Terms

The right of all Users to use the Services and Customer Data is subject to the terms set out in this EULA. By using the Services and Customer Data a User accepts the terms set out below.. If the User does not agree to be bound by the terms of this EULA, the Services and Customer Data may not be used. 

  1. DEFINITIONS

“Company” means dandelion + burdock LLC.

“Company Content” means all images, text, information data, audio, video, graphics and other material included or otherwise made available through the Services (excluding Customer Data).

“Customer” means the Customer who has entered into a license agreement with the Company entitling it to use the by completing the online registration form for use of the Services.

“Customer Data” means all data or content imported into the Services by the Customer for the purpose of using the Services or facilitating the Customer’s use of the Services, which shall include but not be limited to 3D models, images and related content, User comments (excluding any Company Content.

EULA” means these end user terms.

“Services” means the services provided by the Company to the Customer.

“User(s)” means persons or entities authorised by the Customer to access Customer Data included in the Services.

  1. LICENSE

In consideration of the User’s agreement to the terms of this EULA, the Company grants the User, a non-exclusive right (the “License”) to use Customer Data contained within the Services as permitted by this EULA. The License is personal to the User, and may not be assigned, sold or transferred in any way to any person or persons or company.

The User may not:

(i) Transfer or part with possession of the Customer Data or seek to sub-license or assign the License or the User’s rights under it;

(ii) Use, copy or transfer the Customer Data or other component parts of the Services, except as allowed for by this EULA;

(iii) Distribute, rent, loan, lease, give, sub-license or otherwise deal in the Services or Customer Data and or any other component elements of the Services;

(iv) Alter, adapt, merge, modify or translate the Services or Customer Data or other component elements of the Services in any way;

(v) Reverse engineer, disassemble or de-compile the Services or Customer Data other than with the prior, unless this is otherwise permitted by law.

(vi) Promote any illegal activity, or advocate, promote or assist any unlawful act.

(vii) Transmit any material or content that is pornographic, obscene, improper, offensive, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, shocking, inappropriate for families, illegal, or otherwise objectionable.

(viii) Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

(ix) Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group. 

(x) Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. 

(xi) Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods.

(xii) Use the Services in a manner that is likely to interrupt, suspend, slow down or hinder the continuity of the Services. 

(xiii) Breach the rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this EULA

The User’s right to use the Services or Customer Data will terminate automatically if the User fails to comply with any term of this EULA.

  1. ACCOUNTS

Users must set up an account to access Customer Data by completing an online form. 

Users must: 

(i) Provide accurate and true information in creating an account;

(ii) Ensure that their information is kept up to date and remains accurate. 

(iii) Not transfer an account to a third party.

(iv) Keep account login information secure.

(v) Keep all activities that occur under their account confidential. 

(vi) Immediately notify the Company without delay of any unauthorised use or breach of security in relation to use of the Services or Customer Data.

  1. LIABILITY FOR CUSTOMER DATA

Customers make Customer Data available to Users for download. Each Customer is solely responsible for choosing an appropriate license applicable to the further use or its Customer Data, when available for download. By downloading Customer Data made available by a Customer, each User agrees to adhere to the terms of any license that applies at the time of download. 

The Customer, not the Company is liable to Users for Customer Data that Users may download by using the Services. 

  1. DEACTIVATION, SUSPENSION AND TERMINATION

The Company reserves the right to: 

(i) Deactivate, reallocate or rename a username at its sole discretion;

(ii) Block or prevent a User’s future access to and use of the Customer Data or Services or any part thereof.

(iii) Terminate the account of any User who has been notified of any breach of this EULA in relation to use of Customer Data.

The Services are not intended to be used by any person under 18 years of age and the User hereby represents and warrants that they are 18 years of age or older.

  1. LINKS TO OTHER WEBSITES

The Services or Customer Data may offer links to other websites and services thereby enabling Users to leave the Company’s website and go directly to linked websites. The Company is not responsible for the content of any linked website or any link in a linked website. The Company is not responsible for any transmission received from any linked website. Such links are provided to assist Users and the inclusion of a link does not imply that the Company endorses or has approved the linked website or services.

Please note that the terms of use and privacy policy of linked websites may differ from the terms of this EULA. The Company encourages Users to be aware of this when they leave the Company website, and to read the terms of use and the privacy policy of such third party websites.

  1. NO WARRANTY

All warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose) are excluded to the fullest extent permitted by law. The Company does not warrant that the operation of the Services or access to Customer Data will be error free or uninterrupted. It is the User’s exclusive responsibility to ensure that the Services and Customer Data are suitable for the User’s needs and the entire risk as to its performance and as to results obtained from its use is assumed by the User. The User hereby acknowledges that the content and accuracy of documents produced by the Services are the User’s sole responsibility and, whether or not produced using the Service, the User also remains responsible for ensuring that any information, opinions, recommendations, forecasts or other comments submitted to third parties are accurate and complete.

  1. LIMITATION OF LIABILITY

The Company shall not be liable for any direct, consequential, incidental or special damage or loss of any kind (including, but not limited to, loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract or tort, including negligence or otherwise. If any exclusion, disclaimer or other provision contained in this EULA is held to be invalid for any reason by a court of competent jurisdiction and the Company becomes liable thereby for loss or damage that could otherwise be limited, such liability whether in contract, tort or otherwise, will not exceed the amount paid by the User for the Services.

The Company does not exclude or limit its liability for fraud, death or personal injury caused by the Company’s negligent act, omission or wilful misconduct.

  1. INDEMNITY

The User agrees to indemnify and hold the Company, its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including reasonable legal fees) assessed or incurred by the Company directly or indirectly, with respect to or arising out of a claim based upon: 

(i) The User failing to comply with its obligations under this EULA.

(ii) A breach by the User of any term of this EULA.

(iii) A third party claim for breach of its intellectual property rights, data protection law or privacy right.

(iv) Damage caused to a third party by Customer Data. 

The User must immediately inform the Company of any such complaint, claim or action without delay.

  1. LAW AND JURISDICTION

The terms of this EULA will be governed and construed in accordance with English law, and any dispute arising under this EULA or in connection with the Services shall be submitted to the exclusive jurisdiction of the English courts.

The Company reserves the right to make changes to the terms of this EULA by giving the User 30 days notice by email or notification on its website and a User shall be deemed to have accepted such changes if they continue to use the Customer Data or Services after expiry of such 30 day period. 

This document was last updated on January 09 2017 and replaces previous versions.