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3D CUBED PRINTING, LLC
TERMS-OF-SERVICE
This Terms-of-Service Agreement (“Agreement”) is made by and between 3D CUBED PRINTING, LLC, a Colorado limited-liability company, (hereinafter “3DCP”), and the User; collectively, referred to herein as “the Parties”.
3DCP is a company located in Brighton, Colorado that offers advanced 3D printing, laser-based cutting and engraving, and vacuform services according to customer-provided Designs/Blueprints, and in some cases helping customers develop Blueprints for a 3D-printing project. 3DCP helps its Users transform their ideas, Designs, and/or Blueprints in order to create custom prototypes, models, or replicas. 3DCP also offers eCommerce services to sell custom products created by 3DCP services based on User-provided Designs and/or Blueprints by way of a license from Users in which Users receive a royalty or commission on any online sales, which is subject to an additional licensing agreement beyond these Terms of Service.
3DCP owns and operates the 3dcubedprinting.com website (hereinafter, “3DCP Website”) and its underlying functionality. This document governs the User’s relationship with the 3DCP Website. Access to and use of the 3DCP Website and the products and services available through the 3DCP Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, the User agrees to all of the Terms of Service, as may be updated by 3DCP from time-to-time. It is the User’s responsibility to check these Terms of Service regularly to take notice of any changes 3DCP may have made to the Terms of Service.
The User desires to avail themself of 3DCP’s services, and agrees to be bound by the following Terms of Service:
SECTION 1 — DEFINITIONS
Unless otherwise defined herein, capitalized terms used herein shall have the following meaning:
"BLUEPRINT" shall mean written/drawn technical specifications, in a digital vector-based file form, that can support the 3D printing and/or laser-based cutting and engraving of a product.
"CHARGEBACK" shall mean a good-faith demand by a credit-card provider for 3DCP to make good the loss the credit card provider has incurred because User has without justification disputed a purchase for which User paid for using User’s credit card.
"DESIGN" shall mean written/drawn technical specifications that define a concept for a product to be developed via 3D printing and/or laser-based cutting and engraving of a product. A Design may be formal or informal and may or may not include a Blueprint. For relatively informal Designs submitted by Users, 3DCP may help the User develop Blueprint(s) based on the Design.
"DESIGNER" shall mean any User that creates and/or otherwise provides Designs/Blueprints to 3DCP for the provision of services, such as the 3D printing and/or laser-based cutting and engraving of products, prototypes, models, and the like.
"DESIGN CUSTOMER" shall mean any User that engages 3DCP to take the User’s concept for a product design (a “Design”) to 3DCP in order to have 3DCP develop formal Blueprint(s) that can be used in a 3D printing and/or laser-based cutting and engraving, whereby the User will own the rights, title, and interest in the resultant Blueprint(s).
"INTELLECTUAL-PROPERTY RIGHTS" shall mean any and all right, title, and interest in and to any and all inventions, trade secrets, patents, copyrights, industrial designs, service marks, trademarks, know-how, trade names, rights in trade dress and packaging, moral rights, rights of privacy, publicity, and similar rights of any type, including any applications, continuations, or other registrations with respect to any of the foregoing, under the laws or regulations of any foreign or domestic governmental, regulatory, or judicial authority.
"PAYMENT PROCESSOR" shall mean any third party approved by 3DCP that enables a User to make payments to 3DCP.
"REFUND" shall mean the return of monies to a User after a good-faith dispute, which may be issued prior to a Chargeback.
"USER" shall mean any registered User of the 3DCP Website, whether the free version or the paid version.
"USER ACCOUNT" shall mean the section on the 3DCP Platform/Website that can only be accessed by 3DCP or the User and that, among other things, details the Payment Processor and Payment Details, if applicable.
"WEBSITE" shall mean the website at www.3dcubedprinting.com, hosted by 3DCP, which provides access to the various services offered by 3DCP.
SECTION 2 — SERVICES PROVIDED AND RELATED REQUIREMENTS
2.1 General:
a. 3DCP offers advanced 3D printing, laser-based cutting and engraving, and vaccuform services according to customer-provided Designs/Blueprints, and in some cases helping customers develop Blueprints for a 3D-printing project. 3DCP helps its Users transform their ideas, Designs, and/or Blueprints in order to create custom prototypes, models, or replicas. 3DCP also offers eCommerce services to sell custom products created by 3DCP services based on User-provided Designs and/or Blueprints by way of a license from Users in which Users receive a royalty or commission on any online sales, which is subject to an additional written licensing agreement beyond the scope of these general Terms of Service.
b. 3DCP owns and operates the 3DCP Website and its underlying functionality. Access to and use of the 3DCP Website and the products and services available through the Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, the User agrees to all of the Terms of Service, as may be updated by 3DCP from time-to-time. It is the User’s responsibility to check these Terms of Service regularly to take notice of any changes 3DCP may have made to the Terms of Service.
c. 3DCP offers a free signup to the 3DCP Website (www.3DCubedPrinting.com).
d. Access to the 3DCP Website is permitted on a temporary basis, and 3DCP reserves the right to withdraw or amend the Services without notice. 3DCP will not be liable if for any reason the 3DCP Website is unavailable at any time or for any period. From time to time, 3DCP may restrict access to some parts or all of the 3DCP Website.
e. No Unlawful or Prohibited Use: The User is granted a non-exclusive, non-transferable, revocable license to access and use the 3DCP Website strictly in accordance with these Terms of Use. As a condition of the User’s use of the 3DCP Website, the User you warrants to 3DCP that the User will not use the 3DCP Website for any purpose that is unlawful or prohibited by these Terms of Service. The User may not use the 3DCP Website in any manner which could damage, disable, overburden, or impair the 3DCP Website or otherwise interfere with any other party's use and enjoyment of the 3DCP Website. The User may not obtain nor shall attempt to obtain any materials or information through any means not intentionally made available or provided for through the 3DCP Website.
f. 3DCP Intellectual Property: All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the 3DCP Website, is the property of 3DCP or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. The User agrees to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. Moreover, the User shall not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit the 3dCP Website or any software, in whole or in part, found on the 3DCP Website. The mere use of the 3DCP Website does not entitle the User to make any unauthorized use of any protected content, and in particular, the User shall not delete or alter any proprietary rights or attribution notices in any content. 3DCP does not grant the User any licenses, express or implied, to the Intellectual Property of 3DCP or our licensors except as expressly authorized by these Terms of Service.
g. The 3DCP Website may contain links to third-party websites and resources, and if so, such links are provided for the convenience of Users only. Such third-party links may include advertising links such as, without limitation, banner advertisements and sponsored links. 3DCP has no control over the content at such third-party links and, as such, assumes absolutely no responsibility or liability for the content at such third-party links. The inclusion of any third-party link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by 3DCP of any information contained in any third-party site. In no case shall 3DCP be responsible for the information contained on that third-party site or a User’s use of or inability to use such third-party site. Users should be aware that linked third-party sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the 3DCP Website. 3DCP is not responsible for such third-party provisions, and expressly disclaims any and all liability related to such provisions. Users who choose to access such third-party links do so at their own risk.
h. Users are responsible for maintaining the confidentiality of their own account and password, as well as for restricting access to the User’s computing devices that access the 3DCP Website. The User agrees to accept responsibility for all activities that occur under the User’s account or password. The User may not assign or otherwise transfer the User’s account to any other person or entity. The User acknowledges that 3DCP is not responsible for third party access to the User’s account that results from theft or misappropriation of the User’s account. 3DCP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in 3DCP’s sole discretion.
i. 3DCP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If the User is under 18, then the User may use the 3DCP Website only with permission of a parent or guardian.
j. International Users: The 3DCP Website and the services provided therefrom are controlled, operated, and administered by 3DCP from within the United States of America. If an International User accesses the 3DCP Website and related services from a location outside the USA, then the International User shall be responsible for compliance with all applicable foreign local laws, and 3DCP accepts no responsibility for any violation of such foreign local laws whatsoever.
2.2 Terms of Sale for Product Purchases Made on the 3DCP Website:
a. The 3DCP Website provides for the purchase of 3D-printed products directly from 3DCP and also via a third-party link to Esty.com.
b. Users buying through the Esty.com site are bound to the Terms & Conditions of Etsy.com (as well as any other third-party eCommerce website that the 3DCP Website might link to in the future), and 3DCP assumes no liability whatsoever for the performance of the Esty.com eCommerce website (as well for as any other third-party eCommerce website that the 3DCP Website might link to in the future), including payment processing.
c. By placing an order, the User is offering to purchase a product on and subject to the following terms and conditions:
1. All orders are subject to availability and confirmation of the order price.
2. Shipping times may vary according to availability and subject to any delays resulting from postal/shipping-provider delays or force f for which 3DCP will not be responsible.
3. In order to contract with 3DCP, the User must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to 3DCP. 3DCP reserves the right to refuse any request made by the User. If the User’s order is accepted, then 3DCP will inform the User by email. When placing an order, the User warrants that all details the User provides to 3DCP are true and accurate, that the User is an authorized user of the credit or debit card used to place the User’s order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
4. When the User places an order, the User will receive an acknowledgement e-mail confirming receipt of the User’s order. This email will only be an acknowledgement and will not constitute acceptance of the User’s order. A contract between 3DCP will not be formed until 3DCP sends the User confirmation by e-mail that the goods which the User ordered have been shipped to the User. Only those goods listed in the confirmation e-mail sent at the time of shipping will be included in the contract formed.
5. Pricing and Availability: 3DCP endeavors to ensure that all details, descriptions, and prices that appear on the 3DCP Website are accurate; however, errors may occur. If 3DCP discovers an error in the price of any goods which the User has ordered, then 3DCP will inform the User of this as soon as possible and give the User the option of reconfirming the User’s order at the correct price or cancelling it. If 3DCP is unable to contact the User, then 3DCP will treat the order as cancelled. If the User cancels the order before the ordered product(s) has been manufactured and the User has already paid for the goods, then the User will receive a full refund.
6. Shipping/Delivery: Delivery/shipping costs will be charged in addition to the posted price for a product. Such additional charges are clearly displayed, where applicable, and included in the Total Cost to be charged to the User. The title and risk of loss for any purchases pass to the User upon delivery to 3DCP’s shipping provider. 3DCP reserves the right to ship partial orders at no additional cost to the User.
7. Payments: Upon receiving the User’s order, 3DCP carries out a standard authorization check on the User’s payment card to ensure that there are sufficient funds to fulfill the transaction. The User’s payment card will be debited upon authorization being received. The monies received upon the debiting of the User’s card shall be treated as a deposit against the value of the goods that the User wishes to purchase. Once the goods have been shipped, and the User has been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods that the User has purchased as listed in the confirmation email.
2.3 Terms of Model-Fabrication Services and Requirements for the Uploading of Designs/Blueprints:
a. 3DCP offers advanced 3D printing, laser-based cutting and engraving, and vacuform services according to customer-provided Designs/Blueprints in order to produce models/products.
b. When a User uploads a Design or Blueprint to the 3DCP Website and completes the required information form, the User represents to 3DCP that the User has the legal right to use the Design/Blueprint (that is, has a license that includes a right to sublicense) and/or is the creator (“Designer”) of the Design/Blueprint and therefore grants 3DCP a conditional, revocable, non-transferable, non-sub licensable, non-exclusive license to use such Designs or Blueprints in furtherance of 3DCP’s evaluation of the feasibility of User-provided materials and 3DCP’s provision of Services.
c. No Obligation for 3DCP to Accept and Use Designs/Blueprints: 3DCP shall not be obligated to accept the license to use the User’s Designs/Blueprints to produce and sell products. If 3DCP decides that it wishes to accept the User’s license, then 3DCP shall prepare and forward a separate written licensing agreement with specific licensing terms (including royalty terms) to the User for execution.
d. Intellectual-Property Rights/Copyright Notice: 3DCP respects the rights of copyright owners and requires that Users do the same. Accordingly, the User agree to not upload any Design/Blueprint unless the User is the creator (“Designer”) of the Design/Blueprint or the User has a legal right (that is, a license) to use the Design/Blueprint from the copyright owner(s) of the Design/Blueprint. The unauthorized use of protected works of third parties is a violation of Federal law and 3DCP policy. 3DCP may terminate the account(s) of Users for violations of the intellectual-property rights, including copyrights, of third parties.
e. Indemnification of 3DCP for Intellectual-Property Infringement: The User agrees to indemnify, defend, and hold harmless 3DCP (including 3DCP’s Officers, Directors, employees, and agents) for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from any third-party claims of intellectual-property infringement based on Designs/Blueprints that the User has provided to 3DCP and/or the User’s violation of any applicable laws, rules, or regulations. 3DCP reserves the right, at its own cost, own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User agrees to fully cooperate with 3DCP in asserting any available defenses. If the User becomes aware of the potential of a claim of infringement of the intellectual property of a third party based on the User’s Design(s)/Blueprint(s), then the User shall notify 3DCP in writing of the issue within THREE (3) business days of the becoming aware of the issue.
2.4 Limitations:
a. The 3DCP Website is only offered and available to Users who are 18 years of age or older. By using the 3DCP Website, the User represents and warrants that the User is at least 18 years of age and is of legal age to form a binding contract with 3DCP. 3DCP may use third parties to verify eligibility requirements, which is detailed in 3DCP’s separate Privacy Policy (www.3dcubedprinting.com/privacy-policy), which is hereby incorporated by reference. If a User does not meet these age requirements, then User shall not be allowed to access or use the Website.
b. 3DCP reserves the right to make and publish changes to these Terms of Service at any time and at 3DCP’s sole discretion. All changes shall be effective immediately from the time 3DCP publishes said changes, and shall apply to all access to and use of the 3DCP Website thereafter. By continuing to use the 3DCP Website and related services, Users agree to the Terms of Service as modified or as they currently appear. Users are hereby notified that they are expected to periodically review the 3DCP Website’s published Terms of Service so they are aware of any changes, which are binding on all Users.
c. Any and all information posted by 3DCP on the 3DCP Website, including information for “Frequently Answered Questions” shall not be legally binding on 3DCP, and is for information purposes only and does not form part of the Terms of Service described herein.
2.5 Assignment of Intellectual-Property Rights to Blueprints Developed by 3DCP:
a. When a User engages 3DCP to develop Blueprints for a 3D-printing and/or laser-based cutting and engraving project, and/or 3DCP develops improvements or derivative works on User-provided Design(s)/Blueprint(s), then the Works created by 3DCP shall be considered as “Works Made for Hire” (“Works”) as defined by 17 U.S.C. § 101, so long as the User has paid all required fees to 3DCP.
b. Pursuant to Section 2.5.a above, 3DCP hereby assigns all right, title, and interest (that is, Intellectual-Property Rights) in the Works to the User. 3DCP also agrees to cooperate, without further consideration to 3DCP, with the User whereby the User may enjoy to the fullest extent the right, title, and interest herein conveyed. Such cooperation shall include: (i) the prompt execution of all papers (prepared at the expense of the User) that are deemed necessary or desirable by the User to perfect the User’s right, title, and interest herein conveyed; (ii) the prompt execution of all petitions, oaths, specifications, declarations, or other papers (prepared at the expense of the User) that are deemed necessary or desirable by the User for obtaining Copyright Registration and/or Letters Patents in the United States and/or foreign countries covering the Works and any Works derived from the Works; and (iii) the prompt assistance and cooperation in the prosecution of legal proceedings involving the Works, derivative Works therefrom, and any registrations and/or patents granted thereon, including proceedings before any agency of the United States (e.g., the U.S. Copyright Office or the U.S. Patent and Trademark Office) or any foreign country and any court actions, provided, however, that the User pays for the expenses incurred by the User in furtherance of said assistance and cooperation.
2.6 Communications:
a. By using the 3DCP Website, Users consent to receiving communications from 3DCP electronically, including emails and messages posted to the User’s Account, all as discussed 3DCP’s Privacy Policy (www.3dcubedprinting.com/privacy-policy).
b. Users acknowledge and agree that all communications that 3DCP sends to them electronically satisfy any legal requirement that such communications be in writing. If any User desires to withdraw their consent to receiving communications from 3DCP, then such consent withdrawal shall be emailed to 3DCubedPrinting@gmail.com.
2.7 3DCP reserves the right to:
a. Modify, suspend, or terminate any portion of or the entirety of the 3DCP Website at any time and without notice; and
b. Suspend or cancel any User Account, if in 3DCP’s reasonable opinion the User fails to comply with these Terms of Service and/or is violative of any applicable law; and
c. Monitor the use of the 3DCP Website and Platform in order to verify compliance with these Terms of Service and/or any applicable law; and
d. Investigate any suspected or alleged misuse or unlawful use of the 3DCP Website and Platform and cooperate with law-enforcement agencies in such investigation; and
e. Disclose information about Users’ use of the 3DCP Website and Platform in connection with any law-enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; and
f. Restrict, limit, suspend, and/or terminate any User access to the 3DCP Website/Platform or any portion thereof; and
g. Change the Payment Processors used by 3DCP, after performing reasonable good-faith efforts to verify the qualifications and good-standing of any prospective new Payment Processor, and after written notification to Users (including all applicable details) is transmitted to the User Account.
2.8 Digital Millennium Copyright Act ("DMCA")
a. 3DCP respects the intellectual-property rights of others. Pursuant to the DMCA, 3DCP will respond expeditiously to claims of copyright infringement (or other types of intellectual-property infringement for that matter) on the 3DCP Website, if submitted to 3DCP’s DMCA Agent for such matters, as described below. Upon receipt of a notice that alleges copyright infringement (or other types of intellectual-property infringement), 3DCP will take whatever action 3DCP deems appropriate within 3DCP’s sole discretion, including the removal of the allegedly infringing materials and possible termination of access to Users who have submitted any infringing materials to 3DCP.
b. If a party believes that its intellectual-property rights have been violated by 3DCP, or by a third party that has uploaded infringing materials to the 3DCP Website, then the party must notify 3DCP’s designated DMCA Agent (as indicated in Section 2.8.d below) and provide the following information:
1. A description of the copyrighted work or other intellectual property that the party is claiming to be infringed;
2. A description of where the allegedly infringing material is located on the 3DCP Website;
3. An address, telephone number, and email address where 3DCP can contact the complaining party and, if different, an email address where the alleged infringing party, if not 3DCP, can contact the complaining party;
4. A statement that the complaining party has a good-faith belief that the use of the materials is not authorized by the copyright owner or other intellectual-property rights owner, by its agent, or by law;
5. A statement by the complaining party, under penalty of perjury, that the information in the complaining party’s notice is accurate and that the complaining party is the owner of the subject copyright or other intellectual property, or is authorized to act on the owner’s behalf; and
6. The electronic or physical signature of the complaining party.
c. 3DCP may request additional information before removing any allegedly infringing materials. In the event that 3DCP does remove the allegedly infringing materials, then 3DCP will immediately notify the User responsible for the posting/uploading of such materials that 3DCP removed or disabled access to the materials. 3DCP may also provide the responsible User with the complaining party’s email address to that the User can respond to the complaining party’s allegations.
d. Pursuant to 17 U.S.C § 512(c), 3DCP’s DMCA Agent
SECTION 3 — USER ACCOUNT REGISTRATION AND MANAGEMENT
3.1 Creating a User Account: To become a registered User, an 3DCP User Account must be created, observing the following:
a. A User is responsible for providing accurate information for their registration, including: a valid email address, a username, and a password. The entry of any inaccurate/invalid information shall be grounds to cancel or suspend the User’s Account A User’s access and use of the 3DCP Website is conditioned that all of the User information provided by the User on the 3DCP Website is correct, current, and complete.
b. The User agrees that all information provided by the User, including, but not limited to, information provided via any interactive features on the Website, is governed by 3DCP’s Privacy Policy at www.3dcubedprinting.com/privacy-policy, and the User acknowledges that the User is aware of how and why 3DCP processes User personal data, as described in 3DCP’s Privacy Policy.
c. Full access to the 3DCP Website requires that a User provide valid payment-card information (e.g., credit or debit) to a Payment Processor, and said Payment Processor shall store such payment-card information. An automatic-account-renewal option is available to the User to select so that monthly payments occur seamlessly, but is not required to be selected and if selected can later be cancelled. It should be noted that if the automatic-renewal option is not selected (or is cancelled), then the ability of a User to access the 3DCP Website will expire as soon as the currently paid-for subscription period expires.
d. A User may choose to provide and store multiple payment-card details onto their User Account to account for the event whereby a payment from the first payment card listed is rejected (for whatever reason[s]), causing the next-listed payment card to be used for the full payment due.
3.2 Deactivating a User Account:
a. A User Account can be deactivated from the User-Account webpage.
b. Deactivation of User Account shall take effect as soon as practicable, and all further charges will immediately be stopped. Full access to the 3DCP Website will also be immediately stopped, and all associated services will also be cancelled.
c. A User can deactivate their User Account; however, the deactivation will only take effect once the current paid-for subscription period has expired and no positive balance on that account remains.
e. 3DCP shall send deactivation notices to the email address listed in the User Account.
3.3 User Warranties and Representations: By registering as a User on the 3DCP Website, the User affirms each of the following:
a. The User-Account registration and profile information is truthful and accurate.
b. The User is at least 18 years of age and is of legal age to form a binding contract with 3DCP.
c. If the User previously had registered a User Account with 3DCP, that previous registration was maintained in good standing and was not terminated or suspended by 3DCP for violation of these Terms of Service.
d. The User Account shall only be used for the User’s personal use and that the User shall not transfer or sell the User Account to a third party or otherwise facilitate a third party to access the User Account.
e. The User agrees that 3DCP has the right to audit its User Accounts at any time and to verify the User-Account information that was provided, as well as the User’s compliance with these Terms of Service. If invalid User-Account information is discovered and/or the User is found to not be in compliance with these Terms of Service, then 3DCP shall have the right to disable, suspend, or terminate the User Account.
f. The User acknowledges that the User is fully responsible for any and all activities that occur on the User’s Account and the User is responsible for keeping their login details confidential and secure. Further, the User agrees to not to disclose their login details to any third party and immediately notify 3DCP at 3DCubedPrinting@gmail.com if the User believes that their User Account has been compromised by a third party and/or some sort of security breach has occurred.
h. If the User is using the 3DCP Website on behalf of a business or other entity, then the User is authorized to grant all the licenses required under these Terms of Service and that the User is authorized to bind the business or other entity to these Terms of Service.
3.5 3DCP Warranties and Representations: 3DCP does not warrant that the 3DCP Website and its associated Services and functionality will be compatible with all devices and operating systems. It is the User’s sole responsibility to ascertain whether the 3DCP Website and associated applications and functionality are compatible with the User’s computing devices.
SECTION 4 — MANAGEMENT OF USER PAYMENTS
4.1 3DCP-Authorized Payment Processors: 3DCP shall authorize and procure Payment Processors to process User payments to 3DCP. Currently, 3DCP uses wix.com as for its eCommerce service host, which also serves as 3DCP’s Payment Processor. 3DCP reserves the right to change its eCommerce services host and Payment Processor at any time at 3DCP’s sole discretion.
4.2 User Payments:
a. The Payment Processor is responsible for the storage of the User’s payment-card information, and 3DCP does not store such information on its servers. An automatic-account-renewal option is available to the User to select so that monthly payments occur seamlessly, but is not required to be selected and if selected can later be cancelled. It should be noted that if the automatic-renewal option is not selected (or is cancelled), then the ability of a User to fully access the 3DCP Website will expire as soon as the currently paid-for subscription period expires.
b. If any User payment made is subsequently rejected by the Payment Processor or the User has initiated a Chargeback through their payment-card company, then 3DCP shall have the right to immediately suspend or deactivate the User Account.
SECTION 5 — INTELLECTUAL-PROPERTY RIGHTS AND LIMITATIONS
5.1 Intellectual Property Owned by 3DCP:
a. The 3DCP Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by 3DCP, 3DCP’s licensors, and/or other providers of such material and may protected by international copyright, trademark, patent, trade secret, and other intellectual-property or proprietary rights laws.
b. Users agree to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the 3DCP Website, except for: (i) automatic caching by the User’s Web browser for display-efficiency purposes; and (ii) the printing or download of one (1) copy of a reasonable number of pages of the Website for the User’s own personal and non-commercial use, where no further reproduction, publication, or distribution of said printouts or downloads shall take place.
c. The unauthorized use or publication of any 3DCP-owned materials in violation of this Section 5 shall result in the immediate termination of the User’s use and access to the 3DCP Website. In such cases, 3DCP shall have the right to demand from the User to return or certify the destruction of such unauthorized copies of 3DCP materials.
d. Users enjoy absolutely no right, title, or interest in or to the 3DCP Website or any content on the 3DCP Website, and all rights not expressly granted are reserved by 3DCP. Any use of the 3DCP Website not expressly permitted by these Terms of Service shall be considered a material breach of these Terms of Service, as well as may violate copyright, trademark, and other applicable laws.
e. The 3DCP name, logo, and all related names, logos, product/service names, designs, and slogans are trademarks of 3DCP and/or its affiliates or licensors. Users shall not use such marks without first obtaining the express written consent of 3DCP. Any other names, logos, product/service names, designs, and slogans (that is, other trademarks and/or service marks) that appear on the 3DCP Website are the property of their respective owners.
5.2 License to Use Intellectual Property Owned by 3DCP:
a. Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms of Service, 3DCP grants its registered Users a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the 3DCP Website and its entire contents, features, and functionality for the User’s own lawful and personal use only (see Sections 5.3 and 5.4, below, for a discussion of acceptable and prohibited uses).
b. The User acknowledges and agrees that the foregoing license described in Section 5.2.a may be revoked and terminated by 3DCP at any time and for any reason. A material breach of these Terms of Service will result in the revocation of said license.
5.3 Acceptable Uses of the 3DCP Website by Users: To be an acceptable use of the 3DCP Website and its entire contents, features, and functionality, Users shall fully comply with these Terms of Service. In addition, Users may establish links to the 3DCP Website in the User’s own website, observing the following requirements:
a. Users may link only to the 3DCP Website Homepage, and such use of the links may not damage 3DCP’s reputation (as determined by the sole discretion of 3DCP) and may not state or imply that the User or webpage containing the link are somehow affiliated with, or endorsed by, 3DCP in any way.
b. Users may not establish a link from any website that is not owned by the User.
c. Users may not cause any portion of the 3DCP Website to be displayed on, or appear to be displayed by, any other website.
d. 3DCP reserves the right to revoke any linking privileges without prior notice, at 3DCP’s sole discretion.
5.5 Prohibited Uses of the 3DCP Website by Users: To be an acceptable use of the 3DCP Website and its entire contents, features, and functionality, Users shall fully comply with these Terms of Service. In addition, Users shall not:
a. Falsify any User-Account-registration information, or make unauthorized use of another's information or content; nor
b. Use 3DCP’s Website and any related functionality in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; nor
c. Represent themselves as: (i) being affiliated with 3DCP; (ii) an employee or agent of 3DCP; (iii) another User; or (iv) any other person or entity other than themselves; nor
d. Falsely state, suggest, or otherwise misrepresent any affiliation, endorsement, an/or sponsorship between the User (or any entity affiliated with the User) and 3DCP; nor
e. Copy, reproduce, distribute, modify, or create derivative works from, any portion of 3DCP’s Website and any related functionality without first obtaining 3DCP’s express written permission; nor
f. Use 3DCP’s Website and any related functionality to transmit, or procure the sending of, any advertising or promotional material (e.g., any “junk mail”, “chain letter”, “spam”, or any other similar solicitation); nor
g. Engage in any other conduct that restricts or inhibits another person’s use or enjoyment of 3DCP’s Website and any related functionality, nor engage in conduct that, as determined by 3DCP, may harm 3DCP or Users of the 3DCP Website/Platform and/or expose them to liability; nor
h. Remove, erase, modify, or tamper with any copyright, trademark, or other proprietary rights notice that is contained in any 3DCP Website Content that the User does not own; nor
i. Use 3DCP’s Website and any related functionality in any manner that could disable, overburden, damage, or impair the 3DCP Website and any related functionality or interfere with any other party’s use of the 3DCP Website and any related functionality, including their ability to engage in real-time activities through the 3DCP Website; nor
j. Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of 3DCP’s Website and any related functionality/applications; nor
k. Interfere in any way with the operation of 3DCP, including or any server, network, or system associated with 3DCP, and including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial-of-service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for the User, or accessing another User's account that the User is not expressly authorized to access; nor
l. Use 3DCP for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes; nor
m. Use any automated program, tool, or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access the 3DCP Website or any server, network, or system associated with 3DCP, or to extract, collect, harvest, or gather content or information from 3DCP.
5.6 Actions Upon Reported Prohibited Uses of the 3DCP Website by Users:
a. If 3DCP becomes aware of any allegations of prohibited uses of the 3DCP Website, and 3DCP then subsequently verifies said misuses by a User, then the User’s Account shall be immediately suspended, subject to permanent revocation and possible legal action, and the User shall be notified via email.
b. A User who repeatedly violates 3DCP’s Acceptable Uses policy may be deactivated at the sole discretion of 3DCP.
SECTION 6 — 3DCP DISCLAIMERS AND LIMITATIONS OF LIABILITY
6.1 ALTHOUGH THE INFORMATION PROVIDED TO USERS ON THE 3DCP WEBSITE IS OBTAINED OR COMPILED FROM SOURCES THAT 3DCP BELIEVES TO BE RELIABLE, 3DCP CANNOT AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO USERS.
6.2 ALL INFORMATION, PRODUCTS, AND SERVICES ON, OR MADE AVAILABLE THROUGH, THE 3DCP WEBSITE APP ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. 3DCP DOES NOT WARRANT THAT THE PROGRAM, INFORMATION, OR SERVICES PROVIDED BY 3DCP OR A USER’S USE OF THE 3DCP WEBSITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, WILL MEET A USER’S EXPECTATIONS OR WILL BE FIT FOR ANY PARTICULAR PURPOSE. THE USER AGREES THAT THEIR USE OF THE 3DCP WEBSITE IS AT THE USER’S SOLE RISK AND THAT THE 3DCP WEBSITE AND/OR MOBILE APP IS PROVIDED TO THE USER "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3DCP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
6.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3DCP DISCLAIMS ALL LIABILITY IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, UNDER ANY OTHER LEGAL OR EQUITABLE PRINCIPAL, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOST DATA/INFORMATION, OR LOST BUSINESS GOODWILL/OPPORTUNITIES) ARISING OUT OF OR RELATED TO THE USER’S USE OF (OR INABILITY TO USE) THE 3DCP WEBSITE AND/OR ANY OF ITS RELATED FEATURES/SERVICES.
6.5 3DCP does not operate or control the products or services offered by clicking on third-party links from the 3DCP Website, if any. Only those third parties are responsible for the content and functionality of those links, and 3DCP is not a party to any transaction between a User and such third parties.
6.6 3DCP also does not warrant or guarantee the following:
a. That 3DCP and all of its Services and features will be available at any particular time or location; nor
b. That 3DCP and all of its Services and features will be secure, uninterrupted, and error-free; nor
c. That any defect or error will be corrected; nor
d. That 3DCP Website and all of its Services and features will be free of viruses and other harmful components (Users are responsible for implementing sufficient security procedures for antivirus protection and for the verification of accuracy of any data input and output, and Users are responsible for maintaining a means to recover/reconstruct any lost data.); nor
e. That use of the 3DCP Website will be uninterrupted or error free twenty-four hours a day, seven days a week, including periods when 3DCP may need to carry out maintenance of the 3DCP Website and/or related features/applications from time to time. 3DCP shall use commercially reasonable attempts to carry out maintenance of the 3DCP Website outside of normal business hours (between 08:00 and 17:00 Mountain Time Zone), and 3DCP shall try to provide Users with reasonable notice of any planned outages (however, this may not always be possible for emergent situations).
6.7 3DCP shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect a User’s computer equipment, computer programs, data, and/or other proprietary material due to: (i) the User’s use of the 3DCP Website or any services or items obtained through the 3DCP Website; or (ii) the User’s downloading of any material from the 3DCP Website or on any other website linked to the 3DCP Website.
6.8 The use of the 3DCP Website and associated services and features is solely and entirely conducted at the User’s own risk, unless such disclaimer of risk by 3DCP is otherwise prohibited by law.
6.9 To the extent allowed by applicable law, in no case shall the total and aggregate liability of 3DCP to a User for any and all claims arising out of the User’s Use of the 3DCP Website and its related Services and features exceed the sum of one-hundred U.S. Dollars ($100 USD).
SECTION 7 — USER INDEMNIFICATIONS OF 3DCP
7.1 The User agrees to indemnify and hold harmless 3DCP and its employees, agents, representatives, successors, and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
a. The User’s use of the 3DCP Website or any of its services or features; and
b. Any allegation of intellectual-property infringement based on the User’s uploading of Designs and/or Blueprints (see Section 2.3.d); and
c. The User’s violation of these Terms of Service or any applicable law.
SECTION 8 — DISPUTE RESOLUTION
8.1 Choice of Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom, or rule of law requiring construction against the draftsman.
8.2 Jurisdiction and Venue: The User and 3DCP hereby irrevocably agree that the exclusive venue for any arbitration, suit, action, or other proceeding arising out of or in any way related to these Terms of Service shall be in the City and County of Denver, Colorado, and the Parties agree to the exclusive personal jurisdiction and venue of any court in the City and County of Denver, Colorado, and waive defense thereto.
8.3 Time Limit to Bring Cause of Action: Any cause of action that a User may have with respect to the User’s use of the 3DCP Website/Platform and related features and services must be commenced within one (1) year after the claim or cause of action arises.
8.4 Binding Arbitration: In the event of a dispute between the Parties that cannot be resolved after good-faith negotiations between themselves, then the Parties agree to binding Arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with the venue to be in the City and County of Denver, Colorado, and shall negotiate in good-faith to select an Arbitrator. The successful or prevailing party shall be entitled to, and the Arbitrator shall be empowered to award, reasonable attorneys’ fees and other costs incurred in connection with that action, suit, or proceeding, in addition to any other relief to which such party may be entitled.
8.5 Other Damages: The User acknowledges and agrees that in the event that these Terms of Service are materially breached by the User, damages may be an inadequate remedy and other relief including, but not limited to, specific performance and/or injunctive relief from a court of competent jurisdiction within the City & County of Denver, Colorado may be appropriate for the enforcement of these Terms of Service. Similarly, a party may seek to perfect any judgment from an Arbitrator in the state or federal courts located in the City and County of Denver, Colorado.
SECTION 9 — GENERAL PROVISIONS
9.1 Severability: If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or a portion thereof, to be unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.
9.2 No Implied Waiver: The failure of 3DCP to enforce any term or condition set out in these Terms of Service shall not be deemed a further or continuing waiver of such term or condition, nor as a waiver of any other term or condition, and any failure by 3DCP to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
9.3 Entire Agreement: Except for the Privacy Policy respecting any User Account with 3DCP, these Terms of Service constitutes the entire agreement between 3DCP and the User and it supersedes all prior or contemporaneous communications, agreements, and understandings between 3DCP and you with respect to the subject matter hereof.
9.4 Force Majeure: 3DCP shall not be liable for any failure to perform any of its obligations under these Terms of Service during any period in which such failure to perform arises directly or indirectly out of an act of nature, acts of the public enemy, embargoes, insurrection, riot, or the intervention of any government authority (collectively, “Excusable Cause”), provided that 3DCP notifies the User of such delay in writing and uses its best efforts to minimize the adverse effect of such events.