PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this website (“Site”) agree that access to and use of the Site are subject to the following terms and conditions (the “Terms”) and other applicable law. If you do not agree to these terms and conditions, please do not use the Site. Access to and use of the Site are subject to the Terms, which is a binding contract between you and 3D Systems, Inc. ("3D Systems" or "we"), the parent company of Gentle Giant Ltd and the 3D Studio. If you access or use this Site, you hereby accept all terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, do not access or use this Site.
SECTION A - USE OF OUR SITE
1. You agree to use the Site in a legal and ethical manner at all times. You agree not to use, copy, modify, distribute, republish, reverse engineer, display, decompile, mirror, translate, disassemble, or transmit any of the Digital Content (as defined below) or other materials on this Site without our express written permission.
2. The Site contains copyrighted materials of 3D Systems, as well as licensed content from third parties. The distinctive and original layout, design, text, graphics, code, and presentation of this Site constitute protectable trade dress of 3D Systems under applicable federal law and is copyrighted as a collective work, which may include works that are licensed to 3D Systems, under the United States and other copyright laws, and is the property of 3D Systems. In addition, trademarks, service marks and trade names belonging to 3D Systems appear throughout the Site and are trademarks or registered trademarks of 3D Systems. ALL RIGHTS RESERVED.
3. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property rights belonging to 3D Systems or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by 3D Systems. You further agree not to change or delete any proprietary notices from Digital Content downloaded from or purchased through the Site.
4. You agree to comply with domestic, foreign and international laws, statutes, ordinances, and regulations applicable to your use of this Site. You also agree to follow any other guidelines or rules provided or posted on this Site.
SECTION B – PURCHASERS OF PHYSICAL OBJECTS
1. The Site has available for sale, limited edition collectibles and other physical objects.
2. [Terms and Conditions for sale – payment, shipping terms, return policy, warranty, etc.?]
3. [Description of Collector’s Club and/or Premiere Guild]
SECTION C – MEMBER SELLERS AND BUYERS OF DIGITAL CONTENT
1. Before any person or entity may upload or download any Digital Content to or from this Site or use the Digital Content Affiliate Referral Program, that person or entity is required to become a Member (“Member”) of the Site. Membership is free.
2. All 3D models and other intangible products available on the Site and any other material you may upload or post to the Site are referred to as Digital Content, and include, but are not limited to, computer files, models, and other intangible items, but does not include collectible or other physical objects provided by 3D Systems.
3. 3D Systems may, in its discretion, review Digital Content prior to making Member’s Digital Content publicly available.
4. Members who upload and/or license Digital Content will be referred to as Member Sellers.
5. Members who download and/or receive a license to Digital Content will be referred to as Member Buyers.
6. Members who participate in the Digital Content Affiliate Referral Program will be referred to as Member Affiliates. For the avoidance of doubt, the Digital Content Affiliate Referral Program does not include, or relate to, the collectibles and other physical objects available on the Site.
SECTION C – INFORMATION PRIMARILY FOR MEMBER SELLERS OF 3D MODELS
1. Members may only upload Digital Content they own or otherwise have the right to use and upload. 3D Systems does not, and will not, own any Digital Content uploaded by Members.
2. If you upload Digital Content, you represent that the Digital Content and use of the Digital Content permitted by these Terms does not infringe the intellectual property rights of any other party. You also represent that you have obtained all necessary model or property releases for use and licensing of the Digital Content. See a sample Model Release here.
3. All Members should consult their own legal advisors to determine whether a particular Model or Property Release Form is suitable or necessary for uploading particular Digital Content or for a particular use of Digital Content, or whether such use is a fair use. Member Sellers should understand that licenses of Digital Content without a release attached may be negatively impacted if a release is deemed necessary by a Member Buyer or their legal advisor.
4. Members may not upload or otherwise make available Digital Content that could constitute, or encourage conduct that would be considered, a violation of any international or domestic law, statute, ordinance, or regulation or that could be used to fabricate operable guns, gun components, gun accessories, or other weapons. Digital Content cannot be unlawful, threatening, defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
5. Members should keep a backup of their own files at all times. Members’ files on 3D Systems websites cannot be used as a backup source.
6. Member Buyers may download and use Digital Content as stated in these Terms after they pay the license price specified for that Digital Content.
7. Member Sellers may require that certain Digital Content be used for "Editorial Use Only" and may seek to limit any Member Buyer’s use of such Digital Content for such editorial uses. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc.
8. For any Digital Content you submit to 3D Systems as a Member Seller, you grant, and represent that you have the authority to grant, to 3D Systems a non-exclusive, worldwide, royalty-free, license in any medium, to: o Sublicense the Digital Content to Member Buyers and to publicly display and distribute the Digital Content as contemplated by these Terms; o Create and use samples of the Digital Content for advertising purposes, in 3D Systems’ sole discretion, without compensation to the Member Seller; o Use any trademarks, service marks or trade names or copyrighted material incorporated in the Digital Content; and o Use the name and likeness of any individuals or properties represented in the Digital Content.
9. Member Sellers receive royalties for their Digital Content downloaded by Member Buyers. Information on royalties and payment options can be found here.
10. Member Sellers may only sell Digital Content from one Member account / login.
11. It is the sole responsibility of each Member Seller to ensure that their member profile includes up-to-date and accurate information allowing for payment by 3D Systems. If the information is incorrect or inaccurate, payments may be delayed or you might not receive payments. If you are owed any royalty payments, we will attempt to transmit the payment to you using the contact information supplied by you in your Member Account Information. We will attempt to contact you for a period of three (3) years starting from the date the royalty is earned. If we are unable to process your royalty payment within the three (3) year period, you will forfeit any payment owed to you.
SECTION D – INFORMATION PRIMARILY FOR MEMBER BUYERS OF 3D MODELS
1. If you download Digital Content, you may not use the Digital Content in a manner that infringes the intellectual property rights of any other party. You may not reverse engineer any Digital Content. You must abide by the terms of the license granted to you under these Terms.
2. Following your payment of any applicable license fee for any Digital Content, you may download the Digital Content and use it as described below. Your license to use the Digital Content is non-exclusive and is granted only to you as the original Member Buyer. You may only incorporate the Digital Content into a separate work or product such as advertisements, film, television, print, or software, physical objects, or the creation of derivatives based upon or using the Digital Content.
3. Digital Content downloaded at no charge from 3D Systems (free) may be used only for personal non-commercial applications. Commercial-use licenses are only granted for priced (purchased) Digital Content.
4. Certain Digital Content with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for non-editorial use. It is the sole responsibility of the Member Buyer and their legal advisor to determine, before purchasing, downloading or using any Digital Content, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Digital Content. It is the Member Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Member Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Digital Content if the intended use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
5. Licenses are non-transferrable. Member Buyers receive only a license to Digital Content and do not own any Digital Content. Digital Content may not be sold, given, or assigned to another person or entity in the form it is downloaded from 3D Systems. If additional terms and conditions are contained in a Digital Content description or in a downloadable preview file, those additional terms and conditions apply to the Digital Content.
6. If you use any Digital Content in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Digital Content. Methods of safeguarding the Digital Content include but are not limited to: o Using a proprietary disc format such as Xbox 360, Playstation 3, etc. o Using a proprietary Digital Content format. o Using a proprietary and/or password protected database or resource file that stores the Digital Content data. o Encrypting the Digital Content data.
7. Digital Content returned to 3D Systems for refund, which may be refunded only in 3D Systems’ sole discretion, must be destroyed by the Member Buyer. The license to use any Digital Content is revoked at the time Digital Content is returned.
8. Digital Content obtained by means of theft or fraudulent activity of any kind is not granted a license.
SECTION E – INFORMATION PRIMARILY FOR MEMBER AFFILIATES
1. Member Affiliates are granted a revocable, non-exclusive, worldwide, royalty-free license to use links to the Site for the purposes of facilitating referrals to the Site. Member Affiliates are not granted any rights to any intellectual property, technical specifications, guidelines or graphical artwork, or to 3D Systems trademarks, copyrights, or domain names. Examples of acceptable usage of the referral links include but are not limited to: email signatures, blog posts and signatures, forum posts and signatures, display on websites, social networking sites, newspaper or magazine articles or other printed media.
2. To permit accurate tracking, reporting, and referral fee accrual, 3D Systems will provide Member Affiliates with special "tagged" link formats to be used for referral purposes. It is the responsibility of each Member Affiliate to ensure they use the correct link format and that their links function properly. 3D Systems cannot pay referral fees if the Member Affiliate does not use the correct link that allows us to track the referrals.
4. Referral fees for Member Affiliates are further described in the Member Affiliate Policy. These additional Member Affiliate Program terms are incorporated with this reference into your Terms with 3D Systems.
5. Member Affiliates cannot earn referral fees by referring themselves or members of their household. More than one account using the same computer IP address, billing address, payment address, email address, or other similar information will be considered the same household.
6. Member Affiliates cannot earn referral fees if the referred person or entity is a current or past Member of the Site.
7. Referral fees are earned only on eligible Digital Content after Member Buyer's transaction is completed and payment has been received. Products listed in the Software and Plugins categories are not eligible for referral fees.
SECTION F – GENERAL INFORMATION
1. You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.
2. Members agree to register using a valid email address they are entitled to use that is not hosted by any temporary email service.
3. You may not use the Site to solicit others to join or become members of any other commercial online service or other organization.
4. Although 3D Systems is not obligated to monitor content or accuracy of information on the Site, we retain the right, in our sole and absolute discretion, to monitor, edit, prohibit, or remove any Digital Content, at any time, without notice, for any reason.
5. Because Digital Content is delivered via the Internet, there may be some circumstances where the delivery of Digital Content is delayed. In no event will 3D Systems be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond 3D Systems’ reasonable control.
6. 3D Systems may terminate or deactivate the Membership of any person or entity for any reason at any time without notice.
7. Changes to these Terms become effective for existing Members at the time an updated version is published on this Site. Notice of material changes will be posted in the "Profile" section of each Member account for a minimum of 45 days. By accessing or using this Site after such changes are posted, you agree and consent to all such changes.
SECTION G – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
1. NOTICE. If you are a copyright owner or an agent thereof and believe that any Digital Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit 3D Systems to locate the material; o Information reasonably sufficient to permit 3D Systems to contact you, such as an address, telephone number, and, email address; o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and o 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 an exclusive right that is allegedly infringed. 3D Systems’ designated Copyright Agent to receive notifications of claimed infringement is [TITLE], [BURBANK ADDRESS], email: _________, fax: ___________. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 3D Systems’ customer service through [EMAIL]. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
2. COUNTER-NOTICE. If you believe that your Digital Content that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the material in your Digital Content, you may send a counter-notice containing the following information to the 3D Systems’ designated Copyright Agent: o Your physical or electronic signature; o Identification of the Digital Content that has been removed and the location at which the Digital Content appeared before it was removed or disabled; o Information reasonably sufficient to permit 3D Systems to contact you, such as an address, telephone number, and email address; o A statement under penalty of perjury by you that you have a good faith belief that the Digital Content was removed or disabled as a result of mistake or a misidentification of the Digital Content; and o A statement that you consent to the jurisdiction of the federal for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue. If a counter-notice is received by our Copyright Agent, 3D Systems may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Digital Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Digital Content provider, member or user, the removed Digital Content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at 3D Systems’ sole discretion.
3. REPEAT INFRINGERS. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Members who are repeat infringers of copyrights or other proprietary rights.
SECTION H – LEGAL TERMS AND CONDITIONS This section contains important information that you should read carefully. Because we cannot guarantee problem-free Digital Content, collectibles, or other physical items, our liability to you is limited, as described below. You are also agreeing to indemnify us relating to Digital Content you may upload. We cannot provide a warranty for the Digital Content hosted on the Site - it is provided on an 'as is' basis, as described below.
You will indemnify, defend and hold harmless 3D Systems, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees, related to or arising from your violation of these Terms, your use or misuse of the Site or Digital Content, or any infringement of any intellectual property rights or other right as a result of the of Digital Content or your use or provision of the Digital Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses. No Liability IN NO EVENT SHALL 3D SYSTEMS OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, PARTNERS, REPRESENTATIVES, AGENTS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS SITE OR ANY LINKED WEBSITE OR TO ANY DIGITAL CONTENT OR OTHER MATERIAL OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT YOUR INABILITY TO USE THIS SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS ON THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 3D SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you. No Warranty The Site is only a forum. 3D Systems has no control over the quality or legality of any Digital Content on this Site or the accuracy of any related information. It is your full responsibility to ensure the quality and legality of any Digital Content and its use. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any Digital Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site. 3D Systems’ sole obligation relating to Digital Content is to permit Member Buyers to download Digital Content (as uploaded by Member Seller) upon payment in full of any fee set by Member Seller. 3D Systems makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed. THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED BY 3D SYSTEMS ON AN “AS IS” BASIS. 3D SYSTEMS MAKES NO WARRANTIES WITH RESPECT TO THIS SITE, AND DISCLAIMS ALL APPLICABLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR THE SITE AND ALL DIGITAL CONTENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. 3D SYSTEMS MAKES NO WARRANTY OR REPRESENTATION REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR USE OF MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS SITE. 3D SYSTEMS DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS SITE OR ANY DIGITAL CONTENT OR OTHER MATERIAL AND PRODUCTS, OBTAINED THROUGH USE OF THIS SITE OR (2) THAT USE OF THIS SITE OR ANY DIGITAL CONTENT ON THIS SITE WILL MEET ANY REQUIREMENT, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. 3D SYSTEMS SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. You acknowledge and agree that (1) your use of this Site and Digital Content is at your own discretion and risk, and (2) you are solely responsible for any damage that results from the download and use of any Digital Content. 3D Systems is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Digital Content obtained from this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Digital Content posted or exchanged on this Site. 3D Systems does not warrant or guarantee that Digital Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. No advice or information, whether oral or written, obtained by you from 3D Systems or in any manner from this Site shall create any warranty. Term and Termination These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by 3D Systems without notice at any time, for any reason. The provisions relating to licensing, limitation of liability, indemnification, and miscellaneous shall survive any termination. Notice 3D Systems may deliver notice to you by means of email, a general notice on the Site, or by other reliable method to the address you have provided to 3D Systems. Third-Party Websites This Site may link to, or be linked to, other websites not maintained by or related to 3D Systems. These links are provided only as a service to our users and Members. 3D Systems is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked or linking website. 3D Systems has not reviewed all third party websites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or websites it is at your own risk. Participation Disclaimer 3D Systems may not review all Digital Content posted to or created by users accessing the Site, and 3D Systems is not in any manner responsible for the content of these materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, 3D Systems is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, 3D Systems reserves the right to block or remove materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, (d) illegal, or (e) offensive or otherwise unacceptable to 3D Systems in its sole discretion. Dispute Resolution Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of 3D Systems products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of 3D Systems products) must be commenced within one (1) year after the claim or cause of action arises. 3D Systems’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. 3D Systems may assign its rights and duties under these Terms to any party at any time without notice to you. Miscellaneous In the event that a 3D Systems collectible or other physical item is mistakenly listed at an incorrect price, 3D Systems reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. 3D Systems reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, 3D Systems shall issue a credit to your credit card account in the amount of the incorrect price. All payments relating to the Site shall be made in US dollars. If any provision of these Terms is held invalid, void, or for any reason unenforceable, that provision shall be severed from these Terms and the remaining condition will remain in force to the fullest extent provided by law. Any amendments or waiver of any portion of these Terms will be effective only if in writing and signed by an authorized officer of 3D Systems. This is the entire agreement applicable to Digital Content and your use of the Site. No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.