Section 1: Definitions
- The “Service” refers to software, products, and Services provided by Mechanomy.
- The “Website” refers to Mechanomy.com, including subdomains of Mechanomy.com, and all Content, products and Services provided by Mechanomy at or through the Website.
- “User” refers to any person, organization, or group visiting the Website, using the Service, or directing the use of the Service.
- “Mechanomy” refers to Mechanomy, LLC as well as Mechanomy’s associates and affiliates.
- “Content” refers to Content stored or displayed on the Website, including but not limited to system models and modeling results. “User Generated Content” is Content created or uploaded by Mechanomy’s Users.
- “Public Content” refers to Content designated by a User as “Public” and may be distributed or shared with other Users or used in Mechanomy’s advertisements
- “Private Content” refers to Content designated by a User as “Private.” Private Content will be stored in the Users “Private Storage”, and will not be distributed, shared, or used in advertising.
- Mechanomy’s Content includes the Services, models created and made available by Mechanomy, and all information posted by Mechanomy on the Website
- “Account” refers to the legal relationship between Users and Mechanomy.
Section 2: Account Terms
To create an Account at
Mechanomy.com Users must provide:
- A valid email address
- A valid username, and
- A valid password
- Any other personal information is optional unless Users opt for a paid Account in which case more information is required by the payment processor for billing purposes
- To create an Account at Mechanomy.com Users must provide:
- To create an Account with Mechanomy.com, Users must be age 13 or older. Mechanomy does not target Mechanomy’s Service to children under the age of 13, and Mechanomy does not permit users under the age of 13 to use Mechanomy’s Services.
- the Users’ Account may only be used by one person, and may not be shared with other people, companies, or organizations.
- No Content or Service may be downloaded from Mechanomy.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Content or Services is at the Users’ sole risk.
- Users are responsible for maintaining the security of the Users’ Account. Users are also responsible for all Content posted and activity that occurs under the Users’ Account.
- Mechanomy’s Services may be used for the Users’ own personal use or for commercial purposes. When using the Service for commercial purposes, Users acknowledge that Mechanomy provides NO WARRANTY that the Service will function correctly, be available at any given time or place, provide accurate results, or function in a timely manner.
Illegal and/or unauthorized
use of Mechanomy.com are prohibited, including, without limitation:
- Collecting usernames, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited messages or unauthorized framing of or linking to Mechanomy.com, or
- Employing third-party promotional sites or software to promote Accounts for money.
- Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from User Accounts without notice or explanation and may result in termination of the Users’ Account.
- Mechanomy reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of Mechanomy.com.
Prohibited Content – Users
agree that Users will never upload, post, host, or transmit any
- Promotes, advances, or indicates illegal activities
- Is or contains sexually obscene Content
- Is libelous, defamatory, fraudulent, misleading, threatening, discriminatory or abusive
- Depicts or glorifies violence, including violent images
- Contains, installs, or uses Mechanomy’s system to install any malware or exploits
- Infringes on any individual rights, including copyright, trademark, patent, trade secret, right of publicity, or other rights
Prohibited Conduct – Users
agree that Users will never:
- Harass, abuse, threaten, or incite violence towards anyone (either individually or as a group), including Mechanomy and its representatives or other Mechanomy Users;
- Use Mechanomy’s Website to relay any form of unsolicited advertising or solicitation (for example, Spamming) through Mechanomy’s servers;
- Attempt to disrupt or tamper with Mechanomy’s Website or Service in ways that could harm Mechanomy’s Website or Service, to place undue burden on Mechanomy’s Services through automated means, or to access Mechanomy’s Service in ways that exceed the Users’ authorization;
- Impersonate any person or entity, including any of Mechanomy’s employees or representatives, including through false association with Mechanomy, or by fraudulently misrepresenting the Users’ identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
Section 4: User Generated Content
- Users may create or upload Content while using the Service. Users are solely responsible for all Content created or uploaded by their Account, and Mechanomy is not responsible for any public display or misuse of the Users’ Content.
- Mechanomy may refuse or remove any Content that, within Mechanomy’s sole discretion, violates any of Mechanomy’s terms or policies.
- Users retain ownership of and responsibility for the Users’ Content. If Users post any Content that Users do not own or did not create, then Users agree that Users are responsible for the Content and that Users will only upload Content that Users have a right to upload.
Because Users retain
ownership of the Users’ Content, Users do hereby grant Mechanomy
certain licenses for the Users’ Content, including:
- A limited license to use, modify, delete from, add to, publicly display, reproduce, and distribute the Users’ Public Content.
A license for Mechanomy to
use Users’ Public Content in promotional materials outside of
Mechanomy.com and may be used in print, Internet, billboard, or
television advertising for Mechanomy.com.
- However, Mechanomy does not have the right to sell the Users’ Content or use it to promote anything other than Mechanomy.com.
- Mechanomy is not required to pay Users or anyone else who has rights in the Content for its use on Mechanomy.com.
- Mechanomy may use the Users’ Content so that Mechanomy is able to provide the Service.
- Mechanomy may use the Users’ Content worldwide.
- All licenses granted to Mechanomy are not to be construed to require violation of Users’ non-transferable or non-waivable intellectual property rights. If any license violates non-transferable or non-waivable rights, the license will be construed as narrowly as needed to avoid violation.
- Users may grant further rights if Users adopt a license for the Users’ Content. If Users are uploading Content Users did not create or own, Users are responsible for ensuring that the Content Users upload is licensed under terms that grant these permissions.
- Mechanomy reserves the right to limit the storage capacity of the Users’ Account regarding Content Users post on or in connection with Mechanomy.com.
By designating the Users’
Content as Public, Users agree to allow other Users to view,
download, save, host, share, and distribute the Users’ Content as
they wish or according to the licenses Users attach to the Users’
- If Users remove, delete, or change the Users’ Public Content to Private, Users agree to allow all other Users who have downloaded, saved, hosted, shared, or distributed the Users’ Public Content to maintain the license granted by this Agreement indefinitely until the other Users also remove or delete the Content.
Section 5: Private Storage
- Private Storage for the Users’ Account will be treated as confidential, and will not be shared or distributed by Mechanomy without the Users’ permission.
- However, if Mechanomy has a reason to believe the Content in the Users’ Private Storage violates the law or this Agreement, Mechanomy has the right to access, review, and remove it. Mechanomy may also be compelled by law to disclose the Contents of the Users’ Private Storage.
Section 6: Copyright Infringement Policy
If Users believe the Contents of Mechanomy’s Website violate the Users’ copyrights, please contact us at firstname.lastname@example.org. There may be legal consequences for sending false or frivolous takedown notices, and before sending a takedown notice Users must consider legal uses such as fair use and licensed use. Repeat infringers will have their Accounts terminated.
Section 7: Intellectual Property Notice
- Mechanomy retains ownership of all intellectual property rights of any kind related to the Website and Service. Mechanomy reserves all rights that are not expressly granted to Users under this Agreement or by law.
- Unauthorized use of Mechanomy’s intellectual property will be considered a violation of this Agreement, and the Users’ Account will be terminated. Furthermore, Mechanomy retains the right to bring legal action against any and every infringer.
Section 8: Content Hosting Terms
- By accepting this Agreement, Users agree to allow Content Users designate as Public Content to be viewed, hosted, downloaded, and shared by other Users.
- Removing or deleting the Users’ Public Content will not remove or delete copies of the Users’ Content from other Users’ storage.
Section 9: Advertising Policy
- Mechanomy may choose to display or use User Content for advertising purposes in advertising Mechanomy or Mechanomy’s Services.
- Only Public Content will be used for advertising. Private Content will never be used for advertising purposes.
- Public Content that is used for advertising purposes will only be used for advertising, and will never be sold.
- If the Users’ Content is being used for advertising purposes and Users would like to us to stop using the Users’ Content for advertising, please email email@example.com and Mechanomy will take down the advertisement as soon as is practicable.
- If Users remove the Users’ Content from Mechanomy.com or change the Users’ Content from Public to Private, Mechanomy will cease advertising distribution as soon as practicable with the understanding that it may take a significant amount of time to cease print circulation or remove billboard signage.
Section 10: Payment Policy
- Mechanomy.com does not process the Users’ payment information. All payment transactions are made through PayPal, Inc.
- By using PayPal, Users are agreeing to abide by their Terms of Service.
Section 11: Termination and Cancellation
- At anytime Users can revoke the Users’ acceptance of this Agreement by terminating the Users’ Account and ceasing use of Mechanomy’s Service.
- To terminate the Users’ Account:
- Send an email to firstname.lastname@example.org from the User’s registered email.
Section 12: Communication with Mechanomy
- For contractual purposes Users agree that (1) Mechanomy may contact Users electronically by either the email Users provide for the Users’ Account or by the Service, and (2) all documents including this Agreement and other documents provided by Mechanomy satisfy any legal requirements that would ordinarily be satisfied by a paper document.
- Any legal notice to Mechanomy must be made in writing and delivered to Mechanomy’s registered agent. Emails or electronic communications will not constitute legal notice to Mechanomy.
- Mechanomy does not provide phone support. Mechanomy only provides email and electronic communications support.
- Emails may be addressed to email@example.com.
Section 13: Disclaimer of Warranties
- Mechanomy provides its Service “as-is” and “as available”, and does not offer a warranty of any kind. Mechanomy disclaims all warranties including, but not limited to, express, implied, or statutory warranties regarding the Website and the Service including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
- Mechanomy does not warrant that the Service will: meet the Users’ requirements; function error free, timely, or securely; provide accurate, reliable, or correct information; have any defects or errors corrected; be available at any given time or location; or be free of any viruses or harmful components. Users may use the Service at the Users’ own risk, and Users assume responsibility for any loss resulting from use of the Service.
Section 14: Limitation of Liability
IN NO EVENT SHALL MECHANOMY BE LIABLE TO USERS OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM USERS’ USE OF MECHANOMY.COM OR THE SERVICE, EVEN IF MECHANOMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MECHANOMY’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO MECHANOMY FOR USING MECHANOMY.COM.
Section 15: Release and Indemnification
Users agree to indemnify and hold Mechanomy, its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of the Users’ use of Mechanomy.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of the Users’ representations and warranties set forth in this Agreement and/or any Content that Users post on or in connection with Mechanomy.com.
Section 16: Changes to these Terms of Service
Mechanomy may change the terms of this Agreement in the future. Any changes will be sent to Users 30 days before they take effect via the email address Users provided for the Users’ Account. All changes must be accepted before Users can resume use of the Service.
Section 17: Miscellaneous
- Disputes with Mechanomy
- This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. Users and Mechanomy agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or Mechanomy.com, and all disagreements will be governed and construed in accordance with the laws of Wisconsin. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Disputes with other Users
- Users are solely responsible for the Users’ interactions with other Users, third-party developers or any other parties with whom Users interact through Mechanomy.com. Mechanomy reserves the right, but has no obligation, to become involved in any way with these disputes.
- This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.