Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of www.3dprintler.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). If you accept these Terms and Conditions, proceed using 3Dprintler services. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with them, please click on the “Back” button of your browser or click on the “Cancel” button below to exit this website.

Note that all of the Terms and Conditions below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.

The terms “you” and “your” shall include you as an individual, sole proprietorship, corporation, limited liability corporation, not-for-profit corporation, partnership, trust, association, joint venture, unincorporated organization and any other judicial entity recognized by law that will perform Orders under these Terms and Conditions.

3DPrintler Inc. (the “Company”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the www.3dprintler.com website. Your continued use of the www.3dprintler.com website signifies your acceptance of any revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The www.3dprintler.com website, its design, all text, graphics, content, video, audio and the selection and arrangement of www.3dprintler.com are the property of the Company, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on www.3dprintler.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company or the applicable Third Parties.

3DPrintler, www.3dprintler.com, 3Dponics, www.3dponics.com, 3dcreative.ly (www.3dcreative.ly), 3d.ventures (www.3d.ventures), ddd.is (www.ddd.is) and all other related trademarks and design marks displayed on www.3dprintler.com (collectively, the “Trademarks”) are registered and common law trademarks of the Company. Other trademarks and design marks appearing on this website are trademarks of their respective owners. Nothing contained on www.3dprintler.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or the other party that may own the applicable trademarks.

Copyright

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this website is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.

Use of Site

You may use this website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use this website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws.

Neither the www.3dprintler.com website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company, except that you may download, display and print the content presented on www.3dprintler.com for your personal, non-commercial use only. Unauthorized use of www.3dprintler.com and/or the content contained on www.3dprintler.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of www.3dprintler.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of www.3dprintler.com or its contents; any downloading or copying of account information from www.3dprintler.com for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on www.3dprintler.com.

You are prohibited from contributing, posting or transmitting to this website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, 3DPrintler Inc. at any time and without notice may terminate or restrict your access to any component of www.3dprintler.com.

User Name and Password

Your www.3dprintler.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Company. The Company recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Privacy

You have read the Company’s Privacy Policy, the terms of which appear on www.3dprintler.com here https://www.3dprintler.com/privacy-policy and are incorporated into these Terms and Conditions, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by the Company in accordance with the terms of and for the purposes set out in the Company’s Privacy Policy.

Feedback

The Company enables visitors to www.3dprintler.com to provide the Company with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant the Company the right to use the name you submit with the Customer Content, if any, in connection with the Company’s rights set out in this section.

Order, Pricing and Fee Policy

Market conditions and competitive pressures may cause prices and availability of products, applications and services offered on this website to change without further notice. Additionally, although great care is taken in the production of the www.3dprintler.com website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time

All prices quoted are payable in the United States Dollars (USD) and, unless otherwise stated, do not include GST, PST, QST or HST.

By accepting these Terms and Conditions you expressly agree to have your name, contact information, information about your services, products and prices for them placed on the Company’s database (the “Database”). You expressly acknowledge and agree that the Company will make the Database available to its customers through the Company’s website www.3dprintler.com and through the 3D-printing chat bots for messaging applications, including but not limited to: a. 3DPrintler Messenger bot; b. 3DPrintler slack bot; c. 3DPrintler Telegram bot; d. 3DPrintler Skype bot; e. 3DPrintler kik-bot; f. 3DPrintler sms bot; g. 3DPrintler What’s App bot; and h. 3DPrintler Viber bot (collectively the “Messaging Bots”). You expressly acknowledge and agree that the Company’s customers will use the Database to research and compare your 3D printing services, products and prices with the services, products and prices of other providers and to order the 3D printing services and/or products from you or from any other provider.

You acknowledge and agree that all orders of your products and/or services placed through the Company’s website or through any of the Messaging Bots (collectively the “Orders” and each individually the “Order”), including all payments for them, will be processed by the Company. Upon receiving the payment for the Order placed (including applicable taxes and shipping fees) (the “Payment”), the Company will promptly notify you of same and you shall forthwith complete the Order and ship it to the customer. Upon obtaining the confirmation of receipt of the Order by the customer, the Company will release the Payment, less 10% of the total Order price (taxes and shipping fees excluded) to you. You agree that the amount equal to 10% of the total Order price (taxes and shipping fees excluded) shall constitute your fee for using this website and the Database.

You agree that the Payment will be released to you only after the Order has been delivered and accepted by the customer and the Company obtains the proof of such delivery and acceptance.

The Company reserves the right to limit, reject, correct, cancel or refuse Orders, and to terminate accounts, in its discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of the Company or any Third Parties.

Liability disclaimer – READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms and Conditions as amended from time to time, the Company and the Third Parties make no representations or warranties of any kind, express or implied, regarding www.3dprintler.com and any of the Messaging Bots and/or any content, products or services provided on www.3dprintler.com or on any of the Messaging Bots, all of which are provided on an “as is” and “as available” basis. The Company and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of www.3dprintler.com or any of the Messaging Bots, or any of the content or data found on www.3dprintler.com or on any of the Messaging Bots, and expressly disclaim all warranties and conditions in respect of www.3dprintler.com or any of the Messaging Bots, its content or data, and any products, services or applications offered for sale on www.3dprintler.com or on any of the Messaging Bots, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

The Company and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Company and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on www.3dprintler.com or your downloading of any applications, materials, data, text, images, video or audio from www.3dprintler.com.

Maximum Liability

If the Company or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of www.3dprintler.com or of any of the Messaging Bots, or their content, or any of the products or services offered on www.3dprintler.com or on any of the Messaging Bots, the liability of the Company and the Third Parties will in no event exceed in the aggregate the amount paid by you under these Terms and Conditions for the specific Order to which the loss or damage relates.

In no event will the Company or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of www.3dprintler.com or its content, the operation of this website or any failure or delay in the operation of this website (including, but not limited to the inability to use any component of www.3dprintler.com or of any of the Messaging Bots for Orders), or any of the applications, products or services offered on www.3dprintler.com or on any of the Messaging Bots, even if advised of the possibility of damages.

Acknowledgement

The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and the Company acknowledges that in that case, parts of these Terms and Conditions will not be binding upon you.

Indemnification

You will indemnify and save harmless the Company and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of www.3dprintler.com.

Accuracy of Information

We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

Links/Software

The www.3dprintler.com website contains links to websites owned or operated by other entities which are not associated or affiliated with the Company or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. The Company and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the www.3dprintler.com website or any of its content in any form and by any method is strictly prohibited.

Linking to any other website is at your sole risk and the Company will not be responsible or liable for any damages in connection with such linking. In addition, the Company does not endorse or approve of any websites linked from or to www.3dprintler.com, except for other websites operated by the Company.

You may not gather, extract, reproduce and/or display on any other non-Company website or other online service, any material on or from www.3dprintler.com, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of the Company.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.

Survival

The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to www.3dprintler.com.

General

Relationships

The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of www.3dprintler.com.

Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of www.3dprintler.com and these Terms and Conditions. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.

Additional Terms

Additional terms and conditions apply to purchases of applications, products and services. Additional terms and conditions may also apply to specific website functions available on www.3dprintler.com.

Severability

These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions.

Electronic Communications

When you visit www.3dprintler.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Business Name and Business Ownership

The legal business name of the Company is 3DPrintler Inc. Please direct enquiries to the Company’s registered business address at 655 Richmond Rd., Suite#29, Ontario, K2A3Y3, Canada, or by telephone at 1-855-385-7468 or e-mail at [email protected]

English Language

The parties have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

If you accept these Terms and Conditions, proceed using 3Dprintler services. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with them, please click on the “Back” button of your browser or click on the “Cancel” button below to exit this website.

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