Arbor 3D® User Terms and Conditions

Updated time: June 11th, 2020

Effective date: June 11th, 2020

 

Please read these Terms of Use (“Terms”) carefully before using the Arbor 3D® website or any Arbor 3D® products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through the Arbor 3D® website (collectively, the “Service”). Using the Service indicates that you accept these Terms and any policies and guidelines of Arbor Standard incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.

 

1. General.

The Service is owned and operated by Arbor Standard Ltd, Company number 11596052 (“Arbor Standard,” “we,” “our” and “us”). Arbor Standard reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.

  1. Prohibited Activities.

In using the Service, you must not:

  • Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;

  • Misrepresent your identity or affiliation in any way;

  • Collect information about others;

  • Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Arbor Standard) or distribute spam;

  • Interfere with the operation of or damage the Service;

  • Violate any applicable laws or regulations; or

  • Assist or permit any persons in engaging in any of the activities described above.

2. User-Submitted Information.

You must exercise caution, good sense and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Arbor Standard has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service. Certain information collected from you on the Service is subject to Arbor Standard’s privacy policy available in the footer of the Arbor 3D® website.  You understand that, except as otherwise provided in Arbor 3D®’s privacy policy, Arbor Standard does not guarantee confidentiality with respect to any material you submit to or through the Service.  Except as expressly provided in Arbor Standard’s privacy policy, you give Arbor Standard an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such material you submit, without any payment or accounting to you or others.  In addition, you waive any so-called “moral rights” in such material.  For any such material that you submit, you represent and warrant that:  (a) you have the right to submit the material to Arbor 3D® and grant the licenses set forth above; (b) Arbor Standard will not need to obtain licenses from any third party or pay royalties to any third party; (c) the material does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the material complies with these Terms and all applicable laws.

3. Unsolicited Ideas.

Arbor Standard does not accept or consider unsolicited ideas, concepts or know-how, including ideas for new products or technologies (collectively “Submissions”). You must not transmit any Submissions to or through the Service that you consider to be confidential or proprietary. Any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary. Except as expressly provided in Arbor 3D®’s privacy policy, you give Arbor Standard an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such Submissions, without any payment or accounting to you or others.  In addition, you waive any so-called “moral rights” in any Submissions.

4. Ownership and Use of the Service.

The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images and digital 3D model information available for viewing in the Arbor 3D® Viewer.  The “Arbor 3D® Viewer” means any functionality or application on the Arbor 3D® website that displays 3D models and related content.  Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. Arbor 3D® and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service.  Arbor 3D® and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.

Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Arbor Standard (other than as needed for your computer or device to interface with the Service). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without Arbor Standard’s prior written authorization, unless Arbor Standard makes available the means for such distribution through functionality offered through normal use by the Service (such as the Arbor 3D® Viewer). You also agree not to access the Service through any technology or means other than through the pages of the Arbor 3D® website, the Arbor Standard Viewer, or other explicitly authorized means Arbor Standard may designate.  If you use the Arbor 3D® Viewer on your website, you may not modify, build upon, hide, or block any portion or functionality of the Arbor 3D® Viewer, including but not limited to links back to the Arbor 3D® website. Any use of the Arbor 3D® Viewer on your website will be subject to these Terms.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein.  Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of Arbor 3D® and its licensors. Written permission for any such unauthorized use or modification must be obtained from Arbor Standard in advance; such requests should be submitted via an email to hello@Arborstandard.com.  Arbor Standard reserves the right to discontinue any aspect of the Service at any time.

5. Trademarks.

All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “ARBOR ,” are proprietary to Arbor Standard or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.

6. Links to Other Websites.

For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of Arbor Standard’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Arbor 3D®. Arbor Standard is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Arbor Standard is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Arbor Standard of the organizations sponsoring such third-party websites or their products or services. Except for any Arbor Standard property or content embedded in any third-party website, these Terms do not apply to any third-party website.

7. Jurisdictional Issues.

The Service is controlled and operated by Arbor Standard from its offices within London, in the United Kingdom. Arbor Standard makes no representation that materials available on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software from the Service is further subject to United Kingdom export controls. No information or software from the Service may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United Kingdom embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.K. Treasury Department’s list of Specially Designated Nationals or the U.K. Commerce Department’s Table of Denial Orders. By using information or software from the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

8. Termination.

Arbor Standard may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.

 

9. Disclaimer.

The materials and functionalities available on the service are provided “as is” and without warranties of any kind. to the fullest extent permissible pursuant to applicable law, Arbor Standard disclaims, on behalf of itself and its affiliates and licensors, all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Arbor Standard does not warrant that the functions on the service will be uninterrupted or error-free, that defects will be corrected, or that the service will be free of viruses or other harmful components. Arbor Standard does not make any representations or warranties regarding the use or the results of the use of the materials or functions on the service in terms of their correctness, accuracy, reliability, results to be achieved, or otherwise. applicable law may not allow the exclusion of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

 

10. Limitation of Liability.

To the extent permitted under applicable law:  (a) under no circumstances, including, but not limited to, negligence, shall Arbor Standard or its affiliates or licensors be liable for any consequential, exemplary, punitive, special, incidental or other indirect damages, even if Arbor Standard or a Arbor standard authorized representative has been advised of the possibility of such damages.

11. Indemnification

You will indemnify, defend, and hold harmless Arbor Standard, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of:  (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Arbor Standard violates any law or infringes any third party right, including any intellectual property or privacy right.  You shall not settle any Claim unless such settlement completely and forever releases Arbor Standard from all liability with respect to such Claim or unless Arbor Standard consents to such settlement in writing.

 

12. Site Security.

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Arbor Standard will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

 

13. Privacy.

Personal information about you provided through the Service is governed by Arbor 3D®’s privacy policy, accessible through the footer of the Service. As further provided in our privacy policy, Arbor Standard and its service providers may collect and use personal information and technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—to facilitate the provision of the Service to you. Through your use of the Service, you consent to the collection and use (as set forth in the privacy policy) of information we and our service providers collect from you, including the transfer of this information within and between the United Kingdom and/or other countries for storage, processing, and use by Arbor Standard, its affiliates and service providers, and third parties with which it has strategic relationships.  By providing your mobile phone number, you expressly consent to receive direct dial calls, auto-dialed and pre-recorded message calls, and text messages from us relating to our product and services at that number.

14. Other.

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of relevant law. Any claims or litigation arising under these Terms will be brought by solely in courts where Arbor Standard is located.

If any term is completely or partially invalid or not enforceable for any reason, the remaining terms shall still be valid and binding.

 

Arbor 3D® Privacy Policy

This privacy policy sets out how Arbor Standard Ltd (henceforth “Arbor Standard”) uses and protects any information that you give Arbor Standard when you use our website Arbor 3D®.

Arbor Standard is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Arbor Standard may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

What we collect

We may collect the following information:

  • name

  • contact information including email address

  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Providing you with the Adobe websites and apps for which you have registered, and any other services or products that you have requested;

  • Verifying your identity;

  • Taking payments;

  • Sending you necessary communications (for example, related to payments or expiration of your subscription); and

  • Providing customer service or support.

We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways: if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

Hello@arborstandard.com

+44 (0)203 959 8315 (UK)

+86 (0)755 2640 2920 (CN)

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LONDON, UK

107-111 Fleet Street,

London

EC4A 2AB

SHENZHEN, CN

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CHENGDU, CN

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HONG KONG, HK SAR

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