3Dagogo’s Terms and Conditions

Agreement between user and 3Dagogo, Inc.

Welcome to 3Dagogo.com. The 3Dagogo.com website (the "Site") is comprised of various web pages operated by 3Dagogo, Inc. ("3Dagogo"). 3Dagogo.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of 3Dagogo.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

3Dagogo.com is an Online Marketplace. 3Dagogo provides a marketplace in which designers of proven-to-print 3D printable designs can upload, price, and sell those designs to consumers. In addition, we allow customers to access live bids from multiple online print-houses, letting them price (and purchase) straight from 3Dagogo without having to go to each site individually.

Privacy

Your use of 3Dagogo.com is subject to 3Dagogo's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting 3Dagogo.com or sending emails to 3Dagogo constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 3Dagogo is not responsible for third party access to your account that results from theft or misappropriation of your account. 3Dagogo and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

3Dagogo does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use 3Dagogo.com only with permission of a parent or guardian.

Cancellation/Refund Policy

For purchased designs, customers can request a refund within 14 days of purchase. This should be done through the Contact form on 3Dagogo.com. Requests after 14 days cannot be considered, as the designer will have already been paid for the design. Refunds will be given if the design is found to be flawed or otherwise unprintable. For designers: All payments will be held for 14-30 days after the purchase. This is to give the customer time to request refunds. After this holding period, the percentage of the sale allotted to the designer will be released. Designers should review and fill out the 'Payments' page of their account to set up when and where this money goes.

Links to third party sites/Third party services

3Dagogo.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 3Dagogo and 3Dagogo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 3Dagogo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 3Dagogo of the site or any association with its operators.

Certain services made available via 3Dagogo.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the 3Dagogo.com domain, you hereby acknowledge and consent that 3Dagogo may share such information and data with any third party with whom 3Dagogo has a contractual relationship to provide the requested product, service or functionality on behalf of 3Dagogo.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use 3Dagogo.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 3Dagogo that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as design files, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 3Dagogo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Designers:

Your account may be removed and you banned from 3Dagogo if you: Repeatedly publish designs that do not have a physical picture of the design after being printed. ALL PUBLISHED DESIGNS MUST HAVE AN IMAGE OF IT POST PRINTING, IF IT HAS NEVER BEEN PRINTED, YOU CANNOT PUT IT ON 3DAGOGO.COM.

Publish designs relating to fireable guns (models and fantasy weapons are allowed), dangerous designs, offensive designs, or overly sexually explicit material such as sexual toys.

Customers/Purchasers:

YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE SITE. 3DAGOGO CONTENT IS NOT FOR RESALE. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. Design licenses can be acquired at three levels:No license level grants ownership of the design. No license level implies exclusive use of the design.

Personal Level:

You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 3Dagogo and the copyright owner. You absolutely cannot sell or distribute the content or prints of the content. This license only grants you the ability to make 100 physical prints from the design. If you wish to make more prints, you must purchase additional licenses. You agree that you do not acquire any ownership rights in any protected content, only a personal license. We do not grant you any licenses, express or implied, to the intellectual property of 3Dagogo or our licensors except as expressly authorized by these Terms.

Acceptable examples of use: Printing physical objects to be used around the home, car, or office.

Unacceptable examples of use: Printing over 100 copies of a design. Printing items to be given away such as a giveaway at a trade show, promotional items, etc. Selling any of the prints. Owners of a Personal Level license cannot sell or distribute prints.

Business Level:

You will use protected content solely for your business or personal use (not for commercial use), and will make no other use of the content without the express written permission of 3Dagogo and the copyright owner. YOU ABSOLUTELY CANNOT SELL THE CONTENT OR PRINTS OF THE CONTENT, HOWEVER, YOU CAN DISTRIBUTE PHYSICAL PRINTS AS LONG AS YOU ARE NOT BEING PAID IN ANY WAY FOR THE ITEM(S). THIS LICENSE ONLY GRANTS YOU THE ABILITY TO MAKE 1000 PHYSICAL PRINTS FROM THE DESIGN. IF YOU WISH TO MAKE MORE PRINTS, YOU MUST PURCHASE ADDITIONAL LICENSES. You agree that you do not acquire any ownership rights in any protected content, only a business level license. We do not grant you any licenses, express or implied, to the intellectual property of 3Dagogo or our licensors except as expressly authorized by these Terms.

Acceptable examples of use: Handing out 3D printed pens at a trade show, handing out 3D printed business cards, putting 3D printed toys in grab bags to be given away at a function. These are acceptable because the owner of the Business Level license did not accept payment when distributing the prints.

Unacceptable examples of use: Making more than 1000 prints. Selling 3D printed pens, selling 3D printed toys, etc. Owners of a Business Level license cannot sell the prints.

Commercial Level:

You will use protected content solely for your commercial, business, or personal use, and will make no other use of the content without the express written permission of 3Dagogo and the copyright owner. YOU ABSOLUTELY CANNOT SELL THE CONTENT ITSELF (THE DESIGN), HOWEVER, YOU CAN DISTRIBUTE AND SELL PHYSICAL PRINTS OF THE DESIGN, AT ANY PRICE YOU SEE FIT. THIS LICENSE ONLY GRANTS YOU THE ABILITY TO MAKE 2500 PHYSICAL PRINTS FROM THE DESIGN. IF YOU WISH TO MAKE MORE PRINTS, YOU MUST PURCHASE ADDITIONAL LICENSES. You agree that you do not acquire any ownership rights in any protected content, only a commercial level license. We do not grant you any licenses, express or implied, to the intellectual property of 3Dagogo or our licensors except as expressly authorized by these Terms.

Acceptable examples of use: Selling 3D printed pens, selling 3D printed toys, etc. Owners of a Commercial Level license can sell and distribute printed copies of the design.

Unacceptable examples of use: Printing more than 2500 copies of the design. Selling or distributing the design itself (the file). Claiming they created the design or that they own the design.

Use of communication services

The Site may contain bulletin board services, blogs, blog comment areas, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

3Dagogo has no obligation to monitor the Communication Services. However, 3Dagogo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 3Dagogo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

3Dagogo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 3Dagogo's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 3Dagogo does not control or endorse the content, messages or information found in any Communication Service and, therefore, 3Dagogo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 3Dagogo spokespersons, and their views do not necessarily reflect those of 3Dagogo.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to 3Dagogo.com or posted on any 3Dagogo web page

3Dagogo does not claim ownership of the materials you provide to 3Dagogo.com (including feedback and suggestions) or post, upload, input or submit to any 3Dagogo Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting 3Dagogo, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Submission does not grant compensation, a successful sale of a design would grant compensation as outlined in this terms of service. 3Dagogo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 3Dagogo's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, sell, distribute, input or submit the Submissions.

Third Party Accounts

You will be able to connect your 3Dagogo account to third party accounts. By connecting your 3Dagogo account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by 3Dagogo from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 3Dagogo Content accessed through 3Dagogo.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless 3Dagogo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 3Dagogo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 3Dagogo in asserting any available defenses.

You agree to indemnify, defend and hold harmless 3Dagogo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any injury coming from the 3D printed designs on 3Dagogo.com, or from using a 3D printer in general. 3Dagogo is a marketplace that allows the free exchange of 3D printable designs and is not responsible for identifying the safety of each and every design uploaded to the site. Designs could have sharp edges, pieces that could break off, fire hazards, choking hazards for children, etc. You agree to take full responsibility for any physical harm that may come from the use of any designs on 3Dagogo.com

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 3DAGOGO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 3DAGOGO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 3DAGOGO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3DAGOGO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OFTHE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 3DAGOGO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

3Dagogo reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 3Dagogo as a result of this agreement or use of the Site. 3Dagogo's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 3Dagogo's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 3Dagogo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 3Dagogo with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 3Dagogo with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

3Dagogo reserves the right, in its sole discretion, to change the Terms under which 3Dagogo.com is offered. The most current version of the Terms will supersede all previous versions. 3Dagogo encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

3Dagogo welcomes your questions or comments regarding the Terms:

3Dagogo, Inc.
4761 Atlanta Dr
San Diego, California 92115

Email Address:
info@3Dagogo.com

Telephone number:
858-621-3888

Effective as of August 31, 2013