3DModelSpace Terms of Use

Welcome to 3DModelSpace!

1. 3DModelSpace is owned and operated by Catalog Data Solutions Inc. (CDS) of 675 N. First St, San Jose, CA 95112, USA to enable CAD users to search for (the Service) part details and CAD models (the Content). CDS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use and enjoy the benefit of the Service, in the manner permitted by these Terms of Use (the Terms). Your use of 3DModelSpace is subject to these Terms and you understand and agree that CDS will treat your use of 3DModelSpace as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with CDS, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2. CDS reserves the right to charge Manufacturers and Distributors for including their product details, links to their content and/or advertising on 3DModelSpace. You agree that, in consideration of CDS granting you access to and use of the Service, advertising may be shown during your use of the Service.
3. You understand and accept that 3DModelSpace will constantly evolve and change from time to time without prior notice to you. CDS may even (permanently or temporarily) stop providing 3DModelSpace or Suppliers may withdraw their data or CAD portal owners withdraw their links to 3DModelSpace. Links to 3rd party sites are provided as a convenience to you. CDS does not control third party sites or links to third party sites and is not responsible for the content or availability of any linked sites. Links to third-party sites are not endorsements by CDS of such sites or their Content. You acknowledge and agree that CDS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any Content available from, such web sites.
4. In order to access certain 3rd party data, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for that 3rd party site. You agree that any registration information you give to these sites will always be accurate, correct and up to date. 3DModelSpace does not collect personal information but you are responsible for checking the privacy policies of any 3rd party sites to which you supply information.
5. You agree to use 3DModelSpace only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) 3DModelSpace by any means other than through the interface that is provided. You specifically agree not to access (or attempt to access) 3DModelSpace through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the 3DModelSpace server. You agree that you will not engage in any activity that interferes with or disrupts 3DModelSpace (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the 3DModelSpace Services for any purpose without the express written agreement of CDS, and that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach.
6. Content presented to you as part of the Service, including but not limited to part information, CAD models, product photos and advertisements on 3DModelSpace may be protected by intellectual property rights which are owned by 3rd parties or advertisers who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by CDS or by the owners of that Content.
7. CDS reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from 3DModelSpace. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
8. You agree that you are solely responsible for (and that CDS has no responsibility to you or to any third party for) any Content that you transmit or display while using the Service and for the consequences of your actions by doing so.
9. You acknowledge and agree that CDS (or CDS's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
10. Unless you have agreed otherwise in writing with CDS, nothing in the Terms gives you a right to use any of CDS's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by CDS, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give CDS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service. This license is for the sole purpose of enabling CDS to display, distribute and promote the Service.
12. You agree that this license includes a right for CDS to make such Content available to other companies, organizations or individuals with whom CDS has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that CDS, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit CDS to take these actions. You confirm and warrant that you have all the rights, power and authority necessary to grant the above license.
13. The Terms will continue to apply until terminated by either you or CDS. If you want to terminate your legal agreement with CDS, you may do so by notifying CDS at any time, in writing, to CDS's address which is set out at the beginning of these Terms. CDS may at any time, terminate its legal agreement with you if:
  1. CDS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  2. the partner with whom CDS offered the Service to you has terminated its relationship with CDS or ceased to offer the Services to you; or
  3. CDS is transitioning to no longer providing the Service
  4. the provision of the Service to you by CDS is, in CDS's opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CDS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CDS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". CDS ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
15. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
16. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CDS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. CDS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CDS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  3. INCOMPLETE OR INACCURATE CONTENT (INCLUDING ANY ADVERTISING) ACCESSED VIA THE SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONTENT PROVIDER OR ADVERTISER WHOSE CONTENT OR ADVERTISING APPEARS ON THE SERVICE;
  4. ANY CHANGES WHICH CDS MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
18. CDS may make changes to the Terms from time to time. When these changes are made, CDS will make a new copy of the Universal Terms available on 3DModelSpace and post notification on the 3DModelSpace home page. You understand and agree that if you use the Service after the date on which the Terms have changed, CDS will treat your use as acceptance of the updated Terms. The Terms constitute the whole legal agreement between you and CDS and govern your use of the Service. You agree that CDS may provide you with notices, including those regarding changes to the Terms, by email or postings on 3DModelSpace. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with CDS under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and CDS agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms.
October 23, 2007