Terms of Service

3D Industries Limited Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR
RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF
LIABILITY CLAUSE.
  1. ABOUT THESE TERMS AND CONDITIONS
    • 1.1 These Terms of Service (as may be amended from time to time) set out the terms on which we
      provide all our services to you (whether directly or indirectly). By accessing, browsing, and using any
      website maintained by us including without limitation the website at www.3dshap.es, www.3Dpartsource.com and www.register3D.com , our API, any
      application on the itunes or Android platforms published by us from time to time and our social
      networking pages (together the “Website”) or communicating with us either by telephone,
      electronically and/or by using the parts matching service offered through the Website, you
      acknowledge and agree to be bound by these Terms of Service.
    • 1.2 3D Industries may at any time without notice modify these Terms of Service. We will notify you of
      any changes to these Terms of Service either by emailing you (at the email address notified by you to
      us on the Website) or via posting a notice on the Website.
    • 1.3 By continuing to use the Website after changes to these Terms of Service are made and notified to
      you, you agree to be bound by such changes.
    • 1.4 You can review the most current version of our Terms of Service at any time by clicking on the
      “Terms of Service” link located at the bottom of the Website. The most current version displayed on
      that page will supersede all previous versions.
  2. INFORMATION ABOUT US
    • 2.1 We operate the Website. We are 3D Industries Ltd., a limited company incorporated in England with
      registered number 07007336 and registered address at C/O 11 Rivermill, 151 Grosvenor Road,
      London SW1V 3JN, United Kingdom . In addition to our legal name, we trade as 3Dshap.es,
      3DShap.es, 3Dshapes, 3DShapes, 3D Shapes, 3DS, 3D Industries, 3D Industri.es, 3dindustri.es,
      3DIndustri.es and 3DI.
    • 2.2 References to “3D Industries”, “we” and “us” are references to 3D Industries Ltd. References to
      “you” are to the person accessing, downloading or using the Website or Service (as defined below), or
      the company or organization on whose behalf such person accesses, downloads or uses the Website or
      Service.
  3. SCOPE OF OUR SERVICE
    • 3.1 For the purposes of these Terms of Service, we classify our users in two ways:
      • (a) “Merchants” who are merchant users displaying individual products and/or services
        and/or product catalogs through the Website and who may offer such products and/or
        services for sale through the Website or otherwise; and
      • (b) “Customers” who use the Website to search for and view products and/or services and who
        may purchase such products and/or services from a Merchant through the Website or
        otherwise.
    • 3.2 Users may be both Merchants and Customers depending on their use of the Website.
    • 3.3 The Website is an online platform through which Merchants can upload, display and amend 3D
      models of various products in different CAD / 3D file formats and Customers can search for, view and
      review such 3D models. In addition Merchants can offer for sale and Customers users can purchase
      products and/or services shown on the Website and created using 3D printing processes (together the
      “Service”).
    • 3.4 Basic services are currently free to use. 3D Industries reserves the right to charge for certain
      additional premium services by giving notice on the Website. Users will not be charged for any
      service without being warned in advance and being asked to enter their credit card details into the
      Website.
    • 3.5 3D Industries reserves the right to introduce commission payments in respect of listings and/or sales
      of certain types of product. 3D Industries will give you no less than 30 days prior written notice prior
      to introducing such charges by sending you an email or posting a message on the Website.
    • 3.6 Each Seller will be able to create and populate a profile providing basic information about its
      business including without limitation its year and place of establishment, estimated annual sales,
      number of employees and products and services offered. In addition, Sellers will be able to
      upload, display and edit images and descriptions of products and/or services.
  4. Contracts between Customers and Sellers
    • 4.1 Currently Customers and Sellers can exchange information through the Website and can
      transact with each other “offline”. In the future, 3D Industries intends to provide functionality
      enabling Customers and Sellers to transact with each other through the Website.
    • 4.2 When a Customer orders any product or service from a Seller (or a Seller accepts any order
      for any product or service from a Customer), the Customer and Seller contract by way of a direct
      legally binding agreement with each other. Neither the Customer nor Seller enters into any
      form of contractual relationship with 3D Industries. 3D Industries acts solely as an intermediary by
      providing the online platform which enables the Customer and Seller to transact business and
      through which the Customer and Seller are able to communicate and provide each other with
      certain information.
    • 4.3 3D Industries does not control and is not liable to, or responsible for, the quality, safety, lawfulness
      or availability of the products or services offered for sale on the Site or the ability of the suppliers to
      complete a sale or the ability of buyers to complete a purchase.
    • 4.4 You are hereby made aware that there may be risks of transacting with other users of the Website.
      3D Industries use several techniques to attempt to verify the accuracy of information provided by our
      users when any user registers on the Website. However, because user verification on the internet is
      difficult, 3D Industries cannot and do not confirm each user’s identity. We encourage you to use the
      various tools available on the Website, as well as common sense, to evaluate with whom you are
      dealing.
    • 4.5 By using the Website, you acknowledge that:
      • (a) you are fully assuming the risks of any purchase and sale transaction transacted with
        another user (or users) of the Website (whether such transaction is transacted through the
        Website or otherwise). Such risks may include, but shall not be limited to,
        mis­­­-­representation of products and services, fraudulent schemes, unsatisfactory quality,
        failure to meet specifications, defective products, delay or default in delivery or payment,
        cost mis-­calculations, breach of warranty, breach of contract and transportation accidents
        (together “Transaction Risks”);
      • (b) you are solely responsible for any terms and conditions of any transaction conducted on,
        through or as a result of, use of the Website, including, without limitation, terms regarding
        payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits,
        handling, transportation and storage.
    • 4.6 You hereby undertake and agree that 3D Industries shall not be liable or responsible for any
      damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind
      that may arise as a result of or in connection with any Transaction Risks.
    • 4.7 In the event that you have a dispute with any other user of the Website in relation to any transaction
      or otherwise, you agree to release and indemnify 3D Industries (and our agents, affiliates, directors,
      officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages
      (including without limitation any actual, special, incidental or consequential damages) arising out of
      or in connection with such dispute.
  5. Information on the Website
    • 5.1 All information on the Website is provided by users. Sellers are responsible for updating the
      Website with information about parts, any offers, charges, delivery costs and other information. We
      are not and will not be responsible for any inaccurate, incomplete, misleading, untrue or incorrect
      information displayed on the Website (including manifest and typographical errors) or for any
      interruptions (whether due to scheduled or unscheduled repair, upgrade or maintenance, any failure
      of the Website (whether or not our fault) or for any failure by a Seller or Customer to deliver any
      service or perform its obligations under any contract. You hereby acknowledge and understand that
      we may not have conducted any quality or other checks on any Seller or Customer. The Website
      (and in particular any reviews by users) does not represent a recommendation, endorsement or
      guarantee as to quality, experience or value for money by us or any user.
    • 5.2 We provide a currency convertor on the Website for your convenience. All prices converted into a
      currency other than the currency of the relevant Seller are for guidance only and may be subject
      to variation between the date of booking and the date of payment. Please check the information on
      the relevant offer to discover what the applicable currency of payment for the offer is. We will not be
      responsible for any errors arising from the operation of the currency convertor.
  6. User ID and Password
    • 6.1 In order to access the Website and use the Service you will be required to register with the Website
      and create a username and password. You shall be solely responsible for maintaining the
      confidentiality of your username and password and for all activities that take place using your
      username and password.
    • 6.2 Each username and password is unique to a single account. You agree and undertake not to disclose
      (or permit to be disclosed) your username or password or to permit any other person to use your
      username and password.
    • 6.3 You acknowledge that sharing your username or password with any other person, or allowing
      multiple users to use your username and password may cause irreparable harm to 3D Industries. You
      hereby agree to indemnify and hold harmless 3D Industries against any loss or damages (including
      but not limited to loss of profits, and legal costs) suffered by 3D Industries as a result of any breach of
      this paragraph 6.
    • 6.4 You hereby undertake to notify 3D Industries immediately of any unauthorized use of your
      username or password or any other breach of security.
  7. Your Responsibilities
    • 7.1 You hereby represent, warrants and agree to:
      • (a) provide true, accurate, current and complete information about yourself and your business
        as required by 3D Industries; and
      • (b) maintain and keep updated all information held by 3D Industries to ensure that it remains
        true, accurate, current and complete in all material respects.
    • 7.2 You hereby represent, warrant and agree that in using the Service and/or the Website you shall not:
      • (a) publish fraudulent information or make fraudulent offers for any part;
      • (b) be involved in or publish any information relating to the sale or transfer of any counterfeit
        or stolen item or any item the sale, marketing or possession of which is prohibited by
        applicable law;
      • (c) otherwise conduct or promote any illegal activities while using the Website or use the
        Website for any unlawful purpose;
      • (d) sell or seek to sell weapons, items that could be used to make weapons, items restricted or
        classified as weapons-related items and any other items the sale of which is governed by any
        weapons or arms related regulations, treaties or laws;
      • (e) upload, distribute or publish anything that may be harmful to minors or which is targeted at
        minors;
      • (f) upload, distribute or publish anything that contains information that is obscene or contains
        any pornography or sex-related merchandising or which otherwise promotes sexually
        explicit materials;
      • (g) promote discrimination based on race, sex, religion, nationality, disability, sexual
        orientation or age;
      • (h) impersonate any other person or entity or misrepresent yourself or your affiliation with
        any other person while using the Website;
      • (i) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the
        Website;
      • (j) upload, distribute or publish anything that contains information that is defamatory,
        libellous, unlawfully threatening or unlawfully harassing;
      • (k) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the
        Website to any third party, or jeopardize the correct functioning of the Website, or
        otherwise attempt to derive the source code of the software (including the tools, methods,
        processes and infrastructure) that enables or underlies the Website;
      • (l) attempt to gain access to secured portions of the Website to which you do not possess access
        rights;
      • (m) resell or export the software associated with the Website;
      • (n) use the Website to generate unsolicited advertisements or spam; or
      • (o) use any automatic or manual process to search or harvest information from the Website, or
        to interfere in any way with the proper functioning of the Website.
      • (p) infringe or otherwise abet or encourage the infringement or violation of any third party’s
        copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity
        and privacy or other legitimate rights; and
      • (q) transmit, upload or otherwise deal with any computer viruses or other destructive devices
        and codes (including without limitation any Trojan Horse) that may have the effect of
        damaging, interfering with, intercepting or expropriating any software or hardware system,
        data or personal information making up the Website or otherwise.
  8. Feedback
    • 8.1 You may from time to time be able to provide feedback and/or a recommendation on another user of
      the Website. You hereby represent, warrant and agree with regards to any information posted by you
      (or on your behalf) about or relating to any other user of the Website that:

      • (a) third parties may contact you to request support for any claims or statements made about
        such other user;
      • (b) you have obtained all necessary consents, approvals and waivers from such user to:
        • (i) act as his referee;
        • (ii) to post and publish his contact details and information, reference letters and
          comments on his behalf; and
        • (iii) communicate with any third party who has contacted you to request support for
          any claim or statement made by you about the other user; and
      • (c) any reference letter and comment made about another user is true, accurate and complete
        in all material respects.
    • 8.2 You undertake not to take any action which may undermine the integrity of the Website’s feedback
      system, including without limitation leaving positive feedback for yourself, using a secondary
      username or password to give yourself feedback or leaving unsubstantiated negative feedback in
      respect of another user.
    • 8.3 You hereby acknowledge and agree that 3D Industries:
      • (a) shall not be required to actively monitor nor exercise any editorial control over the content
        of any message or other material or information created, obtained or accessible through the
        Website
      • (b) does not endorse, verify or otherwise certify the contents of any comments or other material
        or information made by any user.
  9. Use of Discussion Boards
    • 9.1 3D Industries provide you with the use of discussion boards on the Website to promote and encourage
      open, honest and respectful communication between our users. You acknowledge and agree that you
      will not use any discussion board on the Website as a marketing platform or post any information
      relating to trade leads, promote any product or service in which you have an economic interest in
      their sale or promote your company profile.
    • 9.2 You acknowledge and agree that all data, text, software, music, sound, photographs, graphics, video,
      messages or other materials (together “Content”) posted or transmitted by you or using your
      username and password to or through a discussion board on the Website (whether publicly or
      privately) is your sole responsibility. You shall be solely responsible for all Content uploaded or
      posted by you or using your username and password to or through our discussion boards on the
      Website.
    • 9.3 3D Industries reserve the right to delete, amend or suspend any Content on any discussion board at
      our sole discretion without giving any notice or reason. 3D Industries may monitor posting activities
      of any person who we suspect of being in breach of these Terms of Service and may restrict such
      person’s ability to post messages on the discussion boards on the Website or otherwise make use of
      the Website and/or the Services.
  10. Breach
    • 10.1 If:
      • (a) any user breaches any representation, warranty or covenant contained in these Terms of
        Service or any other provision of these Terms of Service; or
      • (b) 3D Industries has reasonable grounds to believe that any user is in breach of any
        representation, warranty or covenant; or
      • (c) upon receiving a complaint or claim from any third party 3D Industries has reasonable
        grounds to believe any user has willfully or materially failed to perform any contract with a
        third party including without limitation where such user has:

        • (i) failed to deliver any items ordered by such third party after receipt of the purchase
          price; or
        • (ii) delivered products or performed services that materially fail to meet the terms and
          descriptions outlined in its contract with the third party,

      3D Industries have the right without notice to:

      • (a) suspend or terminate the user’s access to the Website and/or the Service without any
        compensation; and
      • (b) refuse any and all current or future use of the Website and/or Service or any other services
        that may be provided by 3D Industries.
    • 10.2 3D Industries reserves the right at its sole discretion to:
      • (a) remove any Content 3D Industries reasonably believes is unlawful, could subject 3D
        Industries to liability, violates the Terms of Service or is otherwise found inappropriate in
        the sole discretion of 3D Industries;
      • (b) cooperate fully with governmental authorities, private investigators and/or injured third
        parties in the investigation of any suspected criminal or civil wrongdoing; and
      • (c) take whatever action it deems necessary to prevent such user’s breach of these Terms of
        Service including the following:

        • (i) issuing a warning letter or email to the relevant user (where the breaches are
          deemed by 3D Industries in its sole and absolute discretion to be minor); or
        • (ii) ban the relevant user from discussion boards on the Website or the Website (where
          the breaches are deemed by 3D Industries in its sole and absolute discretion to be
          major).
    • 10.3 3D Industries may disclose any user’s identity and contact information, if requested by a government
      or law enforcement body, an injured third party, or as a result of a subpoena or other legal action,
      and 3D Industries shall not be liable for damages or losses resulting therefrom. You hereby agree
      not to bring any action or claim against 3D Industries for any such disclosure.
  11. Intellectual Property
    • 11.1 You hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to 3D
      Industries to display and use all information (including without limitation any images, models and
      part descriptions) provided by you for the purposes set out in these Terms of Service and to exercise
      any copyright, publicity, and database rights you may have in such material or information now and
      in the future, in any media whether now known or not currently known.
    • 11.2 3D Industries and its licensors constitute the sole owner of all the intellectual property rights to the
      Website and Service. The Service embodies trade secrets and intellectual property rights protected
      under UK and worldwide copyright and other laws. All title, ownership and intellectual property
      rights in the Website and Service shall remain with 3D Industries and its affiliates. All rights not
      otherwise claimed under this Agreement or by 3D Industries are hereby reserved.
    • 11.3 You hereby represent, warrant and agree that you have obtained all necessary third party licenses,
      permissions and consents required to post any Content to the Website and undertake and agree that
      you shall be solely responsible for ensuring that any material or information posted by you on the
      Website or provided to 3D Industries for any reason whatsoever does not violate the copyright, patent,
      trademark, trade secrets or any other personal or proprietary rights of any third party or is posted
      with the permission of the owner(s) of such rights. You further represent, warrant and agree that you
      have the right and authority to sell, distribute or offer to sell or distribute the products and/or
      services described in any material or information posted by on the Website or provided to 3D
      Industries for whatever reason.
  12. Indemnity
    • 12.1 You hereby indemnify and hold 3D Industries and its subsidiaries, affiliates, employees, officers,
      agents or partners harmless from and against any direct or indirect loss or damage (including
      consequential loss and loss of profits, goodwill or business opportunities) arising from any third
      party claim in relation to any content uploaded, posted or e-mailed on or through the Website by you
      or on your behalf, your use of the discussion boards on the Website, or your breach of any provision
      of these Terms of Service.
  13. Limitation of Liability
    • 13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH OF THE SERVICE AND WEBSITE IS
      PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND 3D INDUSTRIES HEREBY
      EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
      BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,
      PERFORMANCE, ACCURACY, RELIABILITY, SELLER ABILITY OR FITNESS FOR A
      PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES,
      REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
    • 13.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3D INDUSTRIES MAKES NO
      REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY,
      QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION
      PROVIDED ON OR THROUGH THE WEBSITE.
    • 13.3 Any material downloaded or otherwise obtained through the use of the Service is done at your sole
      discretion and risk and you are and shall be solely responsible for any damage to your computer
      system or loss of data that results from the download of any such material. No advice or information,
      whether oral or written, obtained by any Member from 3D Industries or through or from the Website
      and/or Service shall create any warranty not expressly stated in these Terms of Service.
    • 13.4 Under no circumstances shall 3D Industries be held liable for a delay or failure or disruption of the
      Service or Website resulting directly or indirectly from acts of nature, forces or causes beyond its
      reasonable control, including without limitation, Internet failures, computer, telecommunications or
      any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections,
      civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war,
      governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third
      parties.
    • 13.5 3D Industries shall not be liable for any special, direct, indirect, punitive, incidental or consequential
      damages or any damages whatsoever (including but not limited to damages for loss of profits or
      savings, business interruption, loss of information), whether in contract, negligence, tort or
      otherwise or any other damages resulting from any of the following:

      • (a) the use or the inability to use the Website and/or Service;
      • (b) any defect in goods, samples, data, information or services purchased or obtained from a
        user of the Website or a third-party service provider through the Website or otherwise;
      • (c) unauthorized access by third parties to data or private information of any user;
      • (d) statements or conduct of any user of the Website; or
      • (e) any other matter relating to the Website or Service however arising, including negligence.
    • 13.6 Notwithstanding any of the foregoing provisions, the aggregate liability of 3D Industries, their
      employees, agents, affiliates, representatives or anyone acting on their behalf with respect to each
      user for all claims arising from the use of the Website and/or Service shall be limited to $100 (USD).
      The preceding sentence shall not preclude the requirement by any user to prove actual damages. All
      claims arising from use of the Website and/or Service must be filed within one (1) year from the date
      the cause of action arose.
  14. General
    • 14.1 These Terms of Service are agreed between 3D Industries and you. No other person shall have any
      rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties)
      Act 1999.
    • 14.2 If any court or competent authority decides that any term of these Terms of Service is held to be
      invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed
      from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
    • 14.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent
      or scope of such section.
    • 14.4 3D Industries will not be liable for any changes to and/or cancellation of any order for any part made
      through the Website or otherwise or for any loss or damage suffered by you as a result of any failure
      by any Customer or Merchant to perform or properly perform any of its obligations to you. Further
      3D Industries will not be liable for any loss or damage suffered by you as a result of any failure by
      3D Industries to perform or properly perform any of our obligations to you which is due to any
      event(s) or circumstance(s) where the non performance is caused by force majeure. By way of
      example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of
      borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other
      unforeseeable causes beyond 3D Industries control.
    • 14.5 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or
      any other provision and will not relieve you from the obligation to comply with such provision.
    • 14.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all
      or any of your rights under these Terms of Service without our prior express written consent.
    • 14.7 These Terms of Service set forth the entire understanding and agreement between you and 3D
      Industries with respect to the subject matter hereof.
    • 14.8 These Terms of Services shall not give rise to any partnership between you and 3D Industries.
    • 14.9 Headings are for reference purposes only and in no way define, limit, construe or describe the scope
      or extent of such section.
    • 14.10 3D Industries may at any time assign, transfer, mortgage, charge or deal in any other manner with
      any or all of its rights and obligations under these Terms of Service.
    • 14.11 You shall not assign, transfer, mortgage, charge, subcontract, declare a trust of or deal in any other
      manner with any of your rights and obligations under these Terms of Agreement without the prior
      written consent of 3D Industries.
    • 14.12 You confirm that you are acting on your own behalf and not for the benefit of any other person.
    • 14.13 If there is any conflict between the English version of these Terms of Service and any other language
      version of these Terms of Service, the English language version shall prevail.