Terms and Conditions
These Terms and Conditions apply to the Shapetizer website located at www.shapetizer.com, by using the site, you agree to these Terms and Conditions; if you do not agree, do not use the site.
Shapetizer reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Shapetizer grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Shapetizer Account
The use of the website is free of charge, nevertheless a user must sign up to become a member in order to be accessible to the services through the website.
Members must provide current and accurate information of the account, including a valid email address. To sell designs through our website the member must provide and maintain valid payment information such as a valid PayPal account.
To purchase a design via our website the member must be of legal age (at least 18 years) and capable of contracting.
Members are responsible for maintaining the confidentiality of their account, and are responsible for all activities that occur thereunder. We will not be liable for any loss or damage from the failure to maintain the account security. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
2. Our fees
Shapetizer shall deduct thirty percent (30%) of the selling price, hereinafter referred to as the “commission fee”. Our commission fee shall be deducted immediately upon a transaction taking place.
Shapetizer reserves the right to change the commission fee being charged, provided that a notice is posted on the website fourteen (14) day prior to the change taking place.
3. Buying and selling
Upon uploading a design, a member can choose to provide the .stl file for downloading, or grant printing right in which case Shapetizer’s service will encrypt and stream the design to user’s private 3D printer directly. If choose to grant printing right, the uploading member can set a price for the design or set it for free. Though we provide references for pricing, we shall not interfere in the selling price being set and accordingly the selling price shall remain entirely at the members’ discretion. As the design buyer purchases the printing right successfully, the buyer can print the design for multiple times except for commercial purpose. If the uploading member chooses to provide .stl file for downloading, it can only be free, and the copyright cannot be protected by Shapetizer’s technology. Users can download .stl files on Shapetizer for free.
4. Use of Shapetizer website
Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Shapetizer or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website 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 Shapetizer is strictly prohibited. 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 Website may provide links to other websites that are not under the control of Shapetizer. Shapetizer shall not be responsible in any way for the content of such other websites.
Shapetizer Service, which based on web, might be subject to temporary downtime. From time to time we also update the Website, which will result in unavailability of the Website for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.
5. Content and ownership
All members warrant that they are the owners of the designs that they upload and that they may legally license the use of the said designs. The content generated by members, including but not limited to all uploaded 3D designs, pictures of the 3D objects, pictures of any model, and comments on the Website, 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. The ownership of the intellectual property rights are retained by the member that uploads the design. The content owners grant rights of use to the content based on which condition they choose to offer when they upload the content. If the content owner chooses to allow members to download the .stl file, members will be able to download it for free, and adapt or reproduce the design under this condition, but attribution must be given in all adaptation and reproductions to the content owner. The license that governs this relationship is one of the Creative Commons Licenses chosen by the content owner. If the content owner chooses to allow cloud-printing of the 3D design, members are granted the rights to print via their personal printers for multiple times, but cannot use for commercial purpose. Under this condition, members cannot download the digital file, however, members can make proper adjustment to the design and set parameters for slicing on Shapetizer’s browser-based interface. Members may not re-create or re-post the design on any public domain. All copyright, moral rights and other intellectual property rights are retained by the content owner. Shapetizer does not claim any ownership rights on any of the designs that are uploaded. Nevertheless, by uploading a design through our website you agree to allow Shapetizer to store the design, to display the design and distribute a copy of the design once it is purchased, and to allow Shapetizer to use the material for marketing purpose.
For clarity, the foregoing licenses granted to the website and users do not affect your other ownership or license rights in your content, including the right to grant additional licenses to your 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.
By downloading a design the member shall only acquire a license to make use of the design. Full ownership rights are retained by the person that uploads the design and by downloading the design you are not acquiring full ownership over the design. Members uploading designs will be responsible for ensuring that the designs do not infringe any third party copyright or any other intellectual property rights. Should any intellectual property rights be infringed, the uploading member shall be held solely responsible for any damages that may arise as a result of such infringement and they agree to indemnify the company against any damages that may ensue directly or indirectly as a result of any infringement of intellectual property rights.
7. Infringement of right
If you believe that a 3D model or any other content violates copyright, you can report the violation in the product page. Alternatively, you can report a violation using the following process. Once we receive a copyright infringement we investigate the notice and react within 48 business hours.
8. Procedure for reporting copyright infringement
Shapetizer uses the notification and takedown policies of the Digital Millennium Copyright Act signed in 1998. If you are a copyright owner, or the authorized representative of a copyright owner, you may report an alleged infringement by contacting the Company with a written communication that includes the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the material that is claimed to be infringing and that is to be removed. The identification has to be with sufficient detail so that Shapetizer would be capable of finding and verifying its existence, including the product name, user name and the URL of the content on Shapetizer.com.
Contact information about the notifier including address, telephone number and, if available, e-mail address.
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. A statement that the information in the notification is accurate, made under penalty of perjury, and that the notifier is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have any questions or comments about intellectual property rights or the content policy at Shapetizer, or to report a violation, please contact us at firstname.lastname@example.org.
9. Consent to use of personal data
You agree to indemnify and hold Shapetizer and its employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
11. Changes in these terms and conditions
We reserve the right to change the terms and conditions on this website at any point in time. It is the duty of the user of our website to keep updated with regards to any changes. Such changes will however not have retroactive effect and shall not affect the terms already agreed and accepted by the Company and the user.
The company may at any point refuse or stop a transaction if in its opinion such transaction infringes any intellectual property rights of third parties, is illegal, libelous or otherwise undesirable.
13. Applicable law and jurisdiction
These terms and conditions shall be governed and by the laws of Massachusetts, in case of dispute the courts of Massachusetts will have exclusive jurisdiction to hear the case.
If a part of these terms and conditions is found by a competent judicial authority to be illegal or unenforceable in any respect, this shall not affect the rest of these terms and conditions.
14. Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email at email@example.com. We will response to you as soon as possible. Shapetizer may also contact you to ask about your feedback.