TERMS OF USE SIMPL3D

SIMPL3D – SYNOPSIS OF TERMS OF SERVICE SIMPL3D PLATFORM

Last updated: 13-07-2016

This is a summary of the Simpl3D ToS ("ToS") which govern your use of Simpl3D’s services through its platform www.simpl3d.com ("Platform").

This summary is for ease of reference only.

  1. Applicability and Services. By using our Services, you accept the applicability of our ToS.Our Services enable you to create 3D designs and generate 3D print files easily. If you choose to print a design through our app or platform, you will enter into an agreement with one of our Print Partners and the terms and conditions of such Print Partner may apply to their services. (read more…)

  2. Costs and Payment. Our Services Access to our Platform is free of charge. We will only charge fees for our services in case a user purchases a download or conversion of a Design through our Platform. (read more…)

  3. Refund policy. Please be aware that for the type of services and products we offer, a ‘cooling off’ period does not apply. Products or services purchased on our Platform are therefore NOT refundable, even if they are unused. (read more…)

  4. Intellectual Property Rights and Licenses. All Intellectual Property rights regarding the Platform and predefined designs vest in Simpl3D or its licensors. You remain the owner or the licensee of all intellectual property rights relating to your Design. By making a Design available to our Platform you grant us a license for the provision of our services under these ToS. (read more…)

  5. No reliance on information. Please note that, for various reasons, we cannot guarantee that Designs will be printed or function as intended, since e.g. several users may contribute to a Design, Designs may not be tested properly, printers and their settings may vary, etc. We will therefore not be responsible, or liable to any third party, for the content or accuracy of any Design made by you or any other user of our Platform. (read more…)

  6. Availability, Use and Restrictions. We do not guarantee that our Platform will always be available or uninterrupted. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period. Copying of (any portion of) the Platform is prohibited. (read more…)

  7. Liability, warranties and damages. The Platform is provided "as-is". Simpl3D shall not be liable to you or third parties for any consequential losses or damages resulting from any use of the Platform or other services we provide. (read more…)

  8. Infringement, Security and data storage. If you believe that your work has been used, copied, distributed or disclosed through our Platform in a way that constitutes an infringement of your rights, please provide us with an infringement notice. You as a user of our Platform, are responsible for your own use of the Services and for the use of your username and password and it is your own responsibility to maintain a backup of files designed through our Service. (read more…)

  9. Privacy. We will not sell any non-public personal information to third parties. If you wish to use the Print Services, we will only share the information with the Print Partner selected by you in so far as that is necessary to enable the Print Partner to perform the Print Services. (read more…)

  10. Termination and Governing law. Access to our Platform will end if you or we terminate for convenience upon one month prior notice or if any of us is in material breach. The use of the Platform is construed in accordance with and shall be governed exclusively by the laws of the Netherlands. (read more…)

 

TERMS OF SERVICE SIMPL3D PLATFORM

Simpl3D is a platform operated by Genicap 3D Printing Solutions B.V.("we"). We are a private company with limited liability registered in The Netherlands under company number 62479687 and have our registered office in Tilburg, The Netherlands. Our principal place of business is in Tilburg, The Netherlands. Our VAT number is NL8548.34.941.B01.

These Terms of Service (“ToS”) governing the use of our Platform. The user of the Platform (‘you’) is permitted to access and use the Platform and other services subject to the following terms and conditions only. You can find the Terms of Use which govern your use of our online application (App) here.

Applicability

  1. These ToS (together with the documents referred to in it) tell you the terms of service on which you may make use of our sharing platform accessible through www.simpl3D.com, ("Platform"), whether as a guest or a registered user. Use of our Platform includes, but is not limited to, accessing, browsing, or registering to use our Platform.

  2. Please read these ToS carefully before you start to use our Platform as these will apply to your use of our services. We recommend that you save or print a copy of this for future reference.

  3. By using our Platform, you confirm that you accept these ToS and that you agree to comply with them. If you do not agree to these ToS, you must not use our Platform.

Services

  1. Our Platform and our App enables you to save, add, post, submit, link or upload content, including digital 3D-files (hereinafter: "Design"), to our Platform and to make contact with other users.

  2. Our platform and App users may have access to the Designs of other users, under the terms and conditions of the ToS.

  3. You can use our Platform to have any Design printed directly by one of our 3D print partners (“Print Partners”). These print services carried out by our Print Partner(s) are hereinafter referred to as “Print Services”. These ToS are not applicable to the use of the Print Services. Our Print Partners use their own Terms of Service for such Print Services

  4. You can use our Platform to download any Design for use in our App or to convert any Design file directly into another format so you can print the Design yourself, or to have a third party print it for you.

  5. You are responsible for making all arrangements necessary for you to have access to our Platform. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these ToS and other applicable terms and conditions, and that they comply with them.

Costs and payment

  1. Access to our Platform is free of charge. We will only charge fees for our services in case a user purchases a download or conversion of a Design through our Platform. Any user can either purchases a Designs by downloading the digital file or by ordering a printed version of the Design.
  2. Prices for our services are subject to change without notice.

  3. 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.

Refund policy - no cooling off period

  1. All Designs you can purchase on our Platform are either (downloadable) digital content or goods made to order or clearly personalised. For these type of products a ‘cooling off’ period does not apply. Products or services purchased on our Platform are therefore NOT refundable, even if they are unused.

  2. If you purchased a Design through our Platform by ordering a printed version of the Design, the respective Print Partner is responsible for the quality of the printed Design. If you are not satisfied with the quality of the printed products you order from our Print Partner, please check the refund policy of our Print Partner.

Your account and password

  1. If you choose a username and password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

  2. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these ToS.

  3. You are responsible for the access of, and maintenance of all equipment used in conjunction with the terms of service. This includes all computers, software, and any communication equipment used for our services.

Our Intellectual Property Rights

  1. We and our licensors own all right, title, and interest (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Platform, App and our services and any technical requirements and end-user documentation made available to you by us and any content (excluding your Designs) provided by us (not other users) and used in connection with, or generated by, the Platform.

  2. We reserve all rights not expressly granted to you in these ToS. We retain title and interest in and to any and all existing and future intellectual property rights and all rights related to it, including the licensed intellectual property rights with regard to the App and Platform. We may also license rights owned by third parties with whom we have agreements.

  3. We hereby grant to you and you accept a nonexclusive license to use the Platform (“License”). You have only the limited rights to use the Platform as are expressly granted to you under this ToS and no other rights are granted or conveyed, or will be deemed to be granted conveyed, whether by implication, estoppel, or otherwise.

  4. The License is effective upon your clicking the "Accept" button. We may terminate the License upon the breach by you of any term hereof. We are entitled to terminate the License without prior notice at any time and without cause.

  5. Upon any termination you will no longer be permitted to use the Platform. All licenses granted hereunder will terminate.

  6. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under the License.

Your Designs, Intellectual Property Rights and licenses

  1. Whenever you make use of a feature of our Platform that allows you to save, add, post, submit, link or upload any Design or to make contact with other users to our Platform, you warrant and represent that that you are legally entitled to make such use of the content in your Design and your Design does not violate any third party rights, in particular intellectual property and privacy rights.

  2. You remain the owner or the licensee of all intellectual property rights relating to your Design. By making a Design available to our Platform you grant us a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to use, copy, distribute and disclose to third parties any such Design for the provision of our services under these ToS, including the right to:

    1. display your Designs on our Platform and to generate and display 3D renders of your Designs;
    2. make your Design available for download to other users on our platform;
    3. use or allow Print Partners to use your Designs for the manufacturing/printing of your designs in order to fulfil your print order or print orders from other users;
    4. allow other users to use your Designs and to modify you Design and to create derivative works;
    5. allow users to convert the format of your Design into another format; and
    6. use the Designs as necessary for the operation and maintenance of the Platform.
  3. By removing your Designs from the Platform, you terminate all licenses granted to us to such Design under these ToS. All sublicenses given to third parties will remain in effect.

  4. We have no obligation to review the Designs and can in no way be held responsible for the Designs. You agree that we shall under no circumstances be liable for indirect, special and/or consequential damages, costs and expenses, howsoever occurred.

  5. If you download a Design from our Platform, you are allowed to use the Design in order to print the file or to have it print by a third party. You may also modify the Design and create derivative works from it.

  6. If another user has modified your Design in such way that an derivative work is created, this new work could be protected by copyright or any other (intellectual property) right. These rights shall be held by the party who created this derivative work and you remain the owner of all rights relating to the original Design.

  7. We have the right to disclose your identity to any third party when we receive a formal written complaint stating that any Design uploaded by you to our Platform constitutes a violation of its rights, in particular intellectual property or privacy rights, or if otherwise legally required to our opinion.

  8. We have the right to remove any Design from our Platform if that Design is a violation of third party rights, in particular intellectual property or privacy rights, or does otherwise not comply with applicable laws or regulations. We reserve the right to remove or disable access to any Design at any time without giving you (prior) notice. You shall all times maintain your own (converted) copy of Designs uploaded through our Platform.

  9. The views expressed by other users on our Platform do not represent our views or values.

No reliance on information

  1. We will not be responsible, or liable to any third party, for the content or accuracy of any Design made by you or any other user of our Platform.

  2. The content accessible via our Platform is provided for general information only. For various reasons we cannot guarantee that Designs will be printed or function as intended, since e.g. several users may contribute to a Design, Designs may not be tested properly, printers and their settings may vary, etc.

  3. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content related to our Platform is accurate, complete or up-to-date. Please note that the Designs are suitable only for decorative purposes and not for any other purpose.

Availability, use and restrictions on the Platform

  1. We do not guarantee that our Platform will always be available or uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.

  2. We maintain the right to revise or discontinue any facet of the Platform. This includes, but is not limited to, hours of operation, functionality and pricing for (the use of) the Platform.

  3. We reserve the right to limit the availability of the Platform, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction we choose, at any time and in our sole discretion.

  4. We reserve the right to change these ToS, as we feel necessary. Any use of the Platform by you after notification serves as acceptance of ToS changes.

  5. The Platform and the App are the valuable, patented and trade secret property of Simpl3D or third parties that have contributed thereto. Copying of (any portion of) the Platform or App is prohibited.

  6. In accessing or using the Platform, you agree not to (or permit anyone else to) do or attempt any of the following:

    1. Use, distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Platform for any commercial purpose;
    2. remove or alter, any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
    3. modify, translate, adapt, arrange, or create derivative works of the Platform, except as permitted in these ToS;
    4. decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the Platform;
    5. interfere with, damage, or disrupt the operation or any security-related features of the Platform, gain unauthorized access, or restrict or inhibit use by others;
    6. use any robot, spider, or other system, device or mechanism to access the Platform likely to disrupt or disable or destroy the Platform or any designs of our users;
    7. frame or mirror any part of the Platform or create a competitive business to the Platform;
    8. collect or store personal information about any person or entity in violation of these ToS;
    9. advertise, promote or solicit any goods or services for any commercial purpose except as expressly authorized by us or expressly permitted by these ToS;
  7. We have no obligation to monitor the Platform and/or Designs designed and stored by you or any use thereof by you or retain the Designs of your user session.

  8. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Liability, warranties and damages

  1. Nothing in these ToS excludes or limits our liability arising from our gross negligence or wilful intent or any other liability that cannot be excluded or limited by Dutch law.

  2. You are responsible for your use of the Platform, for any Designs you post and create using our services, the Print Services and for any consequences thereof.

  3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.

  4. To the extent permitted by law, we exclude all warranties or other terms which may apply to our Platform, services or any content on it, whether express or implied.

  5. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our Platform; or
    • use of or reliance on any content displayed on our Platform or in connection with our services.
  1. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any website linked to it.

  2. Our Platform contain Designs, links to other websites and other resources provided by third parties. We have no control over the contents of the Designs, websites or resources. We assume no responsibility for the Designs made by users or content of websites linked on our Platform. Such Designs or links should not be interpreted as endorsement by us of those Designs or linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  3. The Designs are provided as-is. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Designs, or for any other materials, products, or services of third-parties.

  4. We are not liable for any harm or damages related to the purchase or use of Designs, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies, including those from our Print Partners, 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.

  5. You agree to indemnify and hold us and our affiliates and employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these ToS.

Infringement

  1. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through our Platform in a way that constitutes an infringement of your rights, in particular copyright, trademark or other intellectual property rights or privacy rights, please provide us with an infringement notice (“Notice”) which should include the following written information:

    1. a statement that you have identified a Design or other material on the Platform which infringes your copyright or other intellectual property rights;
    2. identification of the Design or other material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
    3. your full name, email address, postal address and telephone number on which you can be contacted;
    4. a statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
    5. a statement by you that you have a good-faith belief that use of the Designs or other material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;
    6. physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed
  2. For notice of claims of infringement on or regarding the Platform, you can reach us at: legal@Simpl3D.com.

Security and data storage

  1. You are responsible for your own use of the Platform. You will at all times be responsible for the use of your username and password and backup of your data.

  2. Information provided by you is stored on servers owned and maintained by us. The Platform operates under security protocols to protect your information.

  3. You shall all times maintain your own copy of your Design designed, uploaded, shared through our Platform.

Privacy policy notification

  1. We use information held about you in the following ways:

  • Information you give to us. We will use this information:
    • to provide you with the services, including Print Services, that you request from us and to carry out our obligations arising from any contracts entered into between you and us;
    • to notify you about changes to our services;
    • to ensure that content from our Platform is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
    • to make suggestions and recommendations to you and other users of our Platform about knowledge that may interest you or them;
    • to administer our platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve our platform to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our services, when you choose to do so;
    • as part of our efforts to keep our Platform safe and secure;
  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
  1. We do not sell any personal information to third parties.

  2. By clicking the "Accept" button, you agree that this acts as receipt of notice of our privacy policy that is available for viewing on our website and you understand that through your use of our Platform you consent to the collection and use of this information.

  3. We reserve the right to periodically change the privacy policy. Such changes will be placed on our web site, and you agree to assume responsibility to regularly review any and all privacy notices posted there.

Termination

  1. Access to our Platform will end if you or we (i) terminate for convenience upon one month prior notice or (ii) you or we are in material breach of any of its terms and if the breach is not remedied within a reasonable period after written notice of it has been given to the party in breach.

Governing law and competent court

  1. These ToS and our agreement with you is construed in accordance with and shall be exclusively governed by the laws of the Netherlands.

  2. Any and all disputes that may arise under or in connection with our agreement with you and or these ToS shall be exclusively referred to the competent court in Amsterdam, the Netherlands, unless mandatory laws designate another court.

 

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