JOOM3D Terms and Conditions
JOOM3D.COM –"The Place To Be for 3D™"
TERMS AND CONDITIONS
(Last updated: September 2015)
The following are terms and conditions of a legal agreement between you and JOOM3D.COM™, JOOM3D.COM Technologies Inc. and its affiliates (collectively, "JOOM3D.COM", "we", "us" or "our"). These terms and conditions govern your use of the services we offer ("JOOM3D.COM Services" or "Site Services") and the use of www.JOOM3D.COM (the "JOOM3D.COM Website" or "the Site, or "Website").
By using the JOOM3D.COM Website, you acknowledge to have read, understood and agree to be bound by these "Terms and Conditions" and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the Site Services and Website.
The JOOM3D.COM Services are made up of the many diverse services provided through the Site. One of the Services enables you to upload virtually any 3D file to the Site and view it in 3D.
After registration on the Site, any User can upload any file that they have created, either for private storage, or to make it available for other Site Qualified Users (Designers) to download and/or modify. Users can also upload files representing 3D objects such as machine parts and components that have been created by rendering with a 3D scanner. The great synergy of the Site occurs when Designers from all over the world are free to build on each other's work.
The Site offers millions of user generated, and 3D Scanned designs in thousands of different user-generated categories available for instant download for free, or for a very small charge. If you want to "print out" or "actualize" a particular 3D model, you can download it to the electronic device of your choice and then send it to your own 3D Printer/Additive Manufacturing Facility. Or, if you are not yet an owner of such a device, you can, for an additional charge, forward it to a third party to have it manufactured for you. The site offers you a utility that allows you to locate the 3D Printer that is closest to your location.
Further, JOOM3D.COM offers other services and community features through the Site including user Forums, Blogs, Tutorials, Webinars etc. where you can get in touch with other users, learn about various aspects of the 3D world and share your designs and experiences.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use JOOM3D.COM only with involvement of a parent, guardian or authorized teacher/instructor. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
1) Manufacturability of Models
This is a User Generated Site. If a model is available through the Site, the basic assumption is that it can be produced and then used for the intended purpose. However, since the Site does not check each design for consistency, accuracy or manufacturability, there may be some designs that contain errors that make them unsuitable for the intended purpose. All sales are final. Each user understands that when pressing the "download" button for a particular design, they are accepting the file "as is." The Site takes absolutely no responsibility for omissions or errors in user generated designs that may make them unsuitable, defective or unusable. Users downloading 3D Designs intended to be manufactured into components for various applications are advised to seek the advice of qualified technical professionals to assure that the components will perform as intended and will be able to withstand the operational stresses placed on them during the intended application(s).
The Site holds absolutely no responsibility for the uses, intended or not, that downloaded and manufactured designs are put to. Such uses, and all the subsequent consequences arising therefrom, are entirely the responsibility of the person who downloaded and then manufactured the design.
3) Prices for Designs
The prices displayed for each design are only indications and are valid only for the moment that they are displayed. JOOM3D.COM reserves the right to change prices for user uploaded designs without prior notice.
4) Payment and Price
The amount indicated for each design includes the fee for use of the Site. All prices are indicated in either U.S. dollars (USD) or Euro (EUR). If you do not pay in USD or EUR, the currency conversion will be handled by our payment service provider.
You can initiate your payment for your order via PayPal.com or bank transfer. If you chose to pay using PayPal you will be directed to the PayPal.com website. In case you chose to pay by bank transfer you will receive the payment instructions via email from JOOM3D.COM after confirmation of your order.
The minimum payment to buy credit on the Site is $1. One Site Credit is equal to $0.01. Each time a user downloads a design from the site, they will have their credit reduced by an amount corresponding to the cost of the desired design. When the user's credit falls to zero, they will be asked to buy new credits using the PayPal service.
Each time a user's design is downloaded, their account will be credited with eighty percent (80%) of the income generated by the sale. When a user's account reaches a minimum of One Thousand (1000) Credits, this can be exchanged for dollar currency using the user's PayPal account.
Each user's account will contain a full accounting of all of their status on the Site, design uploads, views, downloads and financial transactions.
Each downloaded design is accepted "as is" and all sales are final. By pressing the "Download" button, the user is accepting all of the terms and conditions associated with the use of the Site.
JOOM3D.COM warrants only that the model manufactured by you will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. JOOM3D.COM does not give any warranty about the models and designs and does not guarantee that the model will be fit for any particular purposes.
JOOM3D.COM provides the Website and the Services "as is" and "as available". JOOM3D.COM does not warrant that the use of the Website and the Services will be uninterrupted or error free.
JOOM3D.COM MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, JOOM3D.COM HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE NOTE THAT THE MATERIALS USED FOR MANUFACTURING THE MODELS MAY MAKE THE MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY MAY NOT BE SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN, EXCEPT AFTER EXAMINATION AND APPROVAL BY A LICENSED PROFESSIONAL ENGINEER AND/OR A CERTIFIED CONSUMER PRODUCT SAFETY EXPERT. DEPENDING ON THE MATERIAL USED FOR THEIR MANUFACTURE, IN GENERAL, THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
Use of the JOOM3D.COM Website
Copyright and all other proprietary rights in the content of the Site (including but not limited to 3D designs, software, audio, video, text and photographs and excluding all User Generated Content) rests with JOOM3D.COM or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Site may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of JOOM3D.COM is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Site may provide links to other websites that are not under the control of JOOM3D.COM. The Site shall not be responsible in any way for the content of such other websites. JOOM3D.COM provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by JOOM3D.COM of the content of such websites.
Since the JOOM3D.COM Service is an Internet-based service, it might be subject to temporary downtime. From time to time it is necessary to update the Site, which will result in the Site not being available for a certain period of time. Every effort is made to ensure that the Site operates reliably and consistently, but no warranty is made that the Site will operate uninterrupted without any faults. The Site assumes no responsibility for any losses suffered by you as a result of any interruption of the Site or suspension of your access to the services provided by the Site.
User Generated Content
The term "User Generated Content" when used in this Terms and Conditions shall mean any content uploaded to the Site by registered users of the Site, including but not limited to all uploaded 3D designs, pictures of 3D objects, pictures of any model, comments on the Site, specifications provided in your order for a Co-Creator model, as well as any printed models created by users based on User Generated Content.
All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights.
Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
JOOM3D.COM has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of JOOM3D.COM.
In order to keep the JOOM3D.COM Site appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our "Content, Notice-Take-Down Policy".
Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Site, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Site, the Services and our (and our successorsÕ and assignsÕ) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Generated Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Intellectual Property Rights in the 3D Design
You, as a designer, retain all your intellectual property rights in your 3D design, including without limitation any and all derivative works like 3D renders. Except for the rights and licenses specified below, JOOM3D.COM shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your User Generated Content will not infringe the intellectual property 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 JOOM3D.COM against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by JOOM3D.COM with respect to such claims.
By uploading your 3D design to the Site, you grant the users of JOOM3D.COM a non-exclusive, royalty free worldwide transferable license on your design
(ii) To display it on the JOOM3D.COM Site;
(ii) To download it and use it for the manufacturing of your model on a 3D Printing or similar device
(iii) To use, adapt and/or modify it to create and spawn new designs
You can change the rights listed above via the model detail page of the 3D design at any time. With regard to such non-published 3D design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.
By removing your 3D design from the Website you terminate all licenses granted to JOOM3D.COM to such 3D design under these Terms and Conditions. JOOM3D.COM is however entitled to use your 3D design for promotional purposes, which license shall terminate 12 months after the removal of your 3D design. 3D designs will only used for promotional purposes with your explicit consent.
Note, specific terms in the Co-Creator section: As a customer of a Co-Creator model, by providing specifications for a Co-Creator model, you grant JOOM3D.COM a non-exclusive, royalty free worldwide transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.
Please note that any intellectual property right of a Co-Creator model created by a user with the use of your specifications will vest in the user who created the Co-Creator model.
Consent to Use of Personal Data
Limitation of Liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the JOOM3D.COM Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the downloaded models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
JOOM3D.COM WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.
OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY JOOM3D.COM FOR THE RELEVANT ORDER.
Nothing in these Terms and Conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
These Terms and Conditions shall be governed by the laws of British Columbia, Canada, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than British Columbia, Canada. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the JOOM3D.COM Services or Site or relating to the models downloaded, shall be brought in the federal and provincial courts located Port Coquitlam, British Columbia, Canada. The United Nations Convention on the International Sale of Goods shall not apply to the JOOM3D.COM Services or Site or relating to the models downloaded.
For consumers in Italy the Applicable Law is DLgs, 6.09.2005 n. 206, Titolo III, seizone II.
You agree to indemnify and hold JOOM3D.COM and its owners, administrators, affiliates, distributors, dealers, agents and its and their 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 Terms and Conditions.
Change of the Website, the Services and these Terms and Conditions
JOOM3D.COM reserves the right to make changes to the Site, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Site and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Site and the Service.
These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by JOOM3D.COM represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and JOOM3D.COM . No amendment of these Terms and Conditions shall be binding upon JOOM3D.COM unless in writing and signed by JOOM3D.COM. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. JOOM3D MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.