By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, pleaseContact us at using the contact form on the website.
1. 3DWaters.com is a Venue
3DWaters.com acts as a venue to allow users who comply with 3DWaters.com's policies to offer, sell and buy certain 3D printing models and designs within a fixed-price format. 3DWaters.com is not directly involved in the transaction between buyers and sellers. As a result, 3DWaters.com has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. 3DWaters.com does not pre-screen users or the content or information provided by users. 3DWaters.com cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, 3DWaters.com does not transfer legal ownership of items from the seller to the buyer.
3DWaters.com cannot guarantee the true identity, age, and nationality of a user. 3DWaters.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that 3DWaters.com is a venue and as such is not responsible or liable for any content, for example, designs, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on 3DWaters.com. You use the 3DWaters.com service at your own risk.
2. Membership Eligibility
Age: 3DWaters.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. 3DWaters.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use 3DWaters.com's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by 3DWaters.com's policies as stated in the Agreement and the 3DWaters.com policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by 3DWaters.com, each of which is incorporated herein by reference and each of which may be updated by 3DWaters.com from time to time without notice to you:
• Fee Policy
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by 3DWaters.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify 3DWaters.com of any unauthorized use of your password or any breach of security. You also agree that 3DWaters.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than 3DWaters.com without 3DWaters.com's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on 3DWaters.com you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your 3DWaters.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service:3DWaters.com's services are not available to temporarily or indefinitely suspended 3DWaters.com members. 3DWaters.com reserves the right, in 3DWaters.com's sole discretion, to cancel unconfirmed or inactive accounts. 3DWaters.com reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on 3DWaters.com is free. 3DWaters.com charges fees as a percentage of the sale price when the item sells but does not charge fees for listing an item for sale. When you list an item you have an opportunity to review and accept the fees that you will be charged. 3DWaters.com, Fees Policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Fee Policy and the fees for 3DWaters.com's services are effective after 3DWaters.com provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, 3DWaters.com may choose to temporarily change the Fees Policy and the fees for 3DWaters.com's services for promotional events; such changes are effective when 3DWaters.com posts the temporary promotional event on the Site. 3DWaters.com may, at 3DWaters.com's sole discretion, change some or all of 3DWaters.com's services at any time. In the event 3DWaters.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using 3DWaters.com.
Fees and Termination: If 3DWaters.com terminates a listing or your account, if you close your account, or if the payment of your 3DWaters.com fees cannot be completed for any reason, you remain obligated to pay 3DWaters.com for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, firstname.lastname@example.org
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with 3DWaters.com's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your 3DWaters.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their 3DWaters.com shop. These policies may include, for example, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with 3DWaters.com's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. 3DWaters.com reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item's price after a sale for the purpose of avoiding 3DWaters.com transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to 3DWaters.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on 3DWaters.com.
Restricted Activities: Your Content and your use of 3DWaters.com shall not:
Re-Posting Content: By posting Content on 3DWaters.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold 3DWaters.com harmless for any dispute concerning this use. If you choose to display your own 3DWaters.com-hosted image on another website, the image must provide a link back to its listing page on 3DWaters.com.
Idea Submissions:3DWaters.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and 3DWaters.com shall not be liable for the disclosure or use of such Material. If, at 3DWaters.com's request, any member sends Material to improve the site (for example through the Forums or to customer support), 3DWaters.com will also consider that Material to be non-confidential and non-proprietary and 3DWaters.com will not be liable for use or disclosure of the Material. Any communication by you to 3DWaters.com is subject to this Agreement. You hereby grant and agree to grant 3DWaters.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
3DWaters.com does not control the Content provided by users that is made available on 3DWaters.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using 3DWaters.com, you agree to accept such risks and that 3DWaters.com (and 3DWaters.com's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on 3DWaters.com. Please use caution, common sense, and practice safe buying and selling when using 3DWaters.com. Other Resources:3DWaters.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. 3DWaters.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that 3DWaters.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Advertising Revenue Share
3DPrintingMode.com reserves the right to run advertisements on any page on 3DWaters.com
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with 3DWaters.com's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. 3DWaters.com is not involved with user generated groups, the groups' requirements, or the Meetings.
3DWaters.com does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that 3DWaters.com does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on 3DWaters.com may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. 3DWaters.com IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO 3DWaters.com; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY 3DWaters.com, AND 3DWaters.com HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT 3DWaters.com IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, 3DWaters.com USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
10. Resolution of Disputes and Release
Should you have a dispute with one or more users, or an outside party, you release 3DWaters.com (and 3DWaters.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 3DWaters.com encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. 3DWaters.com, for the benefit of users, may try to help users resolve disputes. 3DWaters.com does so in 3DWaters.com's sole discretion, and 3DWaters.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that 3DWaters.com attempts to resolve a dispute, 3DWaters.com will do so in good faith based solely on 3DWaters.com's policies. 3DWaters.com will not make judgments regarding legal issues or claims.
Because we provide a system that gives control to designers and sellers, we cannot accept responsibility for the quality of the products or product plans (including quality of design, workmanship, etc). The seller approves the quality and format of each product, product part or product plan. We do not monitor or check individual products or product plans prior to being showcased through our website.
As a result buyers need to reply upon the seller's returns policy—so please read this carefully before you buy. If one does not exist, the buyer's purchase risk is higher than if a clear policy does exist.
In this case, if you have a question about your product, please contact the seller direct. 3D Printing Model is unable to resolve problems or complaints for purchases made directly from a seller. This is a matter for buyers and sellers to negotiate.
11. 3DWaters.com's Intellectual Property
3DWaters.com, and other 3DWaters.com graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of 3DWaters.com. 3DWaters.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or em
ail addresses, in connection with any product or service in any manner that is likely to cause confusion.
12. Access and Interference
3DWaters.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on 3DWaters.com is updated on a real-time basis and is proprietary or is licensed to 3DWaters.com by 3DWaters.com's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access 3DWaters.com for any purpose whatsoever, without 3DWaters.com's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in 3DWaters.com's sole discretion, an unreasonable or disproportionately large load on 3DWaters.com's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses from the Site except to the extent expressly permitted by 3DWaters.com
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site 4. Bypass 3DWaters.com's robot exclusion headers or other measures 3DWaters.com may use to prevent or restrict access to 3DWaters.com
Without limiting any other remedies, 3DWaters.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn 3DWaters.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
15. No Warranty
3DWaters.com, 3DWaters.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND 3DWaters.com'S SUPPLIERS PROVIDE 3DWaters.com'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. 3DWaters.com, 3DWaters.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND 3DWaters.com'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM 3DWaters.com SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
PLEASE NOTE THAT THE MODELS ARE SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
16. Liability Limit
IN NO EVENT SHALL 3DWaters.com, AND (AS APPLICABLE) 3DWaters.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR 3DWaters.com'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, 3DWaters.com'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
3DWaters.com'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF 3DWaters.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO 3DWaters.com IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD 3DWaters.com AND (AS APPLICABLE) 3DWaters.com'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No Guarantee
3DWaters.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside 3DWaters.com's control.
19. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any 3DWaters.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on 3DWaters.com's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
21. No Agency
You and 3DWaters.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. 3DWaters.com Service
23. Governing Law
Sections 4 (Fees and Services, Fees and Termination), 7 (Content, License), 8 (Information Control), 9 (Meetings, Groups or User Fees), 10 (Resolution of Dispute and Release), 11 (3DWaters.com's Intellectual Property), 12 (Access and Interference), 13 (Breach), 14 (Privacy), 15 (No Warranty), 16 (Liability Limit), 17 (Indemnity), 18 (No Guaranty), 20 (Severability), 22 (No Agency), 23 (Choice of Law) shall survive any termination or expiration of this Agreement.
Scope of Use. You are authorized to use the Serviceon your online marketplace for 3D printers, 3D printer supplies, and/or additive manufacturing or digital designsas set forth in the terms of this Agreement, as they may bemodified from time to time (the "Terms"). Your rights toaccess and use the Services are personal, non-exclusive,non-transferable and non-sublicensable. Youmay not distribute or make the Service available over anyother network or marketplace. You may not otherwisetransfer the access granted herein or any right or ability to view, access, or use the Service. You may not copy,decompile, reverse engineer, disassemble, attempt to derive the source code of,modify, or create derivative works of the Service. Any attempt to do so is a violation of 3DWaters rights. If You breach these restrictions, You maybe subject to prosecution and damages.The terms of the Agreement will govern any upgrades provided by 3DWaters that replace and/or supplement the original Service.
Use of the Service may require Internet access and thatYou accept additional terms of service. You understand that the Service may not be compatible with certain 3Dprinters or designs. Nevertheless, You agree to use the Service at your sole risk and that 3DWater shall not haveany liability to You for any delays in transmission or other factors that may limit a printer's ability to access,modify,or copy a design or that may otherwise result in filesbecoming lost,corrupted or in printing being terminatedprematurely. You agree that in accessing the Service,you will haveaccess to 3DWaters proprietary content, information and material that is protected by applicable intellectual propertyand other laws,including but not limited to copyright, andthat You will not use such proprietary content,information ormaterials in any way whatsoever except for permitted use of the Service. No portion of the Service may bereproduced in any form or by any means. You agree not tomodify,lease,loan,sell,distribute,or create derivative worksbased on the Service,in any manner,and You shall notexploit the Service in any unauthorized waywhatsoever,including but not limited to,by trespass or burdening network capacity. 3DWaters reserves all rights not granted expressly in these Terms.
Indemnity. You agree that You will be responsible for your use of the Service. You acknowledge that, in the event of any third party claim that the Service is used to create a product that infringes that third party's intellectual property rights, Only You will be solely responsible for the investigation, defense, settlement and discharge of any such claim. 3DWaters will not be responsible of anything or any claims,
YOU UNDERSTAND THAT THE SERVICE IS NOT DESIGNED, MANUFACTURE, AUTHORIZED OR LICENSED FOR USE IN HAZARDOUS OR CRITICAL ENVIRONMENTS OR IN ACTIVITIES REQUIRING EMERGENCY OR FAIL-SAFE OPERATION, OR IN ANY OTHER APPLICATIONS OR ACTIVITIES IN WHICH FAILURE OF THE PRODUCTS MAY POSE THE RISH OR PHYSICAL INJURY OR DEATH OR ENVIRONMENTAL DAMAGE (ANY OF THE FOREGOING, ?DANGEROUS APPLICATIONS?). YOU AGREE NOT TO USE THE SERVICE TO PRINT ANY WEAPONS OR OTHER ITEMS FOR USE WITH DANGEROUS APPLICATIONS. YOU AGREE NOT TO USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR FOR A DANGEROUS APPLICATION.