PINSHAPE SERVICE AGREEMENT
Last updated: 2016-06-02
SIDENOTE: Please read this document carefully, it is a binding agreement that you accept when you register for or use Pinshape.
By using the Services, you acknowledge you have read, understood, and agree to be bound by these Terms of Service and further to comply with all applicable laws and regulations. You certify that any 3D file or model you upload to the Pinshape Website does not violate any federal or state law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms of Service, you should not use the Website, Applications, or Services.
SIDENOTE: Pinshape is providing a platform for Users to share designs. We do not control or own your designs. We do not take part in the transaction between you and another user besides helping to make it happen. We will ask that you follow certain ground rules when using Pinshape.
Pinshape.com is an online marketplace that allows Users to purchase, offer for sale, or share for free designs for the purposes of 3D printing and personal use. Pinshape.com allows Users to interact with each other to purchase and/or download designs subject to these terms and conditions.
You may use the Services in several capacities including, Buyer, Seller, or Content Contributor. You understand and agree that Pinshape is not a party to any agreement, nor do we have an ownership interest or right to control intellectual property of our Users. Pinshape.com merely acts as a platform for such agreements and relationships. Pinshape offers other services and community features through the Website including a forum, a blog, tutorials etc. where you can get in touch with other users or share your experience or tips and tricks of the trade.
SIDENOTE: Users need to register before they can buy, sell, or share their designs. We want to be sure Users are being cool to each other and that Users accounts are protected.
By creating an account you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only use Pinshape.com with the supervision of your parent or guardian. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the Service eligibility criteria at any time.
To use some Services, you must register an account on the Website. You must provide current, accurate identification, contact, and other information that may be required as a part of the Account registration process and/or continued use of the Service, and you must keep such Account information Updated.
You will be asked to create a username and password. Credentials you create must be your own and may not be offensive or vulgar. These Credentials should be treated as confidential, and you should refrain from disclosing them to any other person or entity. You also acknowledge that you are responsible for maintaining the confidentiality of your Service password and Account and are solely responsible for all activities that occur on your account. You agree to notify us immediately of any changes in your eligibility to use the Services, breach of security, or unauthorized use of your Account. We will not be liable for the loss or damage from your failure to maintain the security of your Account and password.
You agree that Pinshape has the right to refuse services or to terminate service of any user at any time, for any reason, without notice. You shall have the ability to delete your Account either directly or by request at any time.
User Responsibilities and Content
SIDENOTE: When you sign up with Pinshape we ask you to be nice to other Users and generally be respectful. In addition we ask you to take responsibility for your use of Pinshape and not break any laws.
All users shall observe all policies found in our Acceptable Use Policy. Additionally all Users agree they shall be responsible for:
- Ensuring that all persons who access the Website through your account are authorized by you to do so and are aware of these Terms of Service and shall comply with them.
- Payment of all fees, including taxes, associated with your use of Pinshape and your purchase of User content. Further, you agree that all sales for Content downloaded or streamed are final sales.
- Payment of applicable processing fees of 30% that shall be applied to payments to Users. By agreeing to these terms, you are giving Pinshape permission to charge this fee and are fully aware that it is part of the transaction between yourself and another User.
- Ensuring that all Listings and Content comply with all applicable federal, state, local and international laws and regulations.
The term “User Generated Content” when used in the Terms of Service shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D Models or comments and posts on the Website. No User Generated Content should 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 mean copyright, patent, registered design, design right, trademark, trade secret, or any other proprietary or industrial right.
Formlabs 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 Formlabs. In order to keep Formlabs and the Website appropriate for a general audience and to cooperate with Intellectual property rights we depend on our “Acceptable Use Policy”
With the exception of your actual 3D Models, which are referenced below, by submitting User Generated Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, sublicensable 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 Website, the applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website 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 Website a non-exclusive license to access your User Generated Content through the Website, and share your User Generated Content on blogs and social media, provided such sharing prominently links back to the model page on Pinshape.com and is not done on a site that competes directly or indirectly with Pinshape.com. For clarity, the foregoing license does not affect your other ownership or licensing 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 license 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 or proprietary rights.
Intellectual Property Rights
SIDENOTE: Pinshape owns the IP for the site and things we create. You own your IP. Other Users own their IP. Don't mess with other people's IP.
You, as a designer, retain all intellectual property rights in your 2D Models, including without limitation any and all derivative works, for example 3D renderings. Except for the rights and licenses with respect to your 3D Models specified below, Formlabs shall not use, modify, or display your 3D Models or derivatives thereof. By uploading your 3D Models to Pinshape.com, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below license 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, you grant Formlabs a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license to display your 3D Model and any renderings or pictures on the Pinshape Website. By removing your 3D Model from the Website, you terminate all licenses granted to Formlabs and its users to such 3D Model.
Formlabs, Pinshape, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Reliance on Information Posted
SIDENOTE: Like we said before, we are providing a platform for Users to buy, share, and sell designs. We can't screen everything that gets posted or everything linked to Pinshape. It is up to you to help Pinshape be the outstanding community it can be.
We do not warrant the accuracy, completeness or usefulness of any information, content or listings provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, site users, and other third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Use of the Pinshape Website
SIDENOTE: We can only control so much. We make an effort to only work with trusted partners, ultimately if something goes wrong with a third party service outside Pinshape you will need to have them correct it.
Our Website may contain links to other sites and resources provided by third parties not under the control of Formlabs. These links are provided for your convenience only, the inclusion of any link to any such website does not imply endorsement by Formlabs of the content of such websites.. Formlabs shall not be responsible in any way for the content of such other websites. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Pinshape s a web based service, as such it may be subject to temporary downtime including updates to our Website. 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 do not guarantee that any content will be made available on the Website or through the Services.
We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any content (including without limitation any 3D Models) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any content (including without limitation any 3D Models) from the Services)
We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.
SIDENOTE: You can stop using Pinshape whenever you want. Pinshape can also shut down your account for not following the rules.
Pinshape may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pinshape account, or you may simply discontinue using the Website. Additionally Pinshape can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
SIDENOTE: It's the internet and viruses and service interruptions happen. We ask that you take responsibility for protecting your data.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty or obligation to take any action regarding (i) which users gain access to the Services; (ii) what content you access via the Services; or (iii) how you may interpret or use the content. You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
This Agreement and any access to or use of the Website will be governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflicts of laws principles. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Services, including disputes relating to the validity thereof, and any disputes related to the use of the Website, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located within the Commonwealth of Massachusetts.
FOR ANY CLAIM BROUGHT BY ANY PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN MASSACHUSETTS.
Our failure to enforce any portion of these Terms of Services shall not constitute a waiver of our right to later enforce that or any other parts of these Terms of Services. In order for any waiver of compliance with these Terms and Conditions to be binding, an authorized representative must provide you with written notice of such waiver. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Sidenotes appearing throughout are meant to provide a plain-english explanation of the purposes of certain provisions found in this agreement. They are meant as a supplemental tool. In the event of any conflicts in interpretation, the body of the Service Agreement shall control. The section and paragraph headings in these Terms of Services are for convenience only and shall not affect their interpretation.