [including Section 4(c) hereinbelow] 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 Autodesk Materials used by you.

 

 

 

(c)           Limitations on Use of Autodesk Materials.  Notwithstanding anything to the contrary:

 

 

 

(i)            The license in Section 4(b) above expressly prohibits any use by which the  Autodesk Materials 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 and only those Autodesk Materials that  are not extracted, reverse engineered, decompiled, separated or disassociated from the Software or outputs of the Software and/or are not used or distributed as stand-alone products (“Embedded Content”) are licensed hereunder.  The use, sale, republication, distribution or redistribution, of any Autodesk Materials obtained from or through the Service, whether for sale or freely available for download, whether part of a valid sale or not, is expressly prohibited unless it is Embedded Content as licensed in Section 4(b) above;

 

 

 

(ii)           Use or republication, including sale or distribution of Autodesk Materials that are not Embedded Content, is prohibited. For illustration, approved distribution or use of Embedded Content 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;

 

 

 

(iii)          Use of any Autodesk 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 4(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 Autodesk 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;  and

 

 

 

(iv)          Elements of the Service are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part.   No logo, graphic or sound, the design, layout, “look and feel”, feature or portion on or from the Service may be copied, transmitted or retransmitted, in whole or in part, unless expressly permitted in writing by us.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Autodesk’s or its licensors’, affiliates’ or suppliers’ trade names, trademarks or service marks without our express prior written consent. 

 

 

 

5.            Purchases.    If you wish to purchase samples or take advantage of our fabrication service through the Service, for your convenience, the Service may link or direct you  to a third party e-commerce store or web stores (individually and collectively “Fabrication Service”) run by a company other than us (the “Fabrication Service Provider”) where you can make such purchases.  Please be aware if that the Fabrication Service is operated by a third party, not us, your interaction with and transactions through the Fabrication Service will be governed by such third party’s web site terms and conditions, and not by these Terms.  We are in no way responsible or liable for such third party’s Fabrication Service or web site terms.  Currently Turbo Squid, Inc. is currently the Fabrication Service Provider and merchant of record in regard to online sales of products and services obtained directly through the Service, while other third parties may manage shipping and order fulfillment related thereto.  We encourage you to read the terms and conditions of the Fabrication Service prior to making any purchases.    All products purchased from or through the Service are made pursuant to the terms and conditions of sale of the third party merchant of record and govern such purchase (“Terms of Sale”) available at: http://sitesupport.123dapp.com/entries/20116776#PrivacyConsent. Among other things, you will be responsible for paying any and all applicable transaction costs relating to your purchases including fees, shipping, handling, duties, tariffs, and taxes.  

 

 

 

In addition, individuals (including other Users) and/or businesses other than us and the Fabrication Service Provider may provide Content, services, or sell products on the Service.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the Content of their web sites.  We also do not assume any responsibility or liability for the acts, omissions, products or services of all these and any other third parties.  Descriptions, images, references, features, Content, specifications, products, prices and availability of any products or services on the Service or obtained through the Service are subject to change with or without notice.  We and our Fabrication Service Provider reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any User from making any or all purchase(s); and/or to refuse to provide any User with any product or service.  We will make reasonable efforts to accurately display the attributes of products made available through the Service; however, we cannot guarantee that your computer will accurately display such products. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product or service purchased through the Service.  By placing an order, you represent that you are authorized to purchase the products and services ordered and that the same will be used only in a lawful manner.

 

 

 

6.            Consent to use of data; Connectivity. 

 

 

 

                (a)           Consent to Use of Data.  When you use the Service or any Software, Autodesk may collect and store product usage data as noted in this Section.  The purpose of collecting this information is to gather product usage information for product development purposes, for example by allowing Autodesk to improve its product offerings and/or to better understand what products and product features users find most useful.  Autodesk will use, process and retain this information in accordance with the Autodesk Privacy Statement (located at www.autodesk.com/privacy, “Autodesk Privacy Statement”), including cross-border transfers as described in the policy.  You acknowledge and agree that the Autodesk Privacy Statement may be changed from time to time by Autodesk and that, effective upon posting on an Autodesk Web Site or other written notice from Autodesk, you will be subject to such changes. 

 

 

 

                                (i)            Desktop.  Information collected is product launch and closure which allows us to calculate length and number of product usage sessions; as well as Autodesk product commands and operations used.  The product usage information collected is non-personally identifiable and aggregated.  The Software will automatically connect to the Internet to send this information to Autodesk’s and/or any or all of its service providers’ servers.  If you do not agree to the collection and these uses of data, please do not Install, download, Access, or otherwise copy or use all or any portion of the Software for desktop use.

 

                                (ii)           Mobile.   Information collected (if any) will be designated in a specific privacy notice, which provides details about product usage information collected and how to opt out of collection.

 

 

 

                (b)           Connectivity.  The Service and/or Software may contain components that enable and facilitate the use of certain Internet-based services that are hosted on web sites maintained by Autodesk or by third parties.  In some cases, such content and services may appear to be a feature or function within, or extension of, the Software even though hosted on such web sites.  Accessing such content or services may cause your computer, without additional notice, to connect automatically to the Internet (transitorily, intermittently or on a regular basis) and to communicate with an Autodesk Web Site or third-party web site—for example, for purposes of providing you with additional information, features and functionality or to validate that the Software and/or content or services are being used as permitted under this License or other applicable terms.  Such connectivity to Autodesk Web Sites is governed by the Autodesk Privacy Statement and any relevant terms of use.  Such connectivity to the web site(s) of any third party(ies) is/are governed by the terms (including the disclaimers and notices) found on such applicable sites or otherwise associated with the applicable third-party content or services.  Autodesk does not control, endorse, or accept responsibility for any such third-party content or services, and any dealings between you and any third party in connection with such content or services, including, without limitation, such third party’s privacy policies, use of personal information, delivery of and payment for goods and services, and any other terms associated with such dealings, are solely between you and such third-party.  Autodesk may at any time, for any reason, modify or discontinue the availability of any third-party content or services.  Any Access to, and use of, certain content and services (whether of Autodesk or third parties) may require assent to separate terms and conditions and/or the payment of separate fees.

 

 

 

 

 

7.            FABRICATION AND HANDLING OF PHYSICAL MATERIALS.  PLEASE NOTE YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF ANY PRODUCTS, SERVICES, MATERIALS AND PROCESSES MADE AVAILABLE TO YOU BY OR THROUGH THIS SERVICE AND/OR ANY SOFTWARE.   WITHOUT LIMITATION: (A) AUTODESK’S DISCLAIMERS UNDER ANY AND ALL POLICIES EXTEND TO ANY AND ALL PRODUCTS OR SERVICES OR ANY MATERIALS USED FOR ANY OUTPUTS OR FOR THE FABRICATION OF PHYSICAL MATERIALS, WHETHER OR NOT CREATED THROUGH OR BY USING THE SOFTWARE OR ANY SERVICES, PROCESSES AND/OR PRODUCTS (INCLUDING FROM THIRD PARTIES) MADE AVAILABLE ON OR THROUGH THE SITE; (B) PRODUCTS, SERVICES OR MATERIALS USED IN THE MANUFACTURE O OF ANY PHYSICAL MATERIALS BY ORTHROUGH THE SERVICE AND/OR ANY SOFTWARE MAY ONLY BE SUITABLE FOR DECORATIVE PURPOSES, MAY NOT BE SUITABLE FOR USE FOR PERSONS UNDER THE AGE OF 13 (E.G., MAY NOT BE SUITABLE AS CHILDREN’S TOYS OR PRODUCTS) AND MAY NOT BE SUITABLE FOR THE HANDLING OF CONSUMMABLES SUCH AS FOOD OR DRINK.  AMONG OTHER THINGS, SUCH UNSUITABLE PRODUCTS AND MATERIALS SHOULD NOT BE USED FOR CONSUMMABLES OR TOYS, BE GIVEN TO CHILDREN OR COME IN CONTACT WITH ELECTRICITY, FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.

 

 

 

8.            Your Submissions to Forums.  Without limitation, information on Forums may be provided by us and/or by third party users of the Service. Please note that Service users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive.  No Autodesk Parties either endorse or are responsible for any opinion, advice, information or statements made in the Forums by third parties or  for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials.  In no circumstances will any Autodesk Parties be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of any Autodesk Parties, and no Autodesk Parties have any control over and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.

 

 

 

9.            Rules for Sweepstakes, Contests, Raffles and Similar Promotions. In addition to the terms and conditions of these Terms, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Autodesk urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review Autodesk’s Privacy Statement which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

 

 

 

10.          Links. The links in this service may let you leave to linked web sites or services that may or may not be under the control of Autodesk.  Autodesk is not responsible for the contents of any third party linked site or service or any link contained in a third party linked site or service, or any changes or updates to such sites or services. Autodesk is not responsible for webcasting or any other form of transmission received from any third party linked site or service and the inclusion of any such link does not imply endorsement by Autodesk of any such linked sites or services. You agree that your use of third party web sites, services and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such web sites, services and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites, services and resources.

 

 

 

11.          Monitoring. We reserve the right (but has no obligation) to do one or more of the following in our discretion, without notice or attribution to you: (i) monitor Your Submissions as well as Access to the Service; (ii) alter, remove, or refuse to post or allow to be posted any Your Submission; and/or (iii) disclose any Your Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Service; to protect all Autodesk Parties and the Service's Users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. Autodesk disclaims any responsibility for content submitted by users on or through any area of the Service.

 

 

 

12.          A SPECIAL NOTE TO PARENTS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting Access to material that is harmful to minors. Information identifying current providers of such protections is available on the web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Autodesk does not endorse any of the products or services listed at such sites.

 

13.          Definitions.  Unless otherwise expressly defined herein, all capitalized terms used in this document shall have the same meaning as set forth in theAutodesk 360 TOS, subject to the terms and conditions thereof.    

 

 

 

14.          U.S.-Based Service. The Service is controlled and operated by Autodesk from the United States, and, except as expressly set forth herein, is not intended to subject Autodesk to the laws or jurisdiction of any state, country or territory other than that of the United States. Autodesk does not represent or warrant that the Service, any Software, or any part(s) thereof, is/are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to Access the Service or any Software, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service and/or any Software, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

 

 

15.          Forward-Looking Statements. Some of the information on the Service may contain projections or other forward-looking statements regarding future events or the future financial performance of Autodesk. We wish to caution you that these statements are only predictions and actual events or results may differ materially. Such statements include those that (a) use the words “believes,” “expects,” “anticipates,” “estimates” or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of Autodesk’s plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of Autodesk’s markets or customers or Autodesk’s expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting Autodesk’s operations, markets, products, services and prices. Further information on potential factors that could affect the actual financial results of Autodesk are included in Autodesk’s filings with the Securities and Exchange Commission; specifically, Autodesk’s most recent reports on Form 10-K and Form 10-Q. Autodesk does not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.

 

 

 

16.          Communications. When you visit the Service or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.    If you have any questions regarding the Service or any related Software, please direct your questions as follows:

 

 

 

• For questions regarding the meaning or application of these Terms, please direct such questions to copyrightagent@autodesk.com.
• For questions about Software program functionalities, please visit http://forum.123Dapp.com.
• For questions about your order or account, please visit http://123Dapp.zendesk.com.
• For questions about shipping or handling, returns or defective product, please visit http://123Dapp.zendesk.com.
• For all other inquiries, please visit
• http://forum.123Dapp.com.

 

 

 

Please note that e-mail and other Internet communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your correspondence with us.

 

 

 

17.          Information or Complaints. This notice is for our California users: If you have a question or complaint regarding the Service, please send an e-mail tocopyrightagent@autodesk.com. You may also contact us by writing to Copyright Agent, Autodesk, 111 McInnis Parkway, San Rafael, CA 94903, or by calling us  at 415.507.5000. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.