Updated Date：May, 2022
1. Introduction
Welcome to use Bench3D software product and services (the “Product”).
1.1. “Bench3D” refers to the professional 3D modeling online collaboration tool（https://bench3d.com） legally owned and operated by Beijing Jinghai Technology Co., Ltd. (hereinafter referred to as “Jinghai Technology”). The functions of the Product include but not limited to data processing of the CAD model, browsing model data, sharing model data, annotate freely with text plus outline, and online presentation, etc. The specific service will be subject to the actual services provided by Jinghai Technology (hereinafter referred to as “Services”).
1.2. The “User” refers to the user who registers, logs in and uses the Product, and will be more referred to as “you” in this Agreement. Terms and Services of the Bench3D Software Product (hereinafter referred to as “Agreement”) refers to the agreement entered into between you and Jinghai Technology on your registration, login and use behavior and obtaining the Product.
1.3. To ensure your use of the Product, please read carefully and fully understand the content of the various terms, especially the terms of exemption and limitation of liability, and other terms that involve your significant rights and interests, which may be bolded to prompt your focused attention.
1.4. If you are under 18 years of age, please be accompanied by a legal guardian or be represented by a legal guardian.
1.5. Your registration, login and use of the Product shall be deemed that you have fully read and voluntarily accepted the contents of this Agreement, including any modification made by Jinghai Technology to this Agreement from time to time, and become the user of the Product. This Agreement shall constitute a legally binding agreement made between you and have legal or contractual effect.
1.6. If you are a user outside the People’s Republic of China, your entry into or performance of this Agreement shall comply with the laws of the country or region of your nationality, and/or where you are located.
2. Service Content
2.1. Service Content: Jinghai Technology provides the services website which domain is www.bench3d.com (the “Website”), which allows you to upload CAD models anytime and anywhere, use web tools for browsing, support multiple people to exchange views on the same model, real-time decision making and use the web-based presentation to support your browsing and sharing to others with your controlled access, to improve the efficiency of decision making. The Product will also be constantly updated and improved to meet your growing needs.
2.2. Scope of Service license:
2.2.1. Jinghai Technology will grant you a non-exclusive, non-transferable, and non-sublicense license for the Product.
2.2.2. All other rights not expressly authorized by this article and other terms of this Agreement are still reserved by Jinghai Technology. You shall obtain Jinghai Technology’s written permission when exercising such rights. Jinghai Technology’s failure to exercise any of the foregoing rights does not constitute a waiver of such rights.
3. User’s Accounts and Security
3.1. Account registration
3.1.1. Before you use the Product and Services, you need to provide personal information to complete the registration and password setting. You can register through a third-party software account (such as WeChat account) approved by Jinghai Technology. To ensure that the safety and effectiveness of the Service and continuous optimization, you agree to authorize Jinghai Technology to verity and reasonably use your personal information.
3.1.2. Your successfully registered account password can only be used properly by you. It should not be used for illegal purposes, damage the interests of others, malicious batch registration, disclosure, lending, grant or transfer to others. Otherwise, you shall be responsible for such improper use.
3.1.3. The same user can only register and bind one account. The same mobile phone number, third party software account, meeting any of the conditions are considered as the same user.
3.1.4. You shall be responsible for the authenticity, accuracy, and legitimacy of the registration information you provide, and update your information in time. If you provide any information that is illegal, unethical, or deemed by Jinghai Technology to be unsuitable for display on the Product, or if Jinghai Technology has reason to suspect that your information is procedural or malicious operation, Jinghai Technology may reserve the right to suspend or terminate your account and refuse all or any part of your use of the Product now and in the future.
3.1.5. Jinghai Technology shall not be responsible for any registration information of any user, including but not limited to identifying and verifying the authenticity, correctness, completeness, suitability and/or whether any registration information is the latest information.
3.2. Security of user’s account
After completing the registration process of the Product and successfully registering, you can use your registration information and password to log in to your account in the Product. It is your responsibility to protect your account. You agree that:
i. You shall be fully responsible for all activities using your password and account, including but not limited to any data modification, browsing, model design in the Product. You should attach great importance to the confidentiality of your account and password, and do not disclose your account and password to others under any circumstances. You will immediately notify Jinghai Technology of any unauthorized use of your account with the Product or any other security issues.
ii. If you fail to keep your account and password, Jinghai Technology cannot and does not bear any responsibility for any loss or damage arising therefrom.
iii. You are responsible for maintaining the security and confidentiality of your personal account and password and bear full legal responsibilities for the activities you engage in on behalf of your registered account. If you fail to keep your account and password, you shall be fully responsible for the damage caused to you, Jinghai Technology or a third party.
4. Protection and Authorization of User’s Personal Information
4.1. You acknowledge and agree that, to facilitate your using of the Product and Services, Jinghai Technology will collect, use, store and share your personal information and necessary information in accordance with this Agreement and the Bench 3D Privacy Policy. Except for the circumstances prescribed by laws and regulations, the Bench 3D Privacy Policy, or otherwise agreed upon, Jinghai Technology will not obtain, store, or disclose your personal information to any third party without your permission.
4.2. You acknowledge and confirm that you need to provide real identity information in the process of registering an account or using the Product. Jinghai Technology will use email, mobile phone, etc. to authenticate the real identity information in accordance with the requirements of national laws and regulations. If the information you provide is untrue and incomplete, you shall not be able to use the Product or be restricted in the process of use, and you shall bear the adverse consequences arising therefrom.
4.3. You acknowledge and agree that within the scope of laws and regulations, Jinghai Technology will use third-party tools to track users' usage behavior in the web application and collect part of user information for analysis.
4.4. Jinghai Technology will apply a variety of security technologies and procedures to establish a sound management system to protect your personal information and avoid any unauthorized access, use or disclosure.
4.5. Jinghai Technology shall not disclose your personal information to any company, organization or individual without your permission , except as provided by laws and regulation.
4.6. Jinghai Technology attaches great importance to the protection of personal information of minors. If you do not have full civil capacity, you need to obtain a written consent from your legal guardians before using the Product.
4.7. You may read the Bench 3D Privacy Policy of Product to learn more about what information collects or retains, how it is used, rights of you and how to protect your personal information.
5. User’s Codes of Conduct
5.1. Information Content Specification
5.1.1. The Information Content described in this article refers to any content that you process, download, use, publish, distribute, and otherwise generate using the Product. You shall be solely responsible for the Information Content.
5.1.2. You shall be responsible for the authenticity and legality of the Information Content released by using the Product. If it is necessary to obtain the prior authorization or approval of the Information Content owner or any authorized third party, such authorization or approval shall be obtained in advance. Once you publish the Information Content, you will be deemed to have obtained such prior authorization or approval.
5.1.3. Jinghai Technology cannot read the content of any file model you upload unless you actively set it to public in the sharing permission settings.
5.1.4. You understand and agree that Jinghai Technology is committed to providing users with a civilized, healthy, standardized, and orderly network environment. You shall not use the Products to produce, copy, publish, or disseminate content, including but not limited to the following:
i.violating the basic principles established by the Constitution of China.
ii.endangering national security, divulge state secrets, subvert state power and undermine national unity.
iii.inciting national hatred and ethnic discrimination and destroy national unity.
iv.undermining national religious policies and promote cults and feudal superstition.
v.spreading rumors, disturb the social order and undermine social stability.
vi.disseminating obscenity, pornography, gambling, violence, terror or abet any crime.
vii.insulting or slandering others and infringe legitimate rights and interests of others.
viii.contains false, deceptive, harmful, coercive, invasive, harassing, invasive, libelous, vulgar, obscene, or other morally objectionable content.
ix.infringing other’s privacy, personal information, intellectual property rights, such as copyrights, trademark rights and other legal rights.
x.spreading commercial advertisements for tobacco, alcohol, drugs, cosmetic surgery, health care products, or similar commercial solicitations, spreading excessive marketing information and spam.
xi.contains other content that is restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any norms with legal effect, or contains content that Jinghai Technology deems unsuitable for display.
5.2. Product Usage Specifications
5.2.1. You agree to use the Product in a reasonable and legally manner as agreed in this Agreement, except as permitted by law or as otherwise permitted in writing by the Jinghai Technology. The Product is only used to assist in the communication about CAD model information and does not bear any responsibility for model application scenarios, including but not limited to the use of models for production.
5.2.2. Any pictures, models, and other content that you share, download, use, disseminate, or publish through the Product are for your personal use only. You shall not transfer the user rights obtained in accordance with the Agreement with compensation or free, and shall not engage in the following:
i.login or use the Product and Services through any third-party’s software, plug-in, add-on or system that are not provided or authorized by Jinghai Technology;
ii.sell, lease, land, copy, modify, link, reproduce, compile, release, publish or other behaviors for the content that Jinghai Technology owns intellectual property rights.
iii.conduct reverse engineering, reverse assembly and reverse compiling on the Product, or any other attempts to discover the source code of the Product.
iv.intercepting, altering, collecting, storing or deleting third-party’s personal information, site mail or other data without legal authorization, or using such information for any illegal or improper purpose.
v.copy, modify, add, delete and mount the data stored in any terminal memory by the Product or during the operation of the Product, the interactive data between the client and the server during operation of the Product, and the system data necessary for operation of the Product, or create any derivative works by using plug-in, add-on or third-party tools/services unauthorized by Jinghai Technology to access to the Product and related systems.
vi.add, delete, change the functions or operating effects of the Product by modifying or forging the instructions and data, or operate or disseminate to the public the Product and methods used for the purpose described above, regardless of whether such acts are for commercial purpose.
vii.interfere with the Product and its components, modules and data on your own or by authorizing others or third-party software to do so.
viii.use any means, including but not limited to third-party software, plug-ins, plug-ins, systems, equipment, to interfere with, destroy, modify the Product, or implement any other activities that endanger network security.
ix.other acts that violate laws, regulations, policies or are not expressly authorized by Jinghai Technology.
5.2.3. In addition to this Agreement, Jinghai Technology will remind users to regulate the use of the Product and the Services within the service platform in various forms, which you must abide by. You have recognized that Jinghai Technology cannot fully control the user’s behavior. You shall make your own judgment on the content and bear all risks arising from the use of the content, including the content’s correctness, integrity, or legality. Jinghai Technology shall not be liable for any loss or damage caused by the above risks to the extent permitted by law. In any case, if Jinghai Technology has reason to believe that any of your action violate or may violate the obligation hereof, Jinghai Technology has the right to independently judge and deal with it, and terminate the Services to you without notice, and investigate the relevant responsibilities to you. You shall be solely liable for any claims from third-party arising out of or in connection with your breach of the Agreement.
6. Liability
6.1. If Jinghai Technology finds or receives a report or complaint from third-party about your violation to this Agreement or the existence of any malicious behavior, Jinghai Technology has the right to remove or obscure relevant content at any time without notice, impose penalties on the violating account including but not limited to warning, restriction, or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment. Jinghai Technology has the right to keep relevant records for suspected violations of laws and regulations, illegal and criminal behavior, and report to relevant authorities department, cooperate with such department’s investigations in accordance with the law. Jinghai Technology has the right not to return the deleted content.
6.2. You shall be solely liable for any complaint or claims arising out of your breach of the Agreement or other terms of regulation. If Jinghai Technology makes compensation to any third-party or suffers punishment from the administrative due to your illegal or breach of this Agreement, you shall also compensate Jinghai Technology for all losses incurred.
6.3. Jinghai Technology respects and protects the intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests of legal entity and citizens. You guarantee that any content uploaded using the Product, including but not limited to text, model, video, audio, and links shall not infringe any third party's intellectual property rights, reputation rights, name rights, privacy rights and other legal rights and interests. Otherwise, Jinghai Technology has the right to remove the allegedly infringing content after receiving notice from the third-party. You shall sole assume all responsibility for any third party's claims. If Jinghai Technology suffers losses due to your infringement, including but not limited to economic and goodwill losses, you shall fully compensate Jinghai Technology for all losses.
7. Interruption and Termination of the Services
7.1. You understand and agree that Jinghai Technology has the right to temporarily or permanently modify or terminate the Services in whole or in part at any time, with or without notice. You agree that Jinghai Technology shall not be liable to you or any third-party for any modification, suspension, or termination of the Services, and you shall update properly, backup or transfer your data.
7.2. Jinghai Technology has the right to interrupt or terminate one or more of the Services based on actual circumstances due to your breach of this Agreement. In case of serious violation, Jinghai Technology will directly terminate your right to use the Product.
7.3. If you have any objection to the contents of this Agreement or are not satisfied with the Product, you may exercise the rights as following:
i. stop using the Product.
ii. cancel your account by yourself or notify Jinghai Technology to cancel your account.
The cancellation of your account will result in the deletion of your personal information, drawing records, and comments and other information on this Product. The corresponding rights and obligations of you and Jinghai Technology shall be terminated accordingly, but your obligation for any damages will not be terminated, and Jinghai Technology shall not be liable for any unprocessed information or incomplete services transmitted to you.
8. Disclaimers
8.1. You understand and agree that the Product may be affected or interfered with by a variety of factors, therefore, Jinghai Technology makes no warranties including but not limited that:
i.completely suitable for the user's requirements.
ii.free from interference, timely, safe, reliable or error free; and any software, services or other materials obtained by the user through this Product meet the user's expectations.
iii.any errors in the Product will be corrected.
8.2. You shall exercise caution and discretion with respect to any information involving property, including but not limited to the account passwords, advertising, or promotional information. Jinghai Technology shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages for loss of profits, goodwill, data or other tangible or intangible losses suffered by you as a result of the foregoing.
8.3. You understand and agree that the Services may be interrupted due to force majeure and other risk factors during the use of the Product. Force majeure refers to unforeseeable, insurmountable, and unavoidable objective events, including but not limited to Government actions, natural disasters, cyber causes, hacking, war or any other similar events. In the event of force majeure, Jinghai Technology will endeavor to repair the situation in the first instance, and you agree that Jinghai Technology shall not be responsible for any damage caused to you by force majeure.
8.4. Jinghai Technology will obtain the right to deal with the illegal content in accordance with this Agreement, and such right is not an obligation or commitment of Jinghai Technology. Jinghai Technology cannot guarantee that illegal acts can be detected or dealt with in a timely manner. Jinghai Technology has no obligation to judge and guarantee the legal compliance and non-infringement of any content you upload.
8.5. You expressly understand and agree that Jinghai Technology disclaim all warranties, express or implied, in connection with this Agreement and Services thereof, including but limited to the merchantability, fitness for a particular purpose. You shall be at your sole risk for the use of Product.
8.6. You expressly understand and agree that your use of the Services shall be at your sole risk, the risk including but not limited to any damage to or loss of data caused by the download, and any risk that the text, CAD models, information, data, music, photos, graphics, video, or other personal information uploaded by you may be copied, reproduced, or otherwise used by other entity or individuals.
8.7. You expressly understand and agree that the Product is provided to you "AS IS", and Jinghai Technology shall not be liable for the timeliness, deletion, transmission error, non-storage or any other problems of user information with personalized settings. Jinghai Technology has the right to suspend any part of the Services for maintenance, upgrade or other purpose without prior notice.
8.8. You expressly understand and agree that this Agreement guarantees compliance with national laws and regulations, safeguards public order and morals, and protects the legitimate rights and interests of others. Jinghai Technology will try best to make judgment within the capacity in according with relevant laws and regulations, but Jinghai Technology shall be not guarantee that the judgment completely consistent with the judicial and administrative organs. You shall ensure that you understand and agree to assume the consequences arising therefrom.
9. Intellectual Property Rights
9.1. Jinghai Technology is the intellectual property owner of the Product. All the copyrights, patents, trademarks, trade secrets and other intellectual property rights of the Product, and other information related to this Product are protected by the laws and regulations of the People’s Republic of China and corresponding international treaties, Jinghai Technology entitles the above intellectual property rights, except for the rights belonging to others by law.
9.2. You shall not, or permit any third-party to, implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without prior written consent from Jinghai Technology, Jinghai Technology reserves the right to pursue legal responsibility for the above actions.
9.3. You understand and agree that any information released and uploaded while using the Product, including but not limited to text, pictures, models, videos, audio, is original or legally authorized and sub-licensed by you. The intellectual property rights of the information you upload through the Product shall belong to you or the original owner.
9.4. You agree to grant Jinghai Technology the free, non-exclusive, worldwide right to collect, use, store, manage and protect the user content generated in the process of using the Product for provide, optimize and advertise the Product. Jinghai Technology will use user's content in accordance with the Bench 3D Privacy Policy and on a reasonable basis. Your necessary authorization and consent does not imply that Jinghai Technology will use the content generated by you in the course of using the Product, nor does it change your ownership of the user's content or the ownership of its intellectual property rights, nor does it affect any lawful use of the user's content by you.
10. Complaint Methods and Processing
10.1. If you find any content in the Product that infringes your rights, please contact Jinghai Technology immediately via the email [ ], and provide preliminary evidence that you have the relevant rights. Jinghai Technology will promptly handle your complaint in accordance with the law.
10.2. In the process of dealing with a complaint, Jinghai Technology has the right to provide the necessary information, such as the subject information, contact information, or complaint content of the relevant parties to the counterparty or relevant departments, to solve the complaint and dispute in time and protect the legitimate rights and interests of all parties. You guarantee that you will be responsible for the authenticity, legality and validity of the information, materials, and evidence provided in the complaint processing.
10.3. Jinghai Technology advocates you to participate in maintaining and supervising the compliance and cleanliness of the environment in which the Product is used. Regardless of whether Jinghai Technology takes the initiative to discover your improper or illegal behavior, or Jinghai Technology based on reports or complaints and preliminary investigation of your improper or illegal behavior, Jinghai Technology has the right to immediately take necessary measures to stop the continuation of such behavior without prior notice.
11. Jurisdiction and Application of Law
11.1. This establishment, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China.
11.2. In case of any disputes between you and Jinghai Technology, it shall first be resolved through negotiation. If the negotiation fails, you agree to submit the dispute to the people’s court with jurisdiction in the place where Beijing Jinghai Technology Technology Co., Ltd. is located.
11.3. The headings of all terms of this Agreement are only for convenience of reading, and do not have any legal or contractual effect.
11.4. If any terms of the Agreement shall be or becomes invalid or unenforceable at any reason, the remaining terms shall remain valid and binding on both parties.
11.5. This Agreement may be drafted in different languages, including Chinese and English. In case of any inconsistency and discrepancy, the Chinese version shall prevail.
12. Miscellaneous
12.1. Your login and use of the Product shall be deemed that you have read and agreed to be bound by this Agreement.
12.2. Jinghai Technology has the right to modify this Agreement according to the needs in national policies, technical conditions, or product functions, and release the latest agreement. You can refer to the relevant agreement terms in the latest version of the Product. After the terms of this Agreement are modified, if you continue to use the Product, you shall be deemed to have accepted such modification.
12.3. This Agreement includes the relevant agreements and rules, which Jinghai Technology has released and may release from time to time, including the Bench 3D Privacy Policy. Jinghai Technology will remind you to read the released agreements in time by appropriate methods, such as website announcement, system notice. The foregoing relevant agreements and rules constitute an integral part of this Agreement and have the same legal effect as this Agreement.
12.4. Unless otherwise expressly provided in this Agreement, the addition or enhancement of functions of this Product, including the new products launched, are subject to the specifications of this Agreement.
12.5. All notifications from Jinghai Technology to you may be made through web announcements, email, mobile phone messages or regular mail delivery. Your contact information is based on the information you have reserved in this Product. Such notices shall be deemed to have been delivered to the recipient on the date of sending.
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