Terms and conditions of use

1.   General Terms and conditions

The 3D Technologies Web Site is comprised of various Web pages and Services operated by 3D Technologies Pty Ltd.

The 3D Technologies owned and operated websites, mobile applications, services, all Site files and functions and facilities is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Please take a few minutes to read through the entire Terms and conditions carefully for complete information, so that you understand the most important aspects of our policies, Terms and conditions of Use. Your continued use of the 3D Technologies Web Sites constitutes your agreement to all such terms, conditions, and notices.

This Agreement governs the terms of use for the 3D Technologies and Sites owned by 3D Technologies and apply to all users of the 3D Technologies website: its visitors and its contributors (referred to in these terms and conditions as "You", "Your" or "Yours" as the context requires). Throughout the site, the terms “we”, “us” and “our” refer to 3D Technologies.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, members, affiliates, Resellers merchants, and/ or contributors of content and service.

3D Technologies retains the right to revise and change the Terms of Use at any time without notification of the User. We reserve the right to update and/or change our pricing structure as needed. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The User agrees that to gain full and updated information on the Terms of Use he/she should periodically review this section. The User’s ongoing use of the Site after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes.

The User has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The User agrees to use the Site entirely within the lawful and intended limits.

1.1.                    Application of these terms and conditions

These Terms and Conditions and any attachments govern the use of the site, services and sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorized representative of each party, as part of or modification to the quotation.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2.   Use of the 3D Technologies website

By using this 3D Technologies website and/or downloading or uploading any material, You agree to be bound by this agreement. This agreement applies to You and, if You are using this website on Your client's behalf, to You and Your clients. Your use of the site will be subject to the most current version of the terms and conditions published on the site at the time of Your use. By using this site and downloading, uploading or using any files listed under the 3D Technologies websites, You agree to be bound by this agreement. Should You disagree with anything stated here please discontinue Your use of the site and erase all data You have downloaded.

2.1.                    Products or services (if applicable)

3D Technologies provides certain products or services exclusively online through the 3D Technologies websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the online store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

3D Technologies reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. 3D Technologies may exercise this right on a case-by-case basis. 3D Technologies reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 3D Technologies reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

3D Technologies do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

2.1.1.  Products details

3D Technologies reserve the right to make changes, including change in price, content, description, terms, etc. at any time without notice.

2.1.2.  Descriptions of equipment

All weights given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice.

2.2.                    Prices, taxes, and payment

All prices are per unit (except where indicated) are in AU dollars, F.O.B. 3D Technologies Brisbane, Australia. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of 3D Technologies to collect in connection with the sale or delivery of products described on any attachment shall be paid by buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with 3D Technologies (Please send certificate with first order.) All orders are pre-paid, F.O.B. 3D Technologies Brisbane, Australia.

2.2.1.  Pricing

All prices and payments are in Australian Dollars. Unless otherwise agreed prior to purchase. The 3D Technologies reserves the right to change prices for products at any time without notice.

2.2.2.  Modifications to the service and prices

Prices for our products are subject to change without notice.

3D Technologies reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

3D Technologies shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

2.2.3.  Cancellations

3D Technologies reserve the right to cancel any order without notice.

2.2.4.  Accuracy of billing and account information

3D Technologies reserve the right to refuse any order you place with us. 3D Technologies may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that 3D Technologies make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 3D Technologies reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Please also review our Returns Policy for more details.

2.2.5.  Payment

Full payment must be received with order prior to shipping. Purchase orders may be accepted for educational institutions upon prior approval and payment is due within a maximum of 30 days of receipt of goods.

Please contact our sales team for educational institution purchases as you may eligible for further discounts or promotions as part of 3D Technologies policy to promote technological innovation and awareness for educational institutions.

2.2.6.  Educational Status:

Educational purchases must be accompanied by valid student or lecturer identification. Educational Lab Licenses require a valid purchase order.

2.3.                    Delivery

3D Technologies will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Deliveries are F.O.B. 3D Technologies shipping dock and the prices quoted do not include customs duties, GST, freight or insurance. If buyer chooses to contract their own freight carrier, title and risk of loss shall pass to buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, 3D Technologies will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. Buyer is responsible for lowering machine off the truck or indicating proper delivery instructions with 3D Technologies. Misinformation given to 3D Technologies regarding proper delivery instructions, and as a result extra shipping fees are incurred, these fees will pass on to the Buyer. If the products are shipped freight prepaid, the buyer shall pay 3D Technologies the appropriate freight and insurance charges, which will be shown as separate items on the invoice.

Allow 2-3 weeks from purchase date and/or check clearance to ship out product. Delivery of product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases additional time may be needed for holidays and weekends. 3D Technologies will make every attempt to keep the buyer informed prior to making a purchase if additional time is needed.

3D TECHNOLOGIES WILL ONLY REFUND THE BUYER FOR LIFT-GATE AND/OR RESIDENTIAL DELIVERY IN THE EVENT THE CARRIER HAS FAILED TO PROVIDE THESE ADDITIONAL SERVICES THAT WERE PRE-PURCHASED FROM THE BUYER. IN THE EVENT THE BUYER CHOOSES TO PICK UP PRODUCTS OR MACHINE AT CARRIER’S DROP OFF LOCATION “AFTER” PURCHASING LIFT-GATE AND/OR RESIDENTIAL SERVICE-BE AWARE THAT A REFUND WILL NOT BE GIVEN BY THE CARRIER OR 3D TECHNOLOGIES AS THE ORDER FOR THESE SERVICES HAS BEEN PRE-PAID AND ARE INCLUDED IN THE CARRIER’S ITINERARY FOR DELIVERY. IF THE BUYER CHOOSES TO PICK UP AFTER PURCHASING SAID ADDITIONAL TRANSPORTATION SERVICES, THE BUYER WILL RELEASE 3D TECHNOLOGIES AND CARRIER FROM ANY LIABILITY ONCE THE BUYER OBTAINS THE MACHINE.

2.3.1.  Damage and short shipment

In the event products are received damaged, keep all packaging material and contact both the carrier and 3D Technologies in writing within THREE working days. In the event 3D Technologies 3d printers, and other machinery is noticeably damaged, this may include broken crating or torn wrap, the buyer MUST indicate in writing on the driver’s release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.” This will give the buyer time to unwrap or unbox the machine for inspection. The buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine. Signing the driver’s form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine. 3D TECHNOLOGIES IN THIS CASE CANNOT HELP THE BUYER TO FILE A CLAIM TO RECOVER THE LOSS OF THE MACHINE. IF THE MACHINE WITHOUT DOUBT IS VISIBLY DAMAGED, REFUSE TO ACCEPT THE MACHINE ON THE GROUNDS THAT IT IS DAMAGED. Please call 3D Technologies immediately to file a claim.

If the buyer discovers that he/she has missing accessories that were purchased, the buyer must notify 3D Technologies within THREE business days.

2.4.                    Returns

A “RETURN AUTHORISATION” NUMBER MUST BE ISSUED BY 3D TECHNOLOGIES PRIOR TO THE RETURN OF ANY GOODS. Goods returned are to be referenced by this number, or they will not be accepted.

All returns are to be sent to 3D Technologies, freight prepaid. If payment of product was done by credit card, there is a 20% re-stocking fee. Returning items after 30 days are not allowed. Returned items must be clean, and remain in new condition. Proper packaging for shipping will be the responsibility of the customer for any goods returned within 30 days from the date the machine or products are received.

A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible shipping damage to the machine, 3D Technologies will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by 3D Technologies additional shipping, and/or crating charges will be subtracted from the refund.

 

2.5.                    Safety precautions

Buyer shall require users or employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by Product Manufacturers or 3D Technologies. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save 3D Technologies harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes and safety precautions in operating such equipment.

2.6.                    Accuracy, completeness and timeliness of information

3D Technologies are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

2.6.1.  Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 3D Technologies reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2.6.2.  Links to third party sites

The 3D Technologies Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of 3D Technologies and 3D Technologies is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 3D Technologies is not responsible for webcasting or any other form of transmission received from any Linked Site. 3D Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 3D Technologies of the site or any association with its operators.

3D Technologies are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

2.7.                    Restrictions on use of website/service

3D Technologies reserve the right to refuse service to anyone for any reason at any time.

You may not use 3D Technologies products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from 3D Technologies.

A breach or violation of any of 3D Technologies Terms will result in an immediate termination of your Services.

2.8.                    No unlawful or prohibited use

As a condition of your use of the 3D Technologies Web Site, you warrant to 3D Technologies that you will not use the 3D Technologies Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the 3D Technologies Web Site in any manner which could damage, disable, overburden, or impair the 3D Technologies Web Site or interfere with any other party's use and enjoyment of the 3D Technologies Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the 3D Technologies Web Sites.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use without notice of the Service or any related website for violating any of the prohibited uses.

2.9.                    Use of website communication services

The 3D Technologies Web Site may contain bulletin board services, online Market place, chat areas, Reviews, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate and share files with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages and services.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

3D Technologies has no obligation to monitor the Communication Services. However, 3D Technologies reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 3D Technologies reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

2.9.1.  User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

2.9.2.  Personal information

Your submission of personal information through the store is governed by our Privacy Policy. For more details, please view our Privacy Policy.

3D Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 3D Technologies sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 3D Technologies does not control or endorse the content, messages or information found in any Communication Service and, therefore, 3D Technologies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, Members and hosts are not authorized 3D Technologies spokespersons, and their views do not necessarily reflect those of 3D Technologies.

 

2.9.3.  Confidentiality

3D Technologies respects the confidentiality of private and personal information of all cooperating parties. For more information about the procedure of collection, use and disclosure of the User’s confidential information, refer to the Privacy Policy. The User is advised to become familiar with this document.

2.9.4.  Use of 3D Technologies services and files

All digital files provided by 3D Technologies are owned by our affiliates or Contributors. All rights in the files are protected by international copyright laws and Creative commons Licences agreements.

3D Technologies may immediately revoke all licences granted to You without notice if You fail to comply with any provision of this agreement. If a licence is revoked, You agree to immediately stop using this site and the files, delete all files and all copies from all media and destroy all other copies. Your use of this site and any files shall comply with all applicable laws in the country in which You operate.

You are solely responsible for determining whether Your use of any files provided by 3D Technologies requires the consent of any third party or the licence of any additional rights, and You should not rely solely on the information provided by 3D Technologies or its Contributors. If You are unsure whether additional third-party rights are needed for Your use, You are responsible for consulting with competent rights management professionals or legal advisors.

3D Technologies makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. The responsibility for the files uploaded is entirely the Contributor's, he/she being the one who holds all copyrights over the content submitted.

If you have found a file that represents such an infringement please notify us, in order that We may take the appropriate measures.

2.9.5.  Files presentation format

The Site content and the Site itself are provided for review and use without any personal interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. These warranties include conditions and warranties of merchantability. 3D Technologies does not guarantee that the Site content, its work or the Site as a whole will meet the expectations and requirements of the User, nor that the process of its usage will be faultless and without interruption for reason.

2.9.6.  Software license

All software furnished hereunder is licensed by 3D Technologies or its suppliers to the buyer on a non-exclusive basis for use by the buyer. The usage by the software is restricted to equipment for which or with which was acquired. Title to the software shall remain with 3D Technologies or its suppliers. Acquisition of 3D Technologies software requires the execution of a separate license agreement.

2.10.               Materials provided or posted at any 3d technologies web site

3D Technologies does not claim ownership of the materials you provide to (including feedback and suggestions) or post, upload, input or submit to any 3D Technologies Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting 3D Technologies, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. 3D Technologies is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 3D Technologies sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

2.10.1.                     Copyright and trademark notices

All contents of the 3D Technologies Web Site are: Copyright 2014 by 3D Technologies (Australia) and/or its suppliers. All rights reserved.

2.10.2.                     Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

2.10.3.                     Intellectual property

All of the Site assets, including the system of organization and presentation of the files at the Site, are the property of 3D Technologies and its shareholders, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.

In case of absence of a separate written agreement with 3D Technologies (such as the Standard/Extended License Agreement), unconditioned use of the files offered at the Site without written permission of 3D Technologies is prohibited.

Unless explicitly authorised by Standard licence or extended license agreements, Files available at the Site may be copied and used for private use by the User solely for non-commercial or educational purposes only. Also, it is forbidden to change the files in any way (for example, to delete or hide copyright marks). The User has no right to create derivative works from the files presented at the Site or use them otherwise.

2.10.4.                     Procedure of notification and presentation of infringement claims

3D Technologies respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to 3D Technologies including the following information:

• Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;
• Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached;
• Description of the place at the Site where this material was placed;
• The e-mail address, phone number and physical address of the User;
• The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner;
• A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that the statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.

The letter including all of the above data should be submitted through Contact us or by e-mail at Contact@3DTechnologies.com.au

2.10.5.                     Optional tools

3D Technologies may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that 3D Technologies provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. 3D Technologies shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

3D Technologies may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

2.11.               Site updates

3D Technologies regularly updates technical, content and other information on the Site. Nevertheless, 3D Technologies makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. 3D Technologies is able to add, review or delete information, resources and services posted on the Site. Also, 3D Technologies reserves the right to make changes to the Site without prior notification.

2.12.               Software and computer viruses

At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.

3D Technologies is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files from the Site. 3D Technologies strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.

3.   Acknowledgements, representations and warranties

By using the website or any other of Our services, You acknowledge and agree with the following statements:

• 3D Technologies provides access to an online service comprising information and materials created and posted by its Contributors
• Files on the website that are available for licence are stored on 3D Technologies servers at the direction of 3D Technologies Contributors
• any review of uploaded Files that may be performed by 3D Technologies before making such Files available to the public is cursory and only intended to identify immediately obvious violations of these terms. Accordingly, and despite any such vigilance, the Contributor uploading any Files shall be deemed the party at whose direction that Files resides on 3D Technologies servers
• 3D Technologies requires that its users never upload Files that infringe upon any right belonging to a third party. Uploading Files that infringe on third party rights constitutes a direct and material breach of these express terms and will subject the uploading Contributor's account to suspension and/or termination, at the discretion of 3D Technologies
• the Contributor, by uploading a File, asserts and confirms that he/she is the sole holder of all exclusive rights to that File.
• where a File has no obvious proprietary marking that indicates an exclusive owner, 3D Technologies cannot be deemed to have actual knowledge that the Files infringes upon any third party's rights
• 3D Technologies has no right or ability to control the activities of Contributors who create and upload Files to the website. In the event that a Contributor infringes upon a third party's rights by creating or uploading a File, that Contributor is the sole responsible party for such infringement, and 3D Technologies has no control over such activity
• apart from identifying an obvious proprietary marking in a File that indicates an exclusive owner (such as a watermark or copyright notice), 3D Technologies has no other ability to determine whether the rights appurtenant to a particular File may belong to a party other than the uploading Contributor. As its only other means of identifying Files that may infringe upon a third party's rights, 3D Technologies relies entirely on properly presented notifications from third parties claiming that their rights have been violated
• all fees collected by 3D Technologies are collected by them as agents for the Contributors to whom 3D Technologies account for the payment and deduct a handling charge.

3.1.                    Disclaimer of warranties

3D Technologies do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

3D Technologies do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 3D Technologies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

3.2.                    Limitation of warranty

3D Technologies Products are guaranteed by the limited Manufacturer’s warranty specified by the individual manufacturer’s warranty terms for defects due to faulty material and bad workmanship. Parts and accessories usually carry a 3 month warranty. 3D TECHNOLOGIES will repair or replace faulty goods as per warranty terms and is not responsible for any consequential loss incurred due to faulty goods.

Warranty does not cover normal wear, misuse or consumable items. 3D Technologies warrants that the software will perform in accordance to the written materials for this product. 3D Technologies warrants that the 3D Printer software works with Windows XP, Windows 7, Windows 8 and MAC. Also, under this warranty 3D Technologies will see to it to provide the support services intended to make the software conform to its description and to correct operational defects.

The obligation of 3D Technologies under this warranty are limited to replacing parts or repairing at its option and at its factory, of said products which shall, within one year after delivery to the customer, be returned to the Seller’s factory of origin, transportation charges prepaid and which are, after examination determined to be defective. 3D Technologies does not do onsite repair work, but at its option will instruct and support the user on any repairs that may be needed at user’s location.

This Warranty shall not apply to any of such products which has been repaired or altered, except by the Seller or its authorised centres or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller’s part. In addition, it will never assume or authorise any other person to assume for the seller any other liabilities in connection with the sale of said products.

Buyer further represents and acknowledges that 3D Technologies has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall 3D Technologies be liable for incidental or consequential damages (Including strict liability in tort). 3D Technologies shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.

3D Technologies warrants that your Product will be free from defects in materials or workmanship for one (1) year from your Purchase Date.

At its discretion, 3D Technologies will repair or replace your Product, if it does not comply with this Warranty.

 

3.3.                    Warranty Application

This Warranty applies only:

To a Product covered under the Manufacturers standard warranty period, terms and conditions.
To a Product supplied new to You or by a Stockist;
If you use the Product for your own private or business purposes; and
You have not bought the Product for resale.

3.4.                    Warranty Exclusions

This Warranty will not apply if during the warranty period:

A Product’s serial number or any tamper label is removed or changed in any way;
A Product is repaired other than by a Service Agent;
You use a Product contrary to any technical or operating environment guidelines recommended in its user guide or manual;
A part in your Product reaches the end of its service life;
A Product is used in excess of its rated durability or duty cycles;
A Product’s malfunction or failure results from:

Deliberate or accidental damage;
neglect or modification;
incorrect voltage or a power surge; or
your use of any non-genuine consumables, software, parts, accessories or interfacing.

Non-Genuine Items
3D Technologies advises that if you use non- Genuine Consumables, software, replacement parts or accessories, you may damage your Product and void your warranty.

3.5.                    To make a Warranty claim:

You must first contact 3D Technologies through our online Support Centre.
If warranty service is required, provide a copy of your purchase receipt, to show that this Warranty applies to your Product at the date of your claim.
If required, you must deliver the Product to the Service Agent at your cost. It is recommended to have the product sent tracked and insured to avoid loss.

3.6.                    Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE 3D TECHNOLOGIES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 3D TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE 3D TECHNOLOGIES WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE 3D TECHNOLOGIES WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

3D TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 3D TECHNOLOGIES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 3D TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3D TECHNOLOGIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 3D TECHNOLOGIES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE 3D TECHNOLOGIES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 3D TECHNOLOGIES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 3D TECHNOLOGIES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 3D TECHNOLOGIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 3D TECHNOLOGIES WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 3D TECHNOLOGIES WEB SITE.

3.7.                    Liability limitation

The User confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the 3D Technologies Site without limitations.

3D Technologies and also its employees, management, partners, shareholders, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these Terms of Use, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event 3D Technologies was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.

Total aggregate liability of 3D Technologies in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed AU $5.00.

3.8.                    Indemnification

Consenting to the terms of this Agreement, the User agrees to indemnify, defend and hold 3D Technologies, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "3D Technologies parties") harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any 3D Technologies Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any of the terms of this Agreement.

You agree to indemnify, defend and hold harmless 3D Technologies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

3.9.                    Termination/access restriction

3D Technologies reserves the right, in its sole discretion, to terminate your access to the 3D Technologies Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of Queensland, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Queensland, Australia in all disputes arising out of or relating to the use of the 3D Technologies Web Site. Use of the 3D Technologies Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and 3D Technologies as a result of this agreement or use of the 3D Technologies Web Site. 3D Technologies performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 3D Technologies right to comply with governmental, court and law enforcement requests or requirements relating to your use of the 3D Technologies Web Site or information provided to or gathered by 3D Technologies with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 3D Technologies with respect to the 3D Technologies Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 3D Technologies with respect to the 3D Technologies Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

4.   Use of Digital files downloaded from 3D Technologies

All digital files provided by 3D Technologies are owned by our affiliates or Contributors. All rights in the files are protected by international copyright laws and Creative commons Licences agreements.

3D Technologies terms apply equally to personal, corporate, educational and charitable use. Digital files can be used subject to the terms of the appropriate licence set out below and subject to the relevant law of the state in which the file is used worldwide, in perpetuity, and with no time limitations.

3D Technologies may immediately revoke all licences granted to you without notice if you fail to comply with any provision of this agreement. If a licence is revoked, you agree to immediately stop using this site and the files, delete all files and all copies from all media and destroy all other copies. Your use of this site and any files shall comply with all applicable laws in the country in which you operate.

You are solely responsible for determining whether your use of any files provided by 3D Technologies requires the consent of any third party or the licence of any additional rights, and you should not rely solely on the information provided by 3D Technologies or its Contributors. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal advisors.

3D Technologies makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. The responsibility for the files uploaded is entirely the Contributor's, he/she being the one who holds all copyrights over the content submitted.

If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

3D Technologies offer two types of licence for our digital files - a Standard Licence and an Extended Licence. In most cases the Standard Licence will be sufficient.

4.1.                    Free files or publically shared files

Free files or publically shared files may not be used for commercial or promotional purposes. This means that the files may not be used for any purpose which will result in you making money.

Free files or publically shared files may be used in personal projects, electronic media such as websites, magazines, and blogs or printed demonstrations with no commercial benefits from selling the file itself.

Free files or publically shared files may not be used in commercial purposes, commercial websites or product repackaged for commercial purposes.

When these restrictions apply to a file it is clearly labelled as a ‘Free file or shared file’ when you view and download it. Please note that the terms of our Standard Licence still apply to these files, these additional restrictions are to protect the personal, or intellectual, rights of the creator of the files.

Free files or publically shared files are supplied with our Standard Licence, but they may only be used for non-commercial and non-promotional purposes. This means that the images may not be used for any purpose which will result in you making money. No Extended Licence is available for Free files or publically shared files. All Our terms and conditions still apply to Free files or publically shared files.

You are responsible for any changes you make to a Free files or publically shared files and any claim made against you as a result. We strongly advise that you do not adjust any Free files or publically shared files in any way which could change the perceived design or context of the file for any purpose which will result in you making money.

Please note that files which are available for commercial use (not marked as a ‘Free files or publically shared files’) may also be offered to purchase ‘free’ or on ‘promotions’ as free downloads. Please note that the terms of their respective Standard or Extended Licence still apply to these files.

4.1.1.  Terms specific to Free files or publically shared files

If you use a Free version of a file (that is, a file for which you do not make payment) You must publish an acknowledgement, where appropriate, when the file is used, to 3D Technologies and the file creator. This is mandatory and forms part of the user agreement.

If You are unable or unwilling to comply with this term then You must purchase the image in order to use it. Publishing an acknowledgement is optional for Purchased files.

Downloading a file (whether Free or Purchased) does not transfer the copyright, merely a licence to use the file for the purposes stated above. You may not claim that the file is Your own.

Unauthorised use of these files constitutes copyright infringement and shall entitle 3D Technologies and/or its Contributors to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such files. The foregoing is not a limiting statement of 3D Technologies rights or remedies in connection with any unauthorised use.

4.2.                    Standard Licence

When you download a free or purchased file from 3D Technologies you automatically receive our Standard Licence which allows you to use the file for almost any business, personal, educational or charitable purpose. The file is yours to use anywhere in the world as many times as you need and for as long as you want.

If you choose to download a file free of charge you need to publish an acknowledgement to 3D Technologies and the creator of that file wherever it’s used for any purpose other than personal use.

A Standard Licence is a royalty-free licence which gives you the right to use the file for yourself, or on behalf of your client, but not to sell the file or to sub-license it to anyone else. Under this licence files can be acquired in two ways: "Free" and "Purchased". A Free file is subject to the terms specific to free digital files set out below which mainly require that you must publish an acknowledgement to 3D Technologies and the file creator where necessary to do so.  Please check the section for more information about publishing an acknowledgement. Purchased files do not have this requirement. Both Free and Purchased files are subject to the limitations set out in the table below (see 4.3 Acceptable and prohibited use).

4.3.                    Extended Licence

If you wish to sell merchandise bearing one of our designs, where your customers are likely to buy the product solely or mainly because it used the designs from the digital files, you will need to purchase an Extended Licence. This could be, for example, if you want to reproduce the design on a 3D Printer for sale or commercial distribution in our 3D marketplace.

Below we have summarised the types of use which are permitted with each licence. If you would like further information we encourage you to read our full terms and conditions or contact us for advice.

An Extended Licence is a royalty-free licence which gives you the right to use the file for all purposes and to sell any merchandise produced by you from the design but expressly excludes the right to use the file in any way on any print-on-demand websites or marketplaces. Usage is subject to the limitations set out in the table below.

4.4.                    Acceptable and prohibited use

The table below provides an overview of what is allowed under each licence. If Your intended use is not listed below, please contact us for advice.

How you intend to use the image	Type of licence you need
Websites (eg websites for business (for yourself or a client), personal, educational or charitable use, plus blogs, forums, Facebook and Twitter pages).	Standard Licence (free* or purchased files)
Digital files for mass distribution, whether free or paid for (eg designs distributed via 3docean or Thingverse).	Extended Licence
Printed merchandise (eg. advertising and promotional material).	Standard Licence (free* or purchased files)
Software, apps and video games – incidental use where the file is not important to the functioning of the software.	Standard Licence (free* or purchased file)
Flash cards, language courses and online learning systems etc – where the files are integral to the functioning of the system, eg a 3D character is shown and has to be identified.	Extended Licence
School or college projects.	Standard Licence (free* or purchased files)
Artist’s reference and printed artwork – where the resulting artwork is for personal use.	Standard Licence (free* or purchased files)
Artist’s reference and printed artwork – where the resulting artwork is for sale.	Extended Licence
Digital files offered as part of a Product package or merchandise on sale.	Extended Licence
Products or printed merchandise where the design file is the sole, or a main, reason the product would be purchased; whether the item is distributed free of charge or sold. This excludes distribution on merchandise sites, see below.	Extended Licence
Products or printed merchandise for resale on merchandise sites such as 3docean or Thingverse. (This excludes the author of the digital files from offering the files in other similar sites).	Prohibited – no licence available
Logos and other corporate identity designs which may acquire trademark or copyright protection.	Prohibited – no licence available
Pornographic, unlawful or defamatory uses.	Prohibited – no licence available
Infringement of copyright, trade name, trademark or service mark.	Prohibited – no licence available
Redistribution or resale as a digital or printed merchandise.	Prohibited – no licence available

* If you use a Free file or publically shared files You must publish an acknowledgement to 3D Technologies and the design creator on the same page or screen where the design is used or where appropriate. Purchased files do not have this requirement.

 

4.5.                    Manipulation of design files

Manipulations, deviations and modifications of 3D Technologies files are allowed as well as including files in projects to achieve a desired result.

You may not sell or redistribute files where the original 3D Technologies file used in the design is distinguishable in the design file as a primary component UNLESS the use is specifically granted under the terms of the Extended Licence.

Files used in manipulated, modified or deviated form in a design that are so thoroughly incorporated that they are not reasonably identifiable are not subject to these restrictions.

Ownership of the copyright of manipulated, deviated and modified 3D Technologies files remains with the 3D Technologies contributor and may not be assumed by any other person if the original file is still identifiable in part or in whole.

4.6.                    Model and property releases

Where indicated, Our Contributors have provided Us with a model release or property release which authorises them to sell designs of that person or property. Please note that releases are usually not required for Free files or publically shared files.

4.7.                    Sensitive subjects

Any licence granted by 3D Technologies shall not constitute a representation that, that file is compatible for use with any other material. You are solely responsible for the use of any file in combination with any other designs or material, and You agree not to use files in sensitive topics without 3D Technologies separate written agreement. Such sensitive topics include, but are not limited to: topics with social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the public communities included in the designs.

You must contact 3D Technologies for additional information prior to any use of a design in a sensitive topic.

4.8.                    Refund policy

If you have downloaded a file that has technical flaws please contact us and at our discretion we will either replace the file at no extra cost or refund any sum you have paid for the file. At no time will we be liable to you for any other losses whether direct, indirect or consequential arising out of a file with any technical or other flaws.

4.9.                    Notification of copyright infringement

3D Technologies may terminate the accounts of Contributors who upload files onto the 3D Technologies website which may infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the 3D Technologies website, complete the "Report a problem with this file" form accessible from every file on the website. Alternatively, send 3D Technologies a notice containing: (i) a physical or electronic signature of the copyright owner or person authorised to act on behalf of the copyright owner; (ii) 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; (iii) a description of where the material that You claim is infringing is located on the 3D Technologies site; (iv) information sufficient to permit 3D Technologies to contact You, such as Your physical address, telephone number, and email address; (v) a statement that You have a good faith belief that the use of the material You identified is not authorised by the copyright owner, its agent, or the law; and (vii) a statement by You that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorised to act on the copyright owner's behalf.

4.10.               Indemnity

You agree to fully and effectually indemnify, defend, and hold harmless 3D Technologies against all claims, liability, damages, costs and expenses, including all reasonable legal fees and expenses, arising out of or related to any breach of this agreement, the use of this site and the use of any files either alone or in combination with any other material, Your failure to abide by any restriction regarding the use of a file, or any claim by a third party related to the use of a file, alone or in combination with any other material.

4.11.               Exclusion of liability

3D Technologies provides files supplied by the Contributors in good faith but without any responsibility that the Contributor is entitled to place the files on the website.  You are responsible for ensuring that Your use of any files complies with all laws and regulations which apply in the area where You make use of the files.

 

5.   Contributors

5.1.                    Registering for a Contributor's account

To upload any files, You have to apply for a 3D Technologies account and You agree to provide complete, true and accurate information in Your application. 3D Technologies reserves sole discretion over whether to grant You an account, and You agree to access the authorised sections of the website and Your account only by using the email address and password chosen.

You are responsible for maintaining the confidentiality of Your password and You shall not distribute this access information or allow others to use this access information to gain access to 3D Technologies site. You agree to take reasonable steps to prevent others from obtaining Your access information and to notify 3D Technologies of any unauthorised access or need to update or remove access for any of Your employees or agents.

At any time, You may request Your account access to be restricted or terminated, but 3D Technologies reserves the right to delay or deny any final payment due if suspicious activity is suspected.

5.2.                    Contributor responsibility

As a Contributor You are entirely responsible for the files You upload. By uploading files You confirm You are the sole copyright holder for the files. When any design files includes a recognisable person or property, You must provide an appropriate, signed model release or property release form. This includes children, deceased persons, speakers of another language; cases in which a parent, a guardian or another authorised person should provide explicit consent.

3D Technologies will not be held responsible for any of the files You upload to the site.

In cases where files include elements of other people's work, it is Your sole responsibility to provide an appropriate, signed property release form to show that You have obtained authorisation to include those elements in the new work which is being uploaded for sale.

5.3.                    Copyright

You as the Contributor acknowledge that 3D Technologies prohibits any files or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its 3D Technologies websites.

By uploading Your files, You as the Contributor are warranting that You own all intellectual property rights, including copyright, in and to the files. Where You do not own all intellectual property rights You will provide an appropriate property release form signed by the intellectual property rights owner.

When You upload a file for Free use only it is Your sole responsibility to provide an appropriate, signed release form if the intellectual property rights for elements within that files extend to Free use.

You confirm that all information provided by You at submission date and during the time that the file is hosted on 3D Technologies servers is true and accurate. 3D Technologies reserves the right to verify the information and to take the appropriate measures in case of spam or any inaccurate information.

You as the Contributor hereby grant 3D Technologies a non-exclusive licence to post the files on its website and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants 3D Technologies and its representatives the right to sublicense the image to their customers in accordance with the terms of the 3D Technologies licence agreement, a copy of which You as the Contributor acknowledge reviewing and agreeing to.

The parties agree that all rights, including title and copyright, in and to the uploaded files, shall be retained by You as the Contributor, unless otherwise mentioned by the licence agreement. You acknowledge that no monetary or financial compensation is owing or required to be paid to You as the Contributor by 3D Technologies or any of its directors, officers, employees partners, agents or members for the rights granted herein by You other than to account to You for the payments received from visitors to the website.

While 3D Technologies acknowledges that its policy is to provide the Contributor with certain payments whenever any files uploaded by that Contributor is downloaded and paid for by a visitor, the parties agree that 3D Technologies may amend such policy from time to time, as reasonable business objectives may require.

5.4.                    Payment

3D Technologies pays its Contributors an agreed percentage of the revenue resulting from sales of their files and merchandise created from these design files. 3D Technologies reserves the right to change the percentage payable at any time. Our Contributors will be notified of any changes to the agreed percentage; and the changes may apply to any sales on and after the date of notification.

3D Technologies shall pay to each Contributor any sum due to the Contributor when the balance due to the Contributor equals or exceeds AU$10. The payment will be made to the Contributor through their PayPal account as specified by the Contributor within their 3D Technologies account management area. 3D Technologies may deduct from any payment refunds that have been made to customers in respect of the Contributor's files.

3D Technologies is entitled to carefully analyse all details and logs of the Contributor's sales on the website. If any suspicion exists, 3D Technologies has the right to delay the payment until all details are cleared or to refuse the payment.

You acknowledge that 3D Technologies is under no obligation to You to continue to display Your files on its website. 3D Technologies shall not be responsible to You in any way for the loss of any potential sales during any period when either the website is not functioning or one or more of Your files does not appear on the website.

5.5.                    Indemnity by Contributors

You as the Contributor agree that neither 3D Technologies nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the files. You further acknowledge that You are responsible for any challenges made by any third party regarding copyrights in the files.

You agree to fully and effectually indemnify, defend, and hold harmless 3D Technologies against all claims, liability, damages, costs and expenses, including all reasonable legal fees and expenses, arising out of or related to any breach of this agreement of this agreement by You, Your use of this website and the use of any files either alone or in combination with any other material, Your failure to abide by any restriction regarding the use of a file, or any claim by a third party related to the use of any designs, alone or in combination with any other files.

You as the Contributor agree that 3D Technologies is entitled to use any files supplied by You without charge solely for the purpose of advertising and marketing the 3D Technologies website and the services supplied by it.

5.6.                    Use of files by customers

Customers who download Contributors’ files, whether Free or Purchased, agree to use the files in accordance with our terms and conditions. 3D Technologies is not responsible for use or misuse of files in breach of our terms and conditions, and no liability is accepted in such circumstances.

5.7.                    Removal of Your files from the 3D Technologies website

You may request deletion of Your files from the 3D Technologies website at any time. files that have been downloaded by customers prior to their removal from the website will remain properly licensed; we are unable to revoke licences which have previously been granted.

5.8.                    Termination of accounts

You may request termination of Your account at any time, for any reason. Files that have been downloaded by customers prior to their removal from the website will remain properly licensed; we are unable to revoke licences which have previously been granted.

We may terminate Your account at any time, for any reason, for example, but not limited to: deception, copyright infringement, continual submission of poor quality files.

Any monies owed to You at the time of termination will be paid, except where we suspect unusual activity on the account, in which case we may delay payment indefinitely while We investigate.

 

6.   Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Queensland, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

6.1.                    General provisions

3D Technologies failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use cannot be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.

6.2.                    Assignment

This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.

6.3.                    Governing law

This agreement shall be construed in accordance with the laws of Queensland, Australia and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from 3D Technologies hereunder shall be subjected to the jurisdiction of the courts within Australia. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.

6.4.                    Applicable law

The Site is operated, managed and controlled by 3D Technologies, principally located in the state of Queensland, Australia. The Site is accessible for use in any country of the world. Since the regulatory systems of all countries have unique laws and subordinate acts that may differ from the laws governing the state of Queensland, Australia, the User agrees that these Terms of Use are governed by the laws of the state of Queensland, Australia. The User also agrees that any disputes arising as a result of this Agreement being wholly or partially unenforceable will be voluntarily settled through negotiations and, in case of failure to come to an agreement, by judicial process.

6.5.                    Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

6.6.                    Merger clauses

The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of 3D Technologies in a document making specific reference to this transaction or after a transaction has been made.

6.7.                    Contact information

For any questions in connection with the provisions of this document, please contact 3D Technologies using the contact information below.

Questions about the Terms of Service should be sent to us at sales@3DTechnologies.com.au.

Contact information:

E-mail: Support@3DTechnologies.com.au

7.   Acknowledgement

•          Terms of Use;
•          Privacy Policy;
•          License Agreement;
•          Standard License Agreement;
•          Extended License Agreement;
•          Comparison of the License Capabilities;
•          DMCA Copyright Infringement Notice;
•          Supply Agreement;
•          Reseller Agreement;
•          Referral Agreement;
•          Affiliate Program Agreement;
•          Subscription Agreement;
•          API Program Agreement;
•          Returns Policy;
•          Shipping Policy;
•          Cancellation Policy;

IN CASE THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF ONE OR MORE OF THE ABOVE-MENTIONED DOCUMENTS, THE USER SHOULD CEASE USING THE WEBSITE OR ANY FEATURES OF THE WEBSITE GOVERNED BY THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT; BY USING THE WEBSITE AND ITS FEATURES, THE USER IMPLICITLY AGREES WITH ALL THE TERMS AND CONDITIONS OF THE AGREEMENT.

IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF 3D TECHNOLOGIES AGREEING TO PROVIDE THE CONTENT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND 3D TECHNOLOGIES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND 3D TECHNOLOGIES RELATING TO THE SUBJECT OF THIS AGREEMENT.

ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF SERVICE SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.