Terms of Service

top 1 Acceptance

In order to create a Cubify.com User name you are required to agree to be bound by these terms and conditions (the "Terms of Service") and upon such agreement these Terms of Service become a binding contract between you and the operator of the Cubify.com website, 3D Systems Corporation (“3D Systems” or “Us” or “We”). These Terms of Service create certain conditions and limitations on your use of the Cubify.com website and the applications, functions, services, and products offered using the Cubify.com website (collectively the Cubify.com website and all such applications, functions, services, and products, the "Service").The 3D Systems’ Privacy Policy (the “Privacy Policy”), found at http://cubify.com/info/learn/privacy_policy.aspx, is hereby incorporated by reference in its entirety into these Terms of Service and made part hereof. Please do not create a User name or please terminate your User name if you do not agree to any terms of this Terms of Service or the Privacy Policy. Your acceptance of these Terms of Service is effective until your User name is terminated. Thereafter, certain portions of these Terms of Service will survive and still be binding on you, as indicated below.

3D Systems recommends that you print or save copies of these Terms of Service and the Privacy Policy for your future reference. You should also review on a periodic basis the latest version of these Terms of Service at https://cubify.com/info/learn/terms_of_service.aspx. 3D Systems may, in its sole discretion, modify or revise these Terms of Service or the Privacy Policy at any time and any such modified or revised Terms of Service or Privacy Policy shall be effective immediately when We post them to the Service and your use of the Service thereafter shall be governed by the posted amended or revised Terms of Service or Privacy Policy. However, any changes to Section 12 below (“Arbitration; Class Action and Jury Waivers”) will not apply to any disputes for which the parties have actual notice prior to the date that such changes are posted on the Service.

These Terms of Service shall not be deemed to confer any third-party rights or benefits.

To access your Cubify.com account using your User name, you must have internet access and a valid e-mail address enabling you access to the Service and to receive communications and documents electronically. By using the Service or sending email messages to Us, you thereby consent to receive electronic communications from Us, either by sending email messages to you or by posting notices on the Service. You agree that any such electronic communication from Us satisfies any legal requirement that such communication be in writing. You also agree that any emails that We send to you relating to the Service after you create a User name are transactional or relationship messages relating to the Service and not unsolicited commercial email messages.

These Terms of Service apply to all User name holders, including such holders who contribute Content (as defined below) on the Service and who access or license Content on the Service.

top 2 Service

The Service provides users with the ability to post, view, offer to license and license Content from other users. “Content” includes, without limitation, computer files, models, three-dimensional CAD data, other three-dimensional data, images, photographs, designs, text, software, scripts, graphics, interactive applications, blog posts or comments, and other materials you may contribute to, access with, view on, or license through the Service.

3D Systems reserves the right to discontinue any aspect of the Service at any time. 3D Systems may provide interactive areas (such as blogs, comment boards, etc.) where Content is not confidential. You should exercise the utmost discretion before providing any personal information or other sensitive information on these interactive areas of the Service. Users of interactive areas are solely responsible for the content and consequences of anything they post. 3D Systems will have no liability for the content and consequences of such postings.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to Us is correct, current and complete. You agree that all information you provide to register to receive a User name for the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions We take with respect to your information consistent with our Privacy Policy.

Although 3D Systems is not obligated to monitor Content or accuracy of information on the Service, 3D Systems retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content at any time, without notice, for any reason.

top 3 Your User Name

Before you may upload or download any Content to or from the Service or otherwise obtain access to certain features of the Service, you must first create a free, unique User name on the Cubify.com website. When creating your User name, you must provide correct and complete information. You are solely responsible for keeping your User name and password secure and ensuring that activity occurring on your User name complies with these Terms of Service and the Privacy Policy.

A User name may only be used by the person creating the User name or by a person expressly authorized to use the User name by the User name creator. You may not use a third party’s User name without their express permission. The User name creator is responsible for all activity occurring with that User name.

3D Systems will not be liable for losses caused by any unauthorized use of your User name. You are liable for the losses of 3D Systems or others due to any unauthorized use of your User name. You must notify 3D Systems immediately of any breach of security or unauthorized use of your User name. 3D Systems recommends you change your password on a periodic basis to decrease the likelihood of unauthorized use of your User name.

top 4 Orders

Pricing and payment
Pricing for various products and services available through the Service is indicated on associated order pages. Amounts indicated on order pages include all fees for the product or service being purchased or licensed. The total order price includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are in U.S. dollars (USD). In case you pay in a different currency, the currency conversion will be handled by our payment service provider or the credit card company. You agree to pay the prices applicable to products purchased or licensed through the Service using your User name/account.

Cancellation of orders by Cubify
Even after a three-dimensional model order has been placed, there may be technical or other reasons why Cubify.com may not accept your order. 3D Systems reserves the right to cancel any order for any reason with a full refund of payment.

Acceptance
After completion of your order, We will send an order confirmation to the e-mail address specified in your account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If an order cannot be accepted, We will contact you via email. You are responsible for verifying the correctness of the details in the confirmation email. If there are errors you should contact Us as soon as possible.

Order tracking
Orders can be tracked using your account on Cubify.com or through the emails that are sent during the order process.

Shipping
Physical products ordered will be delivered to the shipping address specified in the order. We will use commercially reasonable efforts to ship the product to the shipping address within 10 business days after confirmation; however, any shipment and delivery times provided shall be estimates, and We are not liable for any damage or cost caused by delay in shipping or delivery. All orders are shipped Ex Works using FedEx International Economy or UPS Express Saver services.

Cancellation of your order, return of models
All orders for electronic Content are delivered immediately after payment. Due to the digital nature of these orders, they cannot be cancelled or returned.

Pricing Errors
We reserve the right not to honor orders for products or Content at pricing erroneously posted on the Service.

Printed Object Orders
The Service allows you to order a three-dimensional object based upon certain of the Content. The three dimensional object will be printed by Us (or one of our affiliates companies) and shipped to you directly. Orders for three-dimensional objects cannot be cancelled, as these are produced on-demand.

top 5 Restrictions and Conditions Relating to the Service

3D Systems hereby grants you permission to access and use the Service as set forth in these Terms of Service based upon the following conditions:

1. You will not alter, copy, modify, republish, reverse engineer, display, decompile, translate, disassemble, or transmit any of the Service without the express written permission of 3D Systems.
2. You will not distribute any part of the Service, in any medium, without 3D Systems’ prior written authorization, unless 3D Systems expressly makes available the means for such distribution by the Service.
3. You will not circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Content or enforce limitations on use of the Service or Content.
4. You will use the Service and the Content in a legal manner and for legal purposes at all times, and you agree to comply with all country, state and local laws, statutes, ordinances and regulations that are applicable to your use of the Service. You agree to follow policies and rules provided or posted on the Service.
5. You will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the computers servers operating the Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, 3D Systems grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. 3D Systems reserves the right to revoke these exceptions either generally or in specific cases.
6. You will not collect or harvest any personally identifiable information from the Service, nor will you use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You will not solicit, for commercial purposes, any users of the Service with respect to their Content beyond the commercial purposes expressly provided for by the Service.
7. The Service is a forum only and 3D Systems has no liability for any Content included in the Service. You are solely responsible for Content that you post or offer to license through the Service and for Content that you access, use, or license through the Service.
8. As a User name holder, you may view, post, offer to license, and license Content through the Service. You understand that 3D Systems does not guarantee any confidentiality with respect to any Content you post or offer to license.

top 6 Restrictions and Conditions Relating to the Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

1. The Content that you upload or post, offer to license, and license to others through the Service may be used, downloaded, copied, printed and otherwise licensed by a Content licensee after the license fee has been paid, provided that such use, possession and other activities by the licensee are subject to these Terms of Service and any reasonable terms and conditions not inconsistent with these Terms of Service that you expressly provide when making your Content available for license by others through the Service.
2. THE CONTENT THAT YOU ACCESS OR LICENSE THROUGH THE SERVICE IS PROVIDED TO YOU “AS IS,” “WITH ALL OF ITS FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES REGARDING SUCH CONTENT ARE HEREBY DISCLAIMED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. USE OF CONTENT ACCESSED OR OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
3. You will not circumvent, disable or otherwise interfere with security-related features of the Content that prevent or restrict use or copying of any Content or enforce limitations on use of the Content.
4. You will not post or otherwise make available to or on the Service any unlawful, threatening, pornographic, obscene, defamatory, libelous, profane, violent, or other offensive Content; any Content for fabricating operable guns, gun components, gun accessories, or other weapons; or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any laws, statutes, ordinances, or regulations. 3D Systems may, in its sole and absolute discretion, remove such prohibited Content from the Services or take any other action We determine may be necessary to cure or prevent such violations of these Terms of Service. 3D Systems will fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.
5. You will be exposed to Content from a variety of sources, and 3D Systems is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You may also be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and 3D Systems is not responsible for any offense, harm, or damage resulting from your exposure to such Content.
6. You will not use Content licensed through the Service in a manner that infringes the intellectual property rights, publicity rights or other rights of any other party. You will not reverse engineer any Content licensed, and your use of the Content must comply with these Terms of Service.
7. After your license payment for Content has been completed with a credit card (as indicated by a confirmation number at the end of the checkout process), you may download the Content and use it in the manner permitted by these Terms of Service and any terms.
8. All licenses to Content are final and licensed Content may not be returned for a refund. In the event the licensed Content is defective or fails to comply with the written description of the Content, 3D Systems may assist you in resolving the problem with the licensor. If the problem is not resolved within a reasonable time, then 3D Systems may, in its sole and absolute discretion, provide a refund of the license fee, in which case such refund shall be your sole and exclusive remedy for such defect or failure to comply.
9. Licenses to use the Content are non-exclusive and non-transferrable. The Content licensee does not own any Content. Licensed Content may not be sold, given, licensed, or assigned to another person or entity in the form it is downloaded from the Service or in modified form.
10. If you use the licensed Content in software products, including but not limited to video games, simulations, or VR-worlds, you must take all reasonable measures to prevent the end user from gaining access to the Content. Methods of safeguarding the Content include, but are not limited to, (i) using a proprietary disc format, (ii) using a proprietary Content format, (iii) using a proprietary and/or password protected database or resource file that stores the Content data, or (iv) encrypting the Content data.
11. Licensors of Content through the Service receive royalty payments for their Content licensed to licensees. Information on royalties and payment options is provided here. All payments shall be made in US dollars. We reserve the right to change the royalty payment amounts from time-to-time in our discretion.
12. You will keep your User information accurate and up-to-date to allow proper payments to you by 3D Systems. If your User account information is incorrect or inaccurate, payments may be delayed or you might not receive your payment. If you are owed any royalty payments, We will attempt to transmit the payment to you using the contact information supplied by you in your User name. We will attempt to contact you for three (3) years starting from the date the royalty is earned. If We are unable to process your royalty payment within the three (3) year period, you will forfeit any payment owed to you, subject to any unclaimed, escheat, or abandoned property laws that may apply.

top 7 Intellectual Property

1. You may not post, offer for license, or license to others through the Service any Content in which you do not own all rights or have such licenses, rights, consents, releases and permissions as are necessary for you to legally post, offer for license and license such Content to others. The Content that you post, offer for license, or license to others through the Service must not contain third party patented, trademarked, or copyrighted material, or material that is subject to other third party proprietary rights such as publicity rights, privacy rights or trade secret rights, unless you have permission from the rightful owner of such rights in the material or you are otherwise legally entitled to post, offer for license, or license the material to others. You should consult your own legal advisors to determine whether you may legally post, offer for license or license to others through the Service any particular Content.
2. Content licensors (or, if applicable, their licensors) retain all of their ownership rights, or other rights, in Content that is posted, offered for license, or licensed to others through the Service, except for the licenses granted herein. By posting Content on the Service, you grant 3D Systems and its present and future affiliated companies a worldwide, non-exclusive, fully paid up, royalty-free, sublicenseable, and transferable license to copy, display, perform, distribute, digitally transmit, modify, use, advertise, and print such Content, in whatever medium, whether now known or hereafter created, in connection with the Service. The foregoing license includes, without limitation, the irrevocable, perpetual, royalty-free right of 3D Systems’ (and its successors' and affiliates') to display and use photographs of 3D objects printed from the Content in its marketing materials and on the Service for the purpose of promoting and advertising the Service and related services offered by 3D Systems and its affiliates. You also grant each user of the Service a non-exclusive license to: view Content that you upload for license through the Service; license and download such Content as permitted through the functionality of the Service and under these Terms of Service and print 3D object from such Content, all for personal, non-commercial use. Certain applications on the Service (e.g., AppCreate) allow users to modify and save Content such as 3D models that you upload into the Service. By uploading Content into such applications, you also grant Us and other users of the Service a license to modify and create derivative works from such Content. You may include reasonable additional license conditions that are not in conflict with the foregoing license when uploading Content into the Service for license to others. Unless specified otherwise by you, there is no limit to the number of times a user may print any 3D object associated with any 3D model that the user licenses through the Service. 3D Systems may retain, but not offer for addition license to others, copies of Content that you have uploaded in the Service for license to others after you remove or delete such Content solely for the purposes as are expressly set forth herein and for the purpose of providing access to the Content during the agreed upon time period after a licensee paid for a license to the Content.
3. Content licensees acknowledge that licensed Content may include third party copyrighted, patented or trademarked materials, images, logos, brand names, etc. or photographs and images that may require additional licensing, rights, permissions, releases, or clearance for use. It is the sole responsibility of the Content licensee and their legal advisor to determine, before licensing, downloading or using any Content, whether additional licensing rights, permissions, releases, or clearance are necessary for the intended use of the Content. It is the Content licensee’s sole responsibility to obtain any licensing rights, permissions, releases, or clearance. Each user licensing Content from the Service agrees that use of such Content and 3D printed objects made therefrom is limited to the licensed user’s personal, non-commercial use. Each user licensing Content from the Service agrees that use of such Content is governed by these Terms of Service (and the license granted herein) and any express license conditions presented at the time of license that were established by the applicable Content provider when making the Content available for license on the Service. Each user licensing Content from the Service agrees not to post such Content on any other web site or sublicense such Content to any other person.
4. The trademarks, service marks, and logos relating to the Service, including without limitation the Cubify®, Cube® and 3D Systems® trademarks, are owned by 3D Systems. The Service may also contain copyrighted materials of 3D Systems. The Service may also contain references to third party trademarks or service marks and copies of third party copyrighted materials, which are the property of the respective owners. Any unauthorized use of any trade dress, trademarks, service marks, or any other intellectual property belonging to 3D Systems or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

top 8 User Termination Rights

1. 3D Systems reserves the right, in its sole and absolute discretion and without advanced notice to you, to terminate your User name/account for any reason, including if 3D Systems reasonably determines that: your User name or account has been used to post, offer to license, or license Content that infringes third party intellectual property rights, publicity or privacy rights, or confidentiality rights; you have breached one or more provisions of these Terms of Service; Content uploaded to the Service using your User name or account is pornographic, obscene, defamatory, libelous, offensive or evocative of racial hatred of any kind, or otherwise offensive or contains a virus, worm, spam, malware or other programming routines that detrimentally interfere with the Service; or other you have engaged in activity deemed inappropriate for use with the Service by 3D Systems.
2. 3D Systems may at any time, without prior notice and in its sole and absolute discretion, remove any Content from the Service for any reason.
3. Once submitted to the Service, 3D Systems shall be under no obligation to return or destroy your Content at any time, even after you have discontinued use of the Service and terminated your User account.

top 9 Digital Millennium Copyright Act (DMCA)

1. Notice. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit 3D Systems to locate the material;
   4. Information reasonably sufficient to permit 3D Systems to contact you, such as an address, telephone number, and, if available, an electronic mail address;
   5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.3D Systems’ designated Copyright Agent to receive notifications of claimed infringement is Cubify Marketing Manager, 431 Tehama Street, San Francisco, California 94103, email: DMCA@3dsystems.com, fax: 803-326-4796. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 3D Systems’ customer service through http://cubify.com/support/index.aspx.You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
2. Counter-Notice. If you believe that your Content that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the material in your Content, you may send a counter-notice containing the following information to the 3D Systems’ designated Copyright Agent:
   1. Your physical or electronic signature;
   2. Identification of the Content that has been removed and the location at which the Content appeared before it was removed or disabled;
   3. Information reasonably sufficient to permit 3D Systems to contact you, such as an address, telephone number, and, if available, an electronic mail address;
   4. A statement under penalty of perjury by you that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
   5. A statement that you consent to the jurisdiction of the federal for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue. If a counter-notice is received by our Copyright Agent, 3D Systems may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at 3D Systems’ sole discretion.
3. Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of copyrights or other proprietary rights.

top 10 Warranty Disclaimers

CUBIFY.COM IS ONLY A MARKETPLACE AND FORUM AND IS PROVIDED BY 3D SYSTEMS ON AN “AS IS” BASIS. 3D SYSTEMS DOES NOT CONTROL THE NATURE, QUALITY OR LEGALITY OF THE CONTENT AND DOES NOT GUARANTEE ITS ACCURACY. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, 3D SYSTEMS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. 3D SYSTEMS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OF CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY VIRUSES, BUGS, WORMS, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. 3D SYSTEMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3D SYSTEMS OR IN ANY MANNER FROM THE SERVICE SHALL CREATE A WARRANTY.

top 11 Limitations of Liability; Indemnities

IN NO EVENT SHALL 3D SYSTEMS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, OR BUSINESS INTERRUPTION) OR (B) DIRECT DAMAGES IN EXCESS OF THE GREATER OF $500 OR THE AMOUNTS PAID BY YOU TO 3D SYSTEMS, IN EITHER CASE (A) OR (B) ARISING FROM OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY POLICY, THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION LOSSES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR (IV) ANY VIRUSES, BUGS, WORMS, TROJAN HORSES, MALWARE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

3D SYSTEMS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, REIMBURSE, PAY FOR AND HOLD HARMLESS 3D SYSTEMS, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND LICENSEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO (I) ANY CLAIM ASSERTING THAT CONTENT YOU PROVIDED INFRINGES A THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, PUBLICITY, CONFIDENTIALITY OR OTHER RIGHT; (II) ANY CLAIM ASSERTING THAT CONTENT YOU PROVIDED IS DEFECTIVE OR HAS CAUSED PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE; (III) YOUR USE OF THE CONTENT AND (IV) YOUR BREACH OF THESE TERMS OF SERVICE.

3D Systems makes no representations that the Service is appropriate or available for use in locations outside the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

By using the Service, you expressly relieve 3D Systems from any and all liability arising from (i) your interactions with other users of the Service not controlled by 3D Systems, (ii) your use of any third party software or products used in conjunction with the Service, and (iii) your use of any third-party website alone or in conjunction with the Service.

top 12 Arbitration; Class Action and Jury Waivers

1. Any dispute, claim or controversy arising out of or relating in any way to the Service, Content, Terms of Service or Privacy Policy shall be settled exclusively by binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall occur in Rock Hill, South Carolina and shall be conducted in English.
2. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these terms of Service, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy); provided, however that any party seeking such court relief shall do so only in state or federal courts located in South Carolina, the exclusive jurisdiction of such courts for such purposes the parties hereby irrevocably consent. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration; provided, however, that the arbitrator may award reasonable attorney’s fees to the prevailing party.
3. You agree not to seek arbitration against 3D Systems without first (i) sending, by certified mail, a written notice describing the basis for your claim and your requested remedy and (ii) working cooperatively with 3D Systems for at least 30 days to try and resolve your claim. Your written notice should be sent to: 3D Systems Corporation, Attention: General Counsel, 333 Three D Systems Circle, Rock Hill, SC 29730. We agree not to seek arbitration against you without first (i) sending, by email to the email address associated with your user account, a written notice describing the basis for our claim and our requested remedy and (ii) contingent upon your cooperation, working cooperatively with you for at least 30 days to try and resolve our claim.
4. You agree that the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
5. These Terms of Service and all disputes, claims or controversies arising out of or relating in any way to the Service, Content, Terms of Service or Privacy Policy shall be governed by the laws of the state of South Carolina, without regard to the principle of laws provisions thereof.
6. IF FOR ANY REASON A DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, CONTENT, TERMS OF SERVICE OR PRIVACY POLICY SHALL PROCEED IN COURT RATHER THAN IN ARBITRATION, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST 3D SYSTEMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND YOU AND 3D SYSTEMS EACH WAIVE ANY RIGHT TO A JURY TRIAL.
7. Neither the United Nations Convention for the International Sale of Goods nor the Uniform Computer Information Transactions Act (UCITA) shall apply to these Terms of Service or to any transaction performed using the Service.

top 13 Special Notices

1. Photographs, 3D Models, and Videos. Photographs, 3D models, and videos of living or deceased persons, works of art, products and certain places may be protected by copyrights, trademark rights, rights of publicity, privacy rights and other rights. Accordingly, you may need to obtain a written release, consent or license before you can permissibly upload such photographs, 3D models, and videos into Service for use by Us or other users of the Service. In addition to other terms and conditions in these Terms of Service, you agree that you will obtain all releases, consents and licenses that are necessary for you to upload such photographs, 3D models, and videos and for Us and other users to use such photographs, 3D models, and videos.
2. Service Not Directed To Children. The Service provides an interactive marketplace and Content relating to 3D printers and associated applications and 3D models. The Service is not directed toward or intended for use by any person under the age of 13.
3. AppCreate.
   1. The AppCreate application available for use on the Service allows you to upload images and 3D models into the Service, which are then used to create a 3D model that other users can modify and make the modified model available for users to print. By uploading Content into the AppCreate application, you agree that other users may modify and make derivative works from the your 3D model and that We or such users may create 3D prints of such modified 3D models and that you will not receive any royalty based on the number of 3D object printed from such modified 3D models.
   2. Due to the nature of many Internet browsers and the AppCreate application, it may be possible for users viewing a 3D model that you upload into AppCreate to obtain and copy the underlying coding/modeling data. While the format or “resolution” of such data would likely be insufficient to print a 3D object, such data may provide a foundation from which a user may be able to create a printable 3D model. Accordingly, by uploading Content into AppCreate, you acknowledge the possibility that at least certain of the underlying modeling data from the 3D model created in AppCreate from such Content may be obtained by users without royalty payments to you.
4. Intellectual Property and other Legal Complaints.Users of the Service who believe that Content on the Service infringes or misappropriates their intellectual property, publicity, privacy or other rights should provide notification of such to Cubify Marketing Manager, 431 Tehama Street, San Francisco, California 94103, email: DMCA@3dsystems.com, fax: 803-326-4796.

top 14 General

1. These Terms of Service, and any rights and licenses granted hereunder, apply to all users of an active User names/accounts.
2. Your use of the Service and Content must comply will all export control laws or regulations of the United States, or other applicable export control laws, rules, or regulations.
3. If any provision of these Terms of Service or the Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service or the Privacy Policy, which shall remain in full force and effect.
4. No waiver of any term of these Terms of Service or Privacy Policy by 3D Systems shall be effective unless in a writing signed by an officer of 3D Systems and no such waiver shall be deemed a further or continuing waiver of such term or any other term, and 3D Systems’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
5. ARBITRATION REGARDING ANY CLAIM BY YOU ARISING OUT OF OR RELATED TO THE SERVICE, CONTENT, THESE TERMS OF SERVICE OR THE PRIVACY POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM INITIALLY ARISES OR ELSE SUCH CLAIM IS PERMANENTLY BARRED.
6. No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms of Service.
7. Unless you and 3D Systems are parties to a separate written agreement relating to the Content, the Terms of Use and Privacy Policy constitute the sole and entire agreement between you and 3D Systems with respect to the Service and Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto. Those provisions for which survival is necessary to give full force and effect, including without limitations Sections 10, 11, and 12, shall survive any termination of these Terms of Serve and any termination of a User account.
8. We reserve the right to engage third party contractors to host and operate the Service.