3D HUBS - TERMS AND CONDITIONS
Last updated: August 22th 2014
1.1. 3D Hubs: 3D Hubs B.V., located and established at Frederiksplein 42 Amsterdam, The Netherlands ( also referred to as “we”, “us” or “our”).
1.2. 3D Content: 3D printable files supplied by a user.
1.3. 3D Print: 3D content turned into a physical object by a 3D printer, operated by a Hub.
1.4. Content: 3D Content, images, videos, text, or any other content submitted by a User on the Website.
1.5. Hub: A User who operates a 3D printer and offers 3D printing services through the Website.
1.6. Order: An order placed by a User through the Website for a print job with the selected Hub to turn the Users’ 3D Content into a 3D Print upon payment of the Printing Fee and Service Fee.
1.7. Printing Fee: the total fee due to the Hub for the printing services, including the start-up costs per printing job and the costs of the material used to produce the 3D Print, offered by the Hub as indicated by the Hub on the Website.
1.8. Service Fee: the fee, consisting of fifteen per cent (15 %) of the amount of the Printing Fee due to 3D Hubs in consideration of the Services provided by 3D Hubs and any applicable taxes (VAT);
1.9. Services: The services offered by 3D Hubs through the Website as set forth in Clause 3 of these Terms and Conditions.
1.10. Terms and Conditions: these terms and conditions.
1.11. User: a natural person or legal entity making use of the Services that are offered through the Website.
1.12. Website: the website offered by 3D Hubs at http://www.3dhubs.com.
2.1. The Terms and Conditions govern the User’s use of this Website and the Services offered by 3D Hubs. By using the Website and/or the Services, the User acknowledges to have read, understood and agrees to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with the Terms and Conditions, you should not use the Services and /or access the Website.
2.2. 3D Hubs reserves the right to make changes to the Website, the Services and the Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on the Website or through some other reasonable method. 3D Hubs will take 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 the terms governing the Website and the Services.
3. 3D HUBS SERVICES
3.1. The Services offered by 3D Hubs through its Website solely exist of providing an online platform which facilitates Hubs to offer 3D printing services to other Users, including the payment transaction between Users and Hubs. The Services enable a User to upload 3D Content to our Website and enable a Hub to list his 3D printing services and Printing Fee for his services on the Website. This allows a User to place an Order with the Hub in order to turn the uploaded 3D Content into a 3D Print. The User and Hub can make arrangements whether the Hub will ship the 3D Print to the User or that the Hub will hold the 3D Print on behalf of the User and a pick-up in person is arranged.
3.2. 3D Hubs is not a party to any agreements entered into between Hubs and Users, nor is 3D Hubs a manufacturer or provider of any printing services or financial services.
3.3. 3D Hubs has no control over the conduct of Hubs and Users, the Content uploaded to the Website by Users and the 3D Prints and services provided by Hubs and 3D Hubs disclaims all liability in this regard.
4.1. The Services offered by 3D Hubs are available only to individuals who are 18 years or older who can form legally binding contracts under applicable law and who have registered as a User on the Website by creating a 3D Hubs account
4.2. The User or any visitor of the Website represents and warrants that all information he submits to the Website is accurate, truthful, lawful and does not infringe any rights of third parties. The User or any visitor of the Website warrants that it will not use the Service to:
· send any unsolicited mass mailings ("spam"); launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for sending more communication than a natural person could reasonably produce or to create Users accounts;
· collect or store personal information from other Users other than the information collected during the normal course of using the Service;
· threaten or harass any person or entity;
· gain or attempt to gain unauthorized access to any computer system, server, network or hardware of 3D Hubs, other Users or any other third party;
· in any way that could overload, damage, disable, disrupt or harm the Service or interfere with any other User’s use of the Service;
· adapt, modify or reverse engineer any of the systems or protocols of 3D Hubs;
· reformat, resell, or redistribute the Service in any way without the explicit consent of 3D Hubs in writing.
4.3. If a User does not respect the Terms and Conditions or any reasonable instructions from 3D Hubs, 3D Hubs can, at its sole discretion and without any compensation, deny the User any further access to the Website and/or any of its Services. Any attempt by a User to damage the Website or to undermine the legitimate operations of the Services may be a violation of criminal and civil laws and should any such attempt be made, 3D Hubs reserves the right to seek damages from any such User to the fullest extent permitted by law.
5.1. When a User creates a Hub it must provide at least the following information:
(a) Information about the Hub: (i) a description of the Hub; (ii) his phone number; (iii) the relevant community in which the Hub will be active; (iii) his delivery preference; (iv) his exact location; (v) his bank details
(b) Printer details: (i) which printer the Hub uses; (ii) the quality of the 3D Prints; (iii) the start-up costs per printing job; (iv) the delivery time to complete the 3D Print;
(c) Material details: (i) the kind of material used for the 3D Print; (ii) the costs of the material per cm3; (iii) the available colours of the material.
5.2. A Hub may accept an Order submitted to them by a User. Upon acceptance of an Order and payment of the Printing Fee indicated in the Order, the Hub warrants to supply the 3D Print in the material selected by the User, within the standard technical boundaries of the Hub’s 3d printer and within the delivery time indicated by the Hub on the Website and confirmed in the Order.
5.3. To ensure the quality and user experience of the Website and its Services 3D Hubs can, at its sole discretion and without any compensation, deny the Hub any further access to the Website and/or any of the Services if a Hub does not meet the requirements stipulated in Clause 5.2 or does not respect the Terms and Conditions.
5.4. Hubs understand and agree that they are solely responsible for determining their applicable tax reporting requirements and any applicable taxes for the 3D printing services they provide to Users through the Website.
5.5. Hubs, accept as third-party beneficiaries and are thereby entitled to enforce directly against Users, the following provisions:
(a) The representations and warranties provided to Hubs by Users as set forth in Clause 6.7.
(b) The agreement provided by Users to indemnify and hold harmless the Hubs as set forth in Clause 12.4.
6.1. Users are solely responsible and liable for the Content they upload and will refrain from uploading restricted Content to the Website. If a Hub receives restricted Content from a User they shall refuse the Order and not supply a 3D Print of such Content and immediately inform 3D Hubs about such Content.
6.2. Content is restricted if it:
(a) violates or infringes a third party’s rights, including but not limited to privacy, publicity or any intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights);
(b) contains pornographic or obscene content;
(c) contains information about or relating to firearms or any other weapons;
(d) contains information which is false, inaccurate, misleading, harassing, racially or ethically offensive, harmful to minors, libellous or defamatory;
(e) contains trojan horses, viruses, worms or other harmful or destructive software code;
(f) is contrary to or in violation of any applicable law or regulations, including any applicable export control laws and regulations.
6.3. By submitting Content (except for the User's 3D Content) through the Services or Website, the User grants 3D Hubs 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 Content in connection with the Website and/or the Services, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels.
6.4. By submitting 3D Content through the Services or Website, the User grants 3D Hubs and the Hub accepting the Order a non-exclusive, royalty free worldwide non-transferable license (i) to review the 3D Content on the basis of technical specifications (including but not limited to checking for any technical errors); and (ii) to use the 3D Content for the manufacturing of the 3D Print in order for the Hub to fulfil the Order placed by the User.
6.5. In the case that the User has indicated his consent by indicating that the 3D Content is public 3D Content, the User grants 3D Hubs a non-exclusive, royalty free worldwide non-transferable license to display the 3D Content on the Website and to reproduce, distribute, display or sell the 3D Content for any commercial purposes.
6.6. The User represents and warrants that it has all rights to grant the licenses of Clause 6.3, 6.4 and 6.5 without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
6.7. A User placing an Order with a Hub represents and warrants to that Hub that he has all rights to grant the licenses of Clause 6.4.ii without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
6.8. 3D Hubs does not claim any ownership rights of the Content and has no obligation to review the Content and can in no way be held responsible for the Content uploaded to its Website or Services. Notwithstanding the foregoing 3D Hubs can remove and/or block any Content uploaded to its Website or Services for any reason and without notice.
7.1. To order a Hub to print 3D Content, the User has to follow the online ordering process on the Website. This ordering process consists of the following steps:
(a) Upload or Select 3D Content. The User has to (i) upload his 3D Content in the file format indicated on the Website or select any of the 3D Content made available for such purpose by 3D Hubs or other Users on the Website;(ii) select the preferred Hub; (iii) select the material and color of the 3D Print; (iv) provide his billing information in order to process the payment; (iv) review the details of his Order; (v) confirm his Order.
(b) Technical review 3D Content. The Order will be reviewed by 3D Hubs. During this process the 3D Content submitted to the Website will be reviewed on the basis of technical specifications (including but not limited to checking for any technical errors) and 3D Hubs will check the availability of the selected Hub by forwarding the Order to the Hub;
(c) Acceptance of Order by Hub. The Hub can review and accept the Order within 24 hours after receiving the Order. Upon acceptance of the Order by the Hub, 3D Hubs will automatically send the User an Order confirmation to the e-mail address associated with the User’s 3D Hubs account. If there are any errors in the Order confirmation the User should contact 3D Hubs and / or the Hub as soon as possible. Hubs shall inform 3D Hubs within 24 hours after receiving an Order if they are not able to accept the Order. If there is no response from the Hub within the given timeframe 3D Hubs may cancel the Order.
(d) Payment. The User has to pay the total amount indicated on the Order confirmation within 48 hours after the Order has been accepted by the Hub by completing the payment process indicated on the Website. The User pays the full amount (Printing Fee and Service Fee) to 3D Hubs whereby 3D Hubs temporarily holds the Printing Fee on behalf of the Hub. The Hub or 3D Hubs may cancel the Order if the User has not paid the full amount of the Order within 48 hours after the Order has been accepted by the Hub. Payment is currently only possible by Credit Card, Paypal and some local payment services.
As soon as 3D Hubs receives the full amount indicated in the Order confirmation, it will automatically inform the Hub by e-mail of this event. The Hub shall immediately start performing the 3D printing services upon receipt of this payment confirmation from 3D Hubs.
The Hub shall complete the 3D printing services within the delivery time that the Hub has indicated on his profile
Within 4 days after the User or Hub has indicated on the 3D Hubs website that the order has been delivered 3D Hubs will transfer the Printing Fee to the bank or Paypal account provided by the Hub.
(e) Pick-up & shipping. The User and the Hub mutually agree whether the 3D Print will be picked up by the User at the location of the Hub or any other location or that the 3D Print will be shipped to the User.
7.2. 3D Hubs informs both the User and Hub about the status of the Order during the order process by sending emails to the email addresses provided by the User and Hub in their 3D Hubs account.
8. UNACCEPTABLE & CANCELLED ORDERS
8.1. Cancellation by 3D Hubs or Hub. During the entire ordering process, including after acceptance of the Order by the Hub, 3D Hubs and the Hub may, at their sole discretion, not accept or cancel an Order for technical or any other reasons, including but not limited to the technical unfeasibility to print the 3D Content, the 3D Content being in violation of the Terms and Conditions or any applicable law or regulations, or due to the non-payment of the total amount of the Order by the User.
8.2. Cancellation by User. Due to the personalized feature of the print services performed by the Hub, the User cannot cancel his Order after payment of the Order and the Hub has started his 3D printing services.
8.3. 3D Hubs only facilitates the transaction between Users and Hubs. As a result 3D Hubs has no control over the 3D Prints. 3D Hubs does not provide any implied or explicit warranties relating to the 3D Prints and does not guarantee that the 3D Prints will be fit for any particular purposes. Please inspect 3D Prints upon receipt immediately.
8.4. Any reclamations or claims related to 3D Prints should be directly addressed to the relevant Hub and not to 3D hubs. 3D Hubs disclaims all liability in this regard.
9.1. The indicated total amount of the Order includes the Printing Fee, Service Fee and any applicable taxes concerning the Service Fee, but excludes any import/export duties or shipping costs.
9.2. The Printing Fee, Service Fee or any other prices displayed on the Website are only indications and are valid only for the moment that they are displayed. The Hub and 3D Hubs reserve the right to change any indicated prices on the Website without prior notice. Such a change will have no effect on Orders which have been confirmed by the Hub and paid by the User.
9.3. 3D Hubs does its best to prevent errors in the pricing indicated on the Website. However, should an error occur, neither the User, the Hub or 3D Hubs are bound by the Order and may cancel the Order. Any amounts paid related to that Order will be refunded to the User. All prices are indicated in the User’s local currency insofar this is reasonably possible.
10. INTELLECTUAL PROPERTY
10.1. All intellectual property rights, including but not limited to any copyright, trademark and database right, in the Services or Website and the selection and arrangement thereof belong to 3D Hubs, its licensors or other third parties. All rights in the Services and Website not expressly granted herein are reserved.
11.1. In order to use the Services, Users will be required to supply certain information about themselves when setting up a 3D Hubs account, designating themselves as a Hub and placing an Order. 3D Hubs has specified which information is required to use the Services. This information will be used by 3D Hubs for the sole purpose of providing the Services.
12. LIABILITY & INDEMNIFICATION
12.1. In no event shall 3D Hubs be liable for any damage whatsoever, whether in an action of contract or any tortious action, arising out of or in connection with the User´s access or use of the Services and Website or the printing services offered by the Hub, except to the extent such damages arise directly from the wilful misconduct or gross negligence of 3D Hubs and its senior management.
12.2. In the event the User´s country of residence does not allow any of the exclusions or limitations of liability or any of the disclaimers of warranties mentioned in the Terms of Conditions, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.
12.3. The User agrees to indemnify and hold 3D Hubs harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
12.4. The User placing an Order with a Hub agrees to indemnify and hold that Hub harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from the Customers’ breach of these Terms and Conditions the warranties and representations given mentioned in Clause 6.7.
13. APPLICABLE LAW AND JURISDICTION
13.1. The Terms and Conditions and any disputes in connection thereto shall be governed by and construed in accordance with the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, claim or cause of action arising out of, or in connection with the Terms and Conditions or the User´s use of the Website or Services shall be submitted to the jurisdiction of the competent courts in Amsterdam, unless provided otherwise by operation of applicable mandatory law.
13.2. 3D Hubs does not guarantee that the Services offered through its Website can be used in locations outside the Netherlands. You are solely responsible that your use of the Services and Website complies with your local applicable laws.
14.1. If any provision of the Terms and Conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
15. CONTACTING US
If you have any queries about the manner in which the Website is operated, the Services are provided, or how your personal information is used by 3D Hubs, please contact us at email@example.com