General Terms of Service
General Terms of Service
These General Terms of Service, along with any applicable Additional Terms within our Services (collectively “Terms”, see section 1.2 below) govern your use of our Services such as (but not exclusively limited to) the Lumion website, the Lumion Community site, Customer Care, Technical Support, Lumion Account (collectively “Services”) and Software that we include as part of the Services, as well as any Applications, Addons, Sample Files, Content Files (defined below), Tutorials, and related documentation. Lumion, or any other programs by Act-3D that can be downloaded and installed on a user’s computer, will be referred to collectively as “Programs”.
The use of Act-3D’s Programs falls under its specific End User License Agreements (EULA) that is available via the Lumion.com website here. If you have entered into other agreements with us concerning specific Services or Programs, then the terms of that agreement supercede where it conflicts with the Terms. You retain all your existing rights and ownership in relation to your Content (see section 3 below).
1. Your Agreement with Lumion.
1.1 Choice of Law and Contracting Entity.
Regardless of where you reside, your relationship is with Act-3D B.V., a Dutch limited company, and the Terms are governed by the law of The Netherlands.
1.2 Additional Terms.
Our Services are licensed, not sold, to you, and may also be subject to one or more of the additional terms within the policies and agreements below (“Additional Terms”). If there is any conflict between the General Terms of Service and the Additional Terms, then the Additional Terms take precedence over that Service or Software. The Additional Terms are subject to change.
2. Use of Services.
Subject to your compliance with the Terms and the law, you may access and use the Services.
2.2 Act-3D B.V. Intellectual Property.
Act-3D (and our licensors) remain the sole owner of all right, title, and interest in the Services. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services . We reserve all rights not granted under the Terms.
When the Services provide storage, we recommend that you also back up your Content elsewhere regularly. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content.
2.4 Content Generated by Other Users.
We may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offensive or upsetting and yet does not break any of our listed rules. Should this be the case, your sole remedy is to stop viewing the content. If available, you may also click on the “Report” button to report the offensive user-generated content to us.
2.5 Content Files.
“Content Files” means Act-3D B.V. assets provided as part of the Services such as example projects, videos, images, or sounds for use in your projects, tutorials, demonstrations, and for other purposes. Unless separately agreed upon documentation or specific licenses state otherwise; we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.
2.6 Lumion Program License Types.
For information on all of Act-3D’s Program License types and each of their End User License Agreements, visit the following link: https://lumion.com/eula.html
3. Your Content.
“Content” means any material, such as (but not exclusively limited to) audio files, video files, electronic documents, or images, that you upload and import into the Services in connection with your use of the Services. For example, when using our Customer Care Service, you may be asked to upload your project and other files in order to diagnose an issue. Uploading files to our services for the purposes of Customer Care or Lumion Community participation is voluntary.
You retain all rights and ownership of your Content. Act-3D do not claim any ownership rights to your Content.
3.3 Licenses to Your Content in order to operate the Services.
We require certain licenses from you to your Content in order to operate and enable the Services and Software. When you upload Content to the Services and Software, you grant us a non-exclusive, worldwide, royalty-free License to use, display and store your content. This license is only for the purpose of operating or improving the Services.
3.4 Sharing Your Content.
(a) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public such as the Lumion Community and Customer Care Service. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
(b) Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. It is your responsibility to let other users know how your Content may be shared.
(c) Comments and Interaction. The Services and Software may allow you to comment on Content and interact with other users through social media mechanics such as upvoting and downvoting other users’ content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
(d) Promotion. Uploading Your content to our Services may give you the option to agree to allow Act-3D to promote your work in marketing and community activities such as official social media posts, blog articles and promotional videos. In every such case, Act-3D will display the information you provide in the “Credits” field when agreeing to allow Your Content to be promoted by us.
3.5 Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service.
3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
4. Account Information.
You are responsible for all activity that occurs via your account. Please notify Customer Care immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information; or (b) use another person’s account. As is the case with Lumion licenses, if an account is found to be compromised and/or is accessible by multiple users, we reserve the right to suspend the account pending an investigation which would involve proof of ownership and account security verification.
5. User Conduct.
5.1 Responsible Use. The Lumion communities consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
5.2 Misuse. You must not misuse the Services. For example, you must not:
(a) copy, modify, host, stream, sublicense, illegally distribute, or resell the Services;
(b) enable or allow others to use the Services using your account information;
(c) use the Services to construct any kind of database;
(d) access or attempt to access the Services by any means other than the interface we provide or authorize;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(f) share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
(g) upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) attempt to disable, impair, or destroy the Services;
(j) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services;
(k) disrupt, interfere with, or inhibit any other user from using the Services – such as, but not limited to, stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way;
(l) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;
(m) place an advertisement of any products or services in the Services except with Act-3D prior written approval;
(n) use any data mining or similar data gathering and extraction methods in connection with the Services; or
(o) violate applicable law.
5.3 In the event of borderline cases where it is not clear whether or not a user’s conduct, or the content of a user, breaks any of the rules laid out in these Terms; it will be up to a member from Act-3D or an officially designated representative to make a judgment call and apply any actions that are deemed necessary.
6. Your Warranty and Indemnification Obligations.
6.1 Warranty. By uploading your Content to the Services, you agree that you have: (a) all necessary licenses and permissions to use and Share your Content; and (b) the rights necessary to grant the licenses in the Terms.
6.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of the Terms.
7. Disclaimers of Warranties.
7.1 Unless stated in the Additional Terms, the Services are provided “AS-IS” and based on “commercially reasonable efforts”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Services will be corrected.
7.2 We specifically disclaim all liability for any actions resulting from your use of any Services . You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system, business operations, or loss of data that results from the use of and access to any Service .
7.3 If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than Act-3D; or (c) the inclusion of your Content by third parties on other websites or other media.
8. Limitation of Liability.
8.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct.
8.2 Act-3D total liability in any matter arising out of or related to the Terms is limited to the aggregate amount that you paid for access to the Service and during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
8.3 The limitations and exclusions in this section 9 apply to the maximum extent permitted by law.
9.1 Termination by You. You may stop using the Services and at any time. You may also request the deletion of all your account and personal data. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
9.2 Termination by Us. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services if:
(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(b) you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
(c) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(d) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(e) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
(f) we elect to discontinue the Services, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(g) there has been an extended period of inactivity in your free account.
9.3 Termination by Lumion Group Administrators. Group administrators for a Service (such as your organization’s Group Administrator in charge of assigning Lumion seats to members of the organization) may terminate a user’s access to a Service at any time.
9.4 Survival. Upon the expiration or termination of the Terms, some or all of the Services may cease to operate without prior notice. Any perpetual licenses you have purchased will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
10.1 Screening. Act-3D do not review all content uploaded to the Services, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
10.2 Disclosure. We may access or disclose information about you or your use of the Services: (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
11. Trade Control Laws.
The Services and your use of the Services, are subject to Dutch and international laws, restrictions, and regulations that may govern the import, export, and use of the Services. You agree to comply with all the laws, restrictions, and regulations.
12. Updates and Availability.
12.1. Updates to the General Terms and Additional Terms. We may modify these General Terms, any Additional Terms or Subscription and Cancellation terms, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly. We will post notice of modifications to these General Terms and Additional Terms. By continuing to use or access the Services after the revisions are in effect, you agree to be bound by the revised Terms.
12.2. Updates to the Services. We may modify, update, or discontinue the Services (including any portions or features) at any time, without liability to you or anyone else. If we discontinue the Services in its entirety, we will also allow you a reasonable time to download your Content.
12.3. Availability. Web-pages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.
13. No Modifications, Reverse Engineering.
Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the Services; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service. Act-3D may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services to ensure that our and our suppliers’ proprietary rights in the Services and are protected.
14.1 English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.
14.2 Notice to Act-3D. You may send notices to us at the following address: Hoofdstraad 10, Sassenheim, Zuid-Holland, 2171 AT, The Netherlands, Attention: General Counsel.
14.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means.
14.4 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
14.5 Headings. Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent.
14.6 Severability. If any provision of these General Terms or any Additional Terms is held invalid or unenforceable for any reason, the General Terms and any Additional Terms will continue in full force and effect.
14.7 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.