Terms and Conditions

3D Print OKC, Inc  Terms and Conditions

 

Late updated: 7/11/2017

1. Terms

The following are Terms and Conditions of a legal agreement between you and 3D Print OKC, Inc and its affiliates (collectively, “3D Print OKC,” “we,” “us,” “our”). These Terms and Conditions (or “Terms”) govern your use of the website at https://3dprintokc.com (“3D Print OKC’s Website” or “Website”) and the products, features, and services we offer (collectively, “Services”). By accessing the  Website and/or by registering on the Website to create an Account, you acknowledge you have read, understood, and agree to be bound by these Terms and Conditions, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. You also certify that any 3D file (“3D Model”) uploaded to the Website does not violate any federal law or regulation including, but not limited to, those pertaining to firearms. If you do not agree with any of these  Terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on 3D Print OKC’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on the Website;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or "mirror" the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on 3D Print OKC’s Website are provided on an 'as is' basis. 3D Print OKC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, 3D Print OKC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall 3D Print OKC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on3D Print OKC’s Website, even if 3D Print OKC or a 3D Print OKC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Intellectual Property Rights of 3D Models

If you are the designer of a 3D Model, you retain all your intellectual property rights in your 3D Models, including without limitation any and all derivative works, such as 3D renders. Except for the rights and licenses with respect to your 3D Models specified below, 3D Print OKC shall not use, modify, or publicly display your 3D Models or derivatives thereof without your permission.

Customer Representations and Warranties: By uploading your 3D Models to the Services, you represent and warrant that either (1) the 3D Model is your original creation and not copied from any third party and/or entity, or (2) you have proof that you obtained all necessary rights and permissions to use, reproduce, make derivatives works of, publicly display, and/or distribute the 3D Model. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

By uploading your 3D Model to the Website or through or Services, you grant 3D Print OKC a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order; (ii) to publically display your Exemplary Model on 3D Print OKC’s Website and to generate and publicly display 3D renders of your 3D Model, if you indicate during the upload process that you want your 3D Model to be an Exemplary Model ; and (ii) to use the 3D Model as necessary for the operation and maintenance of 3D Print OKC Services including, but not limited to, for the internal testing and educational purposes of 3D Print OKC and our manufacturing partners.

6. Confidentiality.

“Confidential Information” shall mean any invention, product, process, apparatus or design of either party or any knowledge or information with respect thereto or any other trade knowledge of either party (including without limitation business methods, processes, operating techniques, “know how”, customer and supplier information, and short-term and long-range sales and product plans), and all drawings, disclosures, designs, data, reports, calculations, models, component parts, patent applications or the like of any kind relating in any way to the business of either party, and which is conspicuously identified by the disclosing party as “Confidential”.

Confidential Information does not include (a) information generally available to and known by the public; (b) disclosed with the prior written approval of the disclosing party; (c) previously and independently developed by the receiving party, provided that the receiving party can provide reasonable written proof of this development; or (d) subsequently received by the receiving party from a third party not under an obligation of confidentiality to the disclosing party.

Unless You indicate during the upload process that you want your 3D Model to be an Exemplary Model, we will hold all of Your Confidential Information in confidence, utilizing at least the same degree of care as We would use protect our own Confidential Information, but in no event with less than a commercially reasonable degree of care. We will not reveal, report, publish, disclose or otherwise transfer any Confidential Information to any person or entity or utilize any Confidential Information for any purpose at any time except as in accordance with these Terms or as You may expressly authorize in writing prior to any such revelation, report, publication or disclosure. We will also take any and all appropriate steps to impose the obligations Confidentiality on our employees and business partners.  

Our promise to maintain Your Confidential Information in confidence shall terminate two (2) years from the date of You agreeing to these Terms. We usually keep a copy all 3D Models, but are happy to securely delete any of your 3D Models upon request.

If You would like for Us to sign a separate confidentiality agreement or non-disclosure agreement of your choosing, please email it to [ENTER EMAIL ADDRESS].

7. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, or otherwise your 3D Models and/or Exemplary Models; (ii) your violation of these Terms and Conditions; (iii) your violation of any law or ordinance; or (iv) infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right, claim or action, including but not limited to copyright, trademark, personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of 3D Print OKC. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

8. Accuracy of materials

The materials appearing on 3D Print OKC’s Website could include technical, typographical, or photographic errors. 3D Print OKC does not warrant that any of the materials on its website are accurate, complete or current. 3D Print OKC may make changes to the materials contained on its  Website at any time without notice. However, 3D Print OKC does not make any commitment to update the materials.

8. Links

3D Print OKC has not reviewed all of the sites linked to its website and is not in control of or responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 3D Print OKC of the site. Use of any such linked website is at the user's own risk.

10. Modifications and Changes to These Terms

3D Print OKC reserves the right, at any time, to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services or any part thereof.

These Terms and Conditions are subject to occasional revision and will we post any revisions on our Website. If changes are substantial, we may also provide notice to you through the Service or email. You are responsible for providing us with your most current e­mail address. Continued use of our Website or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Therefore, we encourage you to check the Website often to read the latest version.

11. Governing Law and Venue

These Terms and Conditions are governed by and construed in accordance with the laws of the state of Oklahoma without giving effect to any conflict of laws principles that may require the application of another law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity arising out of relating to these Terms and Conditions, the Website, or Services (a “Claim) must be brought in a court located in Oklahoma, and you irrevocably submit to the exclusive jurisdiction and venue of the courts in that State or location.

 

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