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Terms of Use COSMIC BLOBS Website

Welcome to the COSMIC BLOBS Website!  SolidWorks provides this Website to let you and the rest of the world see all the great things you can do with COSMIC BLOBS software.  But your use of this site is subject to some rules, described below.  Kids – you should review these rules with your parents.  You should use this website only if you agree to these rules:

  • You can submit as many Blobs as you like to the Blobs Gallery when applicable.   If you submit a Blob to us, we can display it for as long or as short as we like (of course, you still have your copy too and can still play with it at home on your computer). 
  • We may not have the space to post all Blobs submitted and we may post any particular Blobs for only a short period of time to give other kids a chance to show off their Blobs.
  • If you see something you don’t like in the Blobs Gallery, please let us know.  We give kids lots of room to submit what they like, but sometimes they may submit something that is mean or not appropriate and we may take it down.

Here is a longer and more grown-up version of the rules.

Copyright Information. Copyright 2005 SolidWorks Corporation. All rights reserved.

Changes to these Terms of Use. SolidWorks may at any time revise these Terms of Use by updating this posting. You should check these terms periodically - you are bound by any such revisions.

Use of Materials on COSMIC BLOBS Website. The COSMIC BLOBS website has been created by SolidWorks Corporation, which owns or has a license to all the materials appearing here.  Unless otherwise noted below, you may view the materials at this Website only for your personal, informational, and noncommercial purposes. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose.

COSMIC BLOBS PRIVACY POLICY   SolidWorks may collect information about the use of this COSMIC BLOBS Website, including the information identified in the COSMIC BLOBS Privacy Policy.  This information is subject to the COSMIC BLOBS privacy policy.  For more information, please see the full COSMIC BLOBS Privacy Policy at http://www.cosmicblobs/privacy.html 

SUBMITTED BLOBS AND INFORMATION.  The kids and adults who submit (“Submitters”) the Blobs they have created are solely responsible for the content of the models and other information (“Data”) they submit to the COSMIC Blobs website. Each Submitter warrants that Data posted by him or her will not contain content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights, such as copyrights, of any third party or (iv) violates the Acceptable Use Policy set forth herein. 

License for Data. By submitting Data (including, but not limited to, models, text, images or other material stored on the COSMIC BLOBS website) to the COSMIC BLOBS website, each Submitter hereby grants SolidWorks a worldwide, royalty-free, non-exclusive perpetual license to manipulate, reproduce, modify and permit downloads of Data. 

Use of COSMIC BLOBS Website by Public. By using the COSMIC BLOBS website, a User acknowledges that: (i) SolidWorks may not pre-screen Data and, as such, the User may be exposed to content that is indecent, offensive, or otherwise objectionable; and (ii) under no circumstances will SolidWorks be liable in any way for any Data.

Links to Other Websites. SolidWorks provides links to other websites from time to time as a convenience to you. SolidWorks does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. SolidWorks is not responsible for the content of any site that may be linked to the COSMIC BLOBS Website.

Right to Remove or Disable Access. If SolidWorks is made aware of Data that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that SolidWorks determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the set forth herein, SolidWorks has the right, but not the obligation, to remove or disable access to that Data. For Data that a public user reasonably deems to be in violation of law, SolidWorks shall remove such Data pursuant to the procedure described under the heading Copyright Infringement and Copyright Agent herein.

ACCEPTABLE USE POLICY  Submitter agrees to not use the COSMIC BLOBS website to:

  • upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  • harm minors in any way.
  • impersonate any person or entity, including, but not limited to, a SolidWorks official, or falsely state or otherwise misrepresent Submitter’s affiliation with a person or entity.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Data transmitted through the service
  • upload, post or otherwise transmit any content that Submitter does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • interfere with or disrupt the COSMIC BLOBS website or servers or networks connected to the COSMIC BLOBS website, or disobey any requirements, procedures, policies or regulations of networks connected to the COSMIC BLOBS website.
  • "stalk" or otherwise harass another.
  • collect or store personal data about other users.
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" services.
  • use the COSMIC BLOBS website (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the COSMIC BLOBS website.

COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT  SolidWorks will, in appropriate circumstances, terminate the right of Submitters involved in disputes regarding intellectual property rights to post BLOBS to the COSMIC BLOBS website and remove or disable access to related content. If a User believes that its work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this COSMIC BLOBS website, please provide SolidWorks' Copyright Agent a Notice containing the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
  • A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
  • A description of where the material that you claim is infringing is located on the COSMIC BLOBS website.
  • Information sufficient to permit SolidWorks to contact you, such as your physical address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

SolidWorks' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
Lynne Frye/Copyright Agent
SolidWorks Corporation
300 Baker Avenue
Concord, MA  01742
By telephone: +1 (978) 318-5170
By fax: +1 (978-371-5123
By email:copyright@solidworks.com

THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS COSMIC BLOBS WEBSITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO info@solidworks.com.

WARRANTIES AND DISCLAIMERS  THIS COSMIC BLOBS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  SOLIDWORKS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE DATA POSTED BY SUBMITTERS.  ALL DATA IS  PROVIDED "AS IS" AND "AS AVAILABLE"WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THE MATERIALS ON THE COSMIC BLOBS WEBSITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SOLIDWORKS MAKES NO WARRANTY THAT (i) THE COSMIC BLOBS WEBSITE AND INFORMATION WILL MEET SUBMITTERS’ AND/OR USERS’ NEEDS OR REQUIREMENTS, (ii) THE SERVICES AND DATA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY USER FROM THE COSMIC BLOBS WEBSITE WILL MEET USER’S EXPECTATIONS, AND (iv) THE COSMIC BLOBS WEBSITE AND/OR DATA IS COMPLETELY SECURE.  IN NO EVENT WILL SOLIDWORKS BE RESPONSIBLE FOR ANY SITUATION WHERE THE SECURITY, AVAILABILITY OR STABILITY OF THE COSMIC BLOBS WEBSITE IS COMPROMISED BY SUBMITTER OR A THIRD PARTY.

LIMITATION OF LIABILITY  IN NO EVENT SHALL SOLIDWORKS OR ITS LICENSORS BE LIABLE TO SUBMITTER OR USER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THIS COSMIC BLOBS WEBSITE OR OTHER MATERIALS OR SERVICES FURNISHED HEREUNDER OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF SUBMITTER TRANSMISSIONS OR DATA, EVEN IF SOLIDWORKS HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL SOLIDWORKS’ LIABILITY ARISING OUT OF, OR OTHERWISE RELATED TO THE SUBJECT MATTER HEREOF EXCEED  TEN DOLLARS ($10.00).SUBMITTERS AND USERS ACKNOWLEDGE THAT THE ALLOCATION OF RISKS AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS PARAGRAPH IS A MATERIAL CONSIDERATION FOR SOLIDWORKS PROVIDING THIS SERVICE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES THROUGH THE COSMIC BLOBS WEBSITE IS DONE AT USER’S OWN DISCRETION AND RISK, AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

INDEMNITY  Submitter agrees to defend, indemnify and hold SolidWorks, its subsidiaries, affiliates, officers and employees, harmless from and against any claim, action or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Data Submitter submits, posts to or transmits through the COSMIC BLOBS website, Submitter’s connection to the service, Submitter’s violation of these Terms of Use, or Submitter’s violation of any rights of another.

GOVERNING LAW  This COSMIC BLOBS website is controlled by SolidWorks from its offices within the Commonwealth of Massachusetts, United States of America and is intended for domestic U.S. users.  Nevertheless, given the global nature of the Internet, we recognize that it may reach people outside of the U.S.  If you are outside of the U.S., you access the Site on your initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.  Specifically, you agree to comply with all applicable laws regarding the transmission of your personal data to the United States and/or the transmission of technical data exported from the United States or the country in which you reside.  By accessing this COSMIC BLOBS website, you and SolidWorks agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this COSMIC BLOBS website and any Data. You may not use, download or export or re-export the material at this Website or any copy or adaptation in violation of the applicable laws and regulations, including without limitation, U.S. export laws and regulations. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.  This Agreement shall not be covered by the United Nations Convention on Contracts for the International Sale of Goods.  If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.

Terms of Use | Privacy Policy | License Agreement

 
 
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