TERMS OF SERVICES

TABLE OF CONTENTS

About Us

Creative 3 Dimensional (hereafter “C3D”), available through the website creative3dimensional.com (hereafter “the Site”).

·         You can contact us:

·         By giving us a call: +1 505 750 8676

·         By sending us an email: info (@) creative3dimensional.com

Agreement

Your usage of the Site is subject to your compliance with the terms and conditions set forth below. If you do not agree to these Terms of Use, do not use the Site.

C3D may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of the Site shall be deemed your conclusive acceptance of the modified terms and conditions. However, contracts concluded on the basis of previous terms and conditions remain unaffected but you have to prove the terms which are applicable.

Orders placed by you are accepted and all contracts are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon C3D or any of its subsidiaries or affiliated companies unless made in writing by an authorized representative of C3D.

The Site is available in English.

Usage of the Service

C3D offers the service of creating your design. You can use the services provided that you are of legal age to make a binding contract. In case you choose to work with our services, your information shall be kept on record for future services with C3D.

Ordering Process (Contracted, Cosplay, One-Time Designs)

The ordering process happens as follows: you fill out a contact form of the service you wish to have completed by C3D. The Contact Form (follow link). C3D will reply to you with an estimate for the service and an Agreement to Services Contract that underlines the responsibilities of both parties and a 50% down payment of the overall cost of the design. When the Agreement to Services Contract is signed and a 50% down payment is submitted, C3D will begin the design.

You must ensure that the information you submit in your order is accurate and complete to the best of your knowledge, otherwise there may be a delay in the design process. Should it not be the case, modifications will be allowed in so far it has been agreed by C3D in writing.

Once a design or service is complete, the digital design is saved in C3D Archive for any future services and the client (you) have a maximum of 30 days to pay the remaining 50% of the design order. All and any digital files created by C3D are Intellectual Property of C3D and therefore, property of C3D. All digital files can be purchased for ownership through a Digital File Ownership Contract.

Ordering Process (3D Print)

When you place an 3D print order, you make an offer to us to buy a product. After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us. If there is an inability to process orders, which you shall be informed at last within two working days after filing your order.

C3D may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, C3D will reimburse you all monies paid.

C3D acts according to its mission, which is to bring your designs to life. Therefore, C3D reserves the right to refuse at its own discretion and at all times an order that is in conflict with its mission and value statement. Creating firearms, their components, or any other prototype or model intended for the weapon industry, or models for which C3D has ethical concerns in general, may be rejected to be quoted or produced. C3D reserves the right to discontinue the execution process of those orders.

You expressly acknowledge that C3D is not in the position to act as a medical professional. The product that was ordered must not be used in any way for the diagnosis or treatment of disease or in surgery.

The prices, charged upon placement of the orders, are calculated based on building types with a certain attainable level of detail. Due to technical reasons, it may be impossible for certain models to be produced in the requested material-surface-color-quantity combination. In such cases, C3D undertakes best effort to contact you. In any case, C3D then reserves the right to either build the part with a different thickness and/or switch to another production technique, and apply any modification to the order (such as modification of price, of terms/term of delivery, …) resulting from such decision. C3D shall not share your design file with third parties, unless for production reasons.

C3D maintains records of orders and allow you to have access to it for an indefinite period. C3D recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.

Price – Payment

The price calculated by C3D contains the cost for the services rendered by C3D, the manufacturing of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by C3D, will be paid by you.

The price is calculated in DOLLAR. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognized by C3D. C3D remains the sole owner of physical or 3D printed products until their entire payment, transport and taxes included.

For design services an Agreement to Services Contract shall be signed. This document underlines the responsibilities of both parties and a 50% down payment of the overall cost of the design. When the Agreement to Services Contract is signed and 50% down payment and submitted, C3D will begin the service. Once a design or service is complete, the digital design is saved in C3D Archive for any future services and the client (you) have a maximum of 30 days to pay the remaining 50% of the design order

All and any digital files created by C3D are Intellectual Property of C3D and therefore, property of C3D. All digital files can be purchased for ownership through a Digital File Ownership Contract.

Separate parts of a quote can be invoiced separately. C3D reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid. C3D retains full legal title to products until it has received in full all amounts due on those products and payment on any other products that you have ordered.

Term of Delivery – Risk of Transport

The average time required to produce the model is about 14 working days. This is a preliminary indication, but does not bind C3D in any way. The actual delivery time is determined by a number of circumstances, for example (but not included to) working conditions applicable at the time the agreement is concluded, on the punctual delivery of the materials ordered by C3D for the execution of the order.

Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you.

C3D uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.

Inspection – Returns – Replacements – Refunds

As the products are made immediately on the basis of your specifications, there is no right to return or possibility for cancelling your order within a certain period of time.

Upon delivery of the final product, C3D expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest 14 days after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss C3D from any liability for the possible consequences of the usage of this product.

You should not return products without having received an explicit request from C3D to do so.

C3D reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of C3D vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of C3D, such as that for consequential loss, other indirect loss and loss as a result of third-party liability, is excluded.

Internet communications are capable of data corruption and therefore C3D does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it. C3D does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify C3D in writing that e-mail is not an acceptable means of communication.

Intellectual Property

C3D grants you a limited, non-exclusive license to generate quotes and place orders with C3D. C3D retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.

The Site contains names, which are trademarks and/or brand names of C3D. These marks and other C3D brand names may not be used without the written permission of C3D. The copyright in the content of the Site is owned by C3D. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of C3D or the identified owner of the information and content.

C3D provides a design service to users, which they use to design and sell products. C3D contractually prohibits its users from using the service to order and/or sell products that infringe third party intellectual property rights (including among others copyright, trademark, design and model, patent, trade dress and right of publicity, etc.). You are solely responsible for the content that you upload on the Site or send to C3D. By submitting an order to C3D, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting this order to C3D for production and commercial use (see the article re. the challenges) without any violation of any intellectual property rights. C3D will not claim any rights on your design, unless you contracted the design to be created by C3D. If the design you submit to C3D risks infringing the intellectual property rights of third parties, C3D reserves the right to either not produce the design or produce the design without the part that risks infringing the rights of third parties. Should your user generated content nevertheless be found to be infringing and/or in violation of any law, you will defend C3D against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by C3D with respect to such claims.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While C3D will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that C3D does not guarantee such events will not take place and that C3D will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold C3D harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

Challenges

By submitting an entry or contracting a service (which includes 3D file, pictures and text description, 3D printed or physical products) to C3D, you grant a non-exclusive, royalty free, unlimited in the time, worldwide license to C3D to display the design you submitted and/or a reproduction of this design for marketing purposes. C3D has the right to reproduce in 3D, to take photographs/pictures and reproduce the pictures of the design on any support (CD, DVD, internet, folder, etc.) for marketing purposes. C3D shall never reproduce the design for which you grant a license to C3D in order to sell it. By submitting your design to the challenge, you state that you are the sole creator of the model and that you do not infringe any copyright or any other intellectual property right (trademark, design and mode, patent, etc.) of a third party and/or that you obtained all the necessary permissions in order to duly allow such a license to C3D.

Limitation of Liability

The information and content provided on the Site and your access of the Site does not create any relationship between you and C3D.

ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. C3D DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

C3D SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE,  DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.

UNDER NO CIRCUMSTANCE CAN C3D BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS WHICH HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF C3D VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.

Data Protection and Privacy

By submitting orders:

·         you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms of C3D; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.

·         you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.

In certain circumstances C3D may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to C3D it shall also be regarded as “Personal Data”.

The Personal data are collected by C3D in order to:

·         fulfill its obligations under any sale and purchase contract and any other contract with you

·         ask your opinions on its products and services 

·         provide you with the latest products and services information

·         improve the products and services for you

C3D may share, make available or transmit Personal Data to other departments and divisions in C3D, and other C3D Companies within United States and overseas.

C3D will not disclose Personal Data to entities and persons, other than C3D, (“third parties”) without your consent, except in the cases below.

Personal Data may be disclosed to third parties to enable compliance with legal obligations to which C3D or its Affiliates are subject.

Personal Data may be disclosed to third parties to enable them to provide services for or on behalf of, or at the direction of, C3D or other C3D Companies. In such cases, C3D takes measures to ensure that the third parties comply with C3D’s privacy policy and that such recipients:

·         do not use Personal Data other than for the purposes permitted;

·         obtain and process Personal Data only on condition that they secure that Personal Data from unauthorized use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use; and

·         comply strictly with applicable laws.

For further information, please consult the Privacy policy (follow Link).

Governing Law, Jurisdiction

The sale of products and these terms shall be governed by and construed under the laws of the United States of America. All disputes will be submitted to the exclusive jurisdiction of the Courts of the United States of America.

Warranty (3D Printed Items)

C3D warrants that the contracted design (digital or physical) shall substantially meet the features of the ordered model within the limitations of the current 3D printing technology. C3D will decide solely about the building orientation of the model. A printed model cannot be refused because of the chosen printing orientation. Because of production reasons (different print orientation, composition of raw materials,…), there may be minor visual differences between multiple copies of one model.

C3D MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW. C3D HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

Other – General

No Waiver

No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.

Circumstances Beyond Our Reasonable Control

C3D will make every effort to perform its obligations under these terms. However, C3D is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of C3D – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfilment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, C3D will perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable.

If you have any questions or comments regarding the Site, please contact us by email at info (@) creative3dimensional.com.

Terms of Use of the Website

This website is the property of Creative 3 Dimensional.

Contact details :
Creative 3 Dimensional

Phone: +1 505 750 8676

By accessing and using the website you express your explicit agreement with the following general terms and conditions. C3D reserves the right to alter or delete material from the website at any time, and C3D may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on C3D website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of C3D and other policies.

Intellectual Property Rights

These website www.creative3dimensional.com, and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with C3D consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without C3D express consent.

All the trademarks used on the website are the property of their respective holders.

You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material.

Intellectual Property Policy

All and any digital files created by C3D are Intellectual Property of C3D and therefore, property of C3D. All digital files can be purchased for ownership through a Digital File Ownership Contract.

C3D encourages intellectual property rights owners to contact C3D if they believe that a user of the C3D service has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the C3D users, C3D will verify your claim and will (in its discretion) require that the user’s content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user’s access to our services.

If you believe that your intellectual property rights have been infringed by a user of the C3D service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
  2. Identification of the copyright, trademark or other rights that have been allegedly infringed.
  3. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
  4. Your name, address, telephone number and email address.
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

User Contributed Content/Comments

You are solely responsible for the content that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with or allow to be shared with other users (collectively the “User Content”). You may not post, transmit, share or allow to be shared User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that C3D may, but is not obligated to, review the Site and that C3D may delete or remove (without notice) any Site content or User Content.

C3D will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person’s copyrighted work.

You acknowledge that by sending to the Site and C3D any information or material, in whatever form, you grant to C3D and to any visitor of the Site a nonexclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While C3D will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that C3D does not guarantee such events will not take place and that C3D will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold C3D harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

LEGAL DISCLAIMER

C3D provides users with a set of complete e-commerce tools needed to create, order and/or sell a wide variety of products featuring their ideas and designs, and ability to formulate comments on the C3D blogs.

Therefore, the content of C3D is partly created by users of service, offered by C3D, and the hosting of the content by C3D does not in any way reflect the opinions and views of C3D.

The information specified on this website is only intended for general information purposes.

Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website.

The information provided on this website may not be considered as legal or other professional advice. Accordingly, no actions should be taken based on this information without prior expert advice.

Although C3D aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, C3D cannot guarantee that this information is exact, complete and correct. C3D further assumes no liability or responsibility for any errors or omissions in the content of the website.

The use of the website is at your own risk. Neither C3D nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. C3D makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free.

Without limiting the foregoing, everything on the website is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Hyperlinks

From our website, you can visit other websites by following hyperlinks to these sites. While C3D strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. C3D therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website.

C3D reserves the right to alter or delete material from the website at any time, and C3D may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on C3D website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of C3D and other policies.

 

© 2018 Creative 3 Dimenisonal, LLC. All Rights Reserved

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