Thanks for using the 3D Warehouse products and services ("Services"). The Services are provided by Google Inc. ("Google"), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, under an agreement with Trimble Navigation Limited ("Trimble"), located at 935 Stewart Drive, Sunnyvale, CA 94085, which also has certain rights and responsibilities. These terms form a binding agreement between you and Google and you and Trimble in respect of the Services.
By using the Services, you are agreeing to these terms. Please read them carefully.
You must follow any policies made available to you within the Services.
Don’t misuse the Services. For example, don’t interfere with the Services or try to access them using a method other than the interface and the instructions provided. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations. Google may suspend or stop providing the Services if you do not comply with the terms or policies or if Google or Trimble are investigating suspected misconduct.
You continue to own all intellectual property rights in all content you submit to the Services. Using the Services does not give you ownership of any intellectual property rights in the Services themselves or other content you access. You may only use content from the Services in accordance with these terms, and may not make any other use of content from the Services unless you obtain permission from its owner or are otherwise permitted by law. In particular, unless you have obtained separate permission from Google or Trimble, you may not aggregate any content obtained from Services for redistribution, or use or distribute any content obtained from the Services in a mapping or geographic application or service.
These terms do not grant you the right to use any branding or logos used in the Services. Don’t remove, obscure, or alter any legal notices displayed in or along with the Services.
The Services display some content that does not belong to Google or Trimble. This content is the sole responsibility of the entity that makes it available. Google may review content to determine whether it is illegal or violates the Service policies, and Google may remove or refuse to display content that Google reasonably believes violates the Service’s policies or the law. But that does not necessarily mean that either Google or Trimble review content, so please don’t assume that they do.
In connection with your use of the Services, Google and Trimble may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You may need a Google Account in order to use the Services, or access some parts of the Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. Google may share with Trimble certain information from your Google Account, strictly as it relates to your use of the 3D Warehouse.
If you learn of any unauthorized use of your password or account, follow these instructions.
Both Google and Trimble will have access to personal data you submit in the 3D Warehouse.
Google’s privacy policies explain how Google treats your personal data and protects your privacy when you use the Service. By using the Service, you agree that Google can use such data in accordance with Google’s privacy policies.
Trimble’s privacy policies explain how Trimble treats your personal data and protects your privacy when you use the Service. By using the Service, you agree that Trimble can use such data in accordance with Trimble’s privacy policies.
Google and Trimble respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Google and Trimble both provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify Google, you can find information about submitting notices and Google’s policy about responding to notices in the Google Help Center.
The Services allow you to submit content, including 3D models in the SketchUp and Keyhole Markup Language (KML) formats. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
By uploading, submitting or otherwise storing content in the Services, you agree to license certain rights to Google, Trimble and others, as described below:
Models associated with a geolocation (e.g. 3D buildings viewable on Google Earth) submitted before [June 1, 2012] (“Existing Geolocated Models”). You give Google a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Existing Geolocated Models and related content and derivative works thereof which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google and its sub-licensees (including Trimble) to make available, display, distribute and promote the Services and related Google and Trimble products and services, including to provide the Existing Geolocated Models and related content to the users of such products and services.
Models that are not associated with a geolocation (e.g. 3D models of everyday objects) submitted before [June 1, 2012] (“Existing Non-Geolocated Models”). You give Trimble a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Existing Non-Geolocated Models and related content and derivative works thereof which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Trimble and its sub-licensees (including Google) to make available, display, distribute and promote the Services and related Google and Trimble products and services, including to provide the Existing Non-Geolocated Models and related content to the users of such products and services.
All models submitted after [June 1, 2012] (“New Models”). You give Trimble a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any New Models and related content and derivative works thereof which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Trimble and its sub-licensees (including Google) to make available, display, distribute and promote the Services and related Google and Trimble products and services, including to provide the New Models and related content to the users of such products and services.
Rights granted to other end users of the Services. You give other end users of the Services a perpetual, sublicensable, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Existing Geolocated Models, Existing Non-Geolocated Models, New Models and related content and derivative works thereof which you submit, post or display on or through, the Services.
These license rights continue even if you stop using the Services (for example, if a 3D model which you submitted has been incorporated into Google Earth). You can stop distributing content through 3D Warehouse at any time by using the content removal tools provided, however please note that this will not affect the license rights granted above.
Make sure you have the necessary rights to grant these licenses for any content that you submit to the Services.
The Services may require or include downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Google and Trimble each give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google and/or Trimble, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have Google and Trimble’s written permission.
Google and Trimble are constantly changing and improving the Services. Functionalities or features may be added or removed, and Services may be suspended or stopped altogether.
You can stop using the Services at any time. Google and Trimble may also stop providing Services to you, or add or create new limits to the Services at any time.
If Google or Trimble discontinue a Service, where reasonably possible, they will give you reasonable advance notice and a chance to get information out of that Service.
Google and Trimble provide the Services using a commercially reasonable level of skill and care. But there are certain things that they don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR TRIMBLE, NOR THEIR SUPPLIERS OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, THEY DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE SERVICES ARE PROVIDED “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, GOOGLE AND TRIMBLE EXCLUDE ALL WARRANTIES.
IN ALL CASES, GOOGLE AND TRIMBLE, AND THEIR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using the Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and Trimble and their affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Google and Trimble may modify these terms or any additional terms or policies that apply to the Services to, for example, reflect changes to the law or changes to the Services. You should look at the terms regularly. If Google or Trimble make material changes to the terms they will attempt to notify you. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services.
These terms control the relationship between Google and you and Trimble and you. They do not create any third party beneficiary rights, except as otherwise expressly stated in these terms.
If you do not comply with these terms, and Google or Trimble don’t take action right away, this doesn’t mean that they are giving up any rights that they may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google and Trimble consent to personal jurisdiction in those courts.