The Agreement is effective from the date of acceptance by you ("Effective Date").
Section I General Provisions
1.5. If you do not agree to the terms and conditions of this Agreement, DO NOT access the Website or use the Services.
1.6. By accessing the Website, you acknowledge to have read, understood and that you agree with these Terms and you conclude the Agreement.
1.7. The language of the Agreement and the language for communication with Threeding is English. Threeding may provide the text of the Agreement or communicate also in other languages; however such translations are for your convenience only and that the English-language versions of the Agreement will govern your relationship with Threeding. If there is any contradiction between the English-language version of the Agreement and a translation, the English-language version shall always prevail.
Section II Definitions
For purposes of this Agreement, the following terms shall have the following meaning:
2.1. Threeding (or We) shall mean Threeding solely owned limited liability company (Threeding EOOD) existing under the laws of Bulgaria, whose registration number is 2008112412, VAT number BG 2008112412, place of business 3 Prof. Georgi Bradistilov str., entrance A, fl.2, office 9, Sofia 1700, Bulgaria.
2.3. Website shall mean the website located at http://www.threeding.com and any subdomain names.
2.4. Services shall mean all services provided by Threeding through the Website including display, sale, free distribution of 3D Printing ModelPrinting Model, providing service as marketplace, 3D printing service and other services.
2.5. Content shall mean 3D files, text, software, scripts, photos, graphics and other materials you access or contribute to the Website.
2.6. 3D Printing Model3D Printing Model shall mean digital graphics that use a three-dimensional representation of geometric data, or mathematical representation of three dimension objects, or computer-aided design in the form of computer files which are printable via 3D printing technologies.
2.7. Supplementary Content shall mean pictures, descriptions, video or other content which gives additional information about certain 3D Printing Model.
2.8. Threeding Account shall mean an individual account created in the Website which allows Users to authenticate to the system services and be granted authorization to access them.
2.10. Guest User shall mean a User without Threeding Account.
2.11. Registered User shall mean User with registered Threeding account.
2.12. User-Content Provider shall mean Registered User who contributes 3D Printing Model.
2.13. User Buyer shall mean Registered User who purchases/downloads 3D Printing Model.
2.14. VAT shall mean Value Added Tax.
2.15. EEA shall mean the European Economic Area which includes all European Union members states plus Iceland, Liechtenstein and Norway.
2.16. Checkout shall mean process of payment for 3D Printing Model via credit card, or Paypal or other payment method, accepted by Threeding.
2.17. Intellectual property (IP) shall mean a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.
2.18. Payment Window shall mean the time period when Threeding pays its obligations to its clients. Usually the time window between the fifth and the tenth day of each month.
2.19. Dormant revenue shall mean revenue which has not been requested for a period of 1 years.
2.20. 3D print shall mean a physical object produced by 3D printing technology.
2.21. 3D Printing on demand shall mean a service that provides 3D printing of models without their listing.
3.2. By clicking “I agree” or “Sign-Up” button while you create your Threeding Account you agree with the Terms and signify the legally binding agreement between you and Threeding.
3.2.1. In order to click “I Agree” or “Sign-Up” you should provide certain information such as your name, email, etc. This information should be accurate and by clicking “I Agree” or “Sign-Up” you declare its accuracy.
3.2.2. You can amend the above information from the Dashboard panel in your account.
3.2.3. After you clicking “I agree” or “Sign-Up” button you will receive an email confirmation from us.
3.3. You also accept and agree with the Terms and signify the legally binding agreement between you and Threeding by simple use of the Website and the Services for this part of the Services which does not require a Threeding Account.
3.4. You cannot accept the Agreement and therefore, access the Website and use the Services if you do not have rights to enter such agreement (for example you are not of legal age to form a binding contract) or you do not accept any of the provisions of these Terms.
3.5. You are advised to print copy of this document for your personal records.
3.6. If you do not understand these Terms or have any doubts you should consult your own legal advisors.
Section IV General Rights and Obligations
4.1. Threeding hereby gives you the right to access the Website and use the Services under the conditions of these Terms.
4.2. You agree on the following general conditions:
a) You agree not to distribute in any part of the Content without Threeding's prior written authorization or the authorization of the User-Content Provider.
b) You agree not to alter or modify any part of the Website and/or the Service.
c) You agree not to access Content through any technology or manner other than the ones designated by Threeding.
d) You agree not to use the Website and the Services for any commercial uses except the ones agreed with this Agreement and unless you obtain our prior written approval.
e) You agree not to use or launch any automated system, including without limitation, "robots", "spiders," or "offline readers" that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
f) You agree not to collect any personal data of any Users of the Website.
g) You shall not copy, reproduce, distribute, transmit, display, sell or in any other manner exploit the content without the prior written consent of Threeding or the content provider, unless this is in accordance to these Terms.
h) You understand and acknowledge that by using the Website and the Services, you may be exposed to Content that is factually inaccurate, indecent, offensive, or in any way objectionable to you. You agree to waive any legal rights or remedies you may have against Threeding in respect to any such content.
j) You agree Threeding to share personal information with third parties to perform certain activities on our behalf such as accounting, marketing assistance, sending e-mail, analyzing data, providing search results, processing credit card payments, providing customer service. Third parties will not use this information for other purposes.
k) You agree that you will comply with any other provisions of the Terms.
4.3. Threeding reserves the right unilaterally to discontinue, or stop, or change the Website or any aspect of the Services at any time without prior notice.
4.4. Threeding shall grant permission to public search engines (for example www.google.com or www.bing.com) to use spiders and copy content from the site for the sole purpose to create searchable indices of the materials.
4.5. You agree that you are solely responsible of any breach of your obligation under these Terms and the possible consequences.
4.6. You agree that in no event Threeding, its affiliates, representatives, employees and/or shareholders shall be liable for any direct, indirect, punitive, consequential or any damages arising in any way from the use of the Website and the Services.
4.7. You acknowledge and agree that although Threeding does all reasonable effort to ensure that the 3D Printing Model and related information are accurate and reliable, Threeding does not have control over the quality and legality of any 3D Printing Model. It is your responsibility to ensure the quality and the legality of the 3D Printing Model you use and Threeding has no liability on this matter.
4.8. Threeding reserves the right to terminate users’ account or access in event of a repeated breach of the Terms. Termination could be initiated by different events including intellectual property infringement, sale of illegal or inappropriate content, other breaches of these Terms.
4.9. Unless otherwise provided in this Terms, Threeding acts as a venue to allow users, who comply with Threeding's policies to offer, sell and buy certain goods within.
Section V Links to other websites
5.1. The Website may include hyperlinks (links) to other web sites controlled by third parties. Threeding has no control over them and shall assume no responsibility for the content, privacy policies, or practices of any third party websites.
5.2. You acknowledge and agree that Threeding shall not be liable for any loss or damage which may be incurred from such websites.
Section VI Exclusion of Warranties
6.1. The Service is provided "as is" and Threeding undertakes no warranty or representation to you with respect to the Service. Threeding does not represent or warrant to you that:
(1) the Content is technically, ethically and/or legally appropriate;
(2) the 3D Printing Model is technically printable and the User-Content Provider has all rights to sell or distribute it for free;
(3) your use of the Services will meet your requirements;
(4) your use of the Services will be uninterrupted, timely, secure or free from errors;
(5) the information obtained by the Website will be accurate or reliable.
6.2. Nothing in the Terms shall affect any rights that you may be entitled to in your capacity as a consumer and that you cannot contractually agree to alter or waive.
Section VII Limitation of Liability
7.1. Threeding shall not be liable to you for any direct, indirect or consequential damages which may be incurred by you in result of any event, including, but not only:
(1) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(2) any changes in the Website and the Services;
(3) any permanent or temporary cessation of the Website or the Services;
(4) the deletion of, corruption of, or failure to store any 3D Printing Model;
(5) your failure to keep your password and other Threeding account details secure and confidential.
7.2. We will not be liable for any (i) loss of profit (direct or indirect); (ii) loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any of otherdamages suffered by you as a result of your use of the Website or the Services;
7.3. Nothing in these Terms shall exclude or limit Threeding's liability for losses which may not be lawfully excluded or limited by applicable law.
Section VIII Threeding Account
8. 1. In order to access all functionalities of the Website, you shall sign-up to a Threeding Account.
8.2. You must provide accurate and complete information while creating your account.
8.4. It is your exclusive responsibility to keep secure your Threeding Account login credentials (username and password). In case of security breach or unauthorized access or a suspicion thereof you must notify Threeding immediately. Informing Threeding does not transfer any liability to the Threeding in respect to the account breach.
8.5. You are solely responsible for the activity that occurs on your Threeding Account.
8.6. If you are the provider or beneficiary of 3D Printing Model you must create Threeding account. Your User Name shall not be related to Threeding, administrator, CEO or any other name which may associate you to the Website, or be offensive, misleading, etc. Threeding reserves the right to terminate any such account on its own discretion.
8.7. You agree to use only one Threeding Account to upload, sell and/or distribute 3D Printing Model. Owning second or more accounts is forbidden. Some of the your personal data is required for individualization purpose.
8.8. Using someone else’s Threeding Account is forbidden.
8.9. You shall provide accurate and complete information while creating Threeding account and update it regularly.
8.10. You can login through your login credentials from a third party website such as Facebook, Twitter and Google. Nevertheless, first time registration is required for tax purposes.
Section IX Use of the Website by Guest Users
9.1. Guest Users may use some of the Services provided by Threeding.
9.2. Guest Users have the same obligations as any other Users of this Website.
9.3. Guest Users may have access to certain services, including but not only:
(1) Browsing through the Web.
(2) Review reviews and ratings.
9.4. Guest Users access the permitted Services the same way as User with Threeding Account.
9.5. Guest Users may be restricted to use certain services, including but not only:
(1) To download 3D Printing Model.
(2) To upload 3D Printing Model.
(3) To access private model.
(4) Other features.
Section X Content View
10.1. All users are allowed to view Supplementary Content and other content. Some Content may be limited by Users–Content providers.
10.2. Viewing Supplementary Content is free of charge.
10.3 Viewing the Website and its Content may expose you to different type of advertisement and marketing materials and you agree with that.
Section XI Upload, Remove, Sale and Free Distribution of 3D Printing Model
11.1. Any Registered User may upload, sell, freely distribute and download 3D Printing Model through the Website.
11.2. You agree and warrant that you will not upload 3D Printing Model which contains any third party Intellectual Property (IP) rights, such as without limitation, copyright, design, patent, trademark, logo or other property rights materials unless you have a formal license or legal entitlement to post, sell or take other legal actions in respect to this 3D Printing Model. You are fully responsible and undertake to compensate any damages incurred by Threeding, another User or any third party arising out of your breach of this warranty due to claims of the respective IP right holders.
11.3. You agree to upload only 3D Printing Model suitable for 3D Printing. Content not suitable for 3D printing will be removed from the Website. All buyers of inaccurate content will be reimbursed the price paid for the respective 3D Printing Model at the expense of the User-Content Provider. For any further damages, arising out of an inaccurate content the User-buyer shall direct its claims against the User-Content Provider and Threeding assumes no responsibility in this respect whatsoever.
11.4. You agree to upload 3D Printing Model in one of the following 3D file formats:
If the 3D Printing Model includes textures, you should upload all files in ZIP or RAR format.
If your 3D Printing Model is multiparts, all parts must be included in one 3D file.
Each file cannot excide size of 65MB.
11.5. You represent that you have (and continue to have while you use the Service) all necessary rights, titles, licenses, permissions, etc to enable Threeding to use the Content for the purposes of the Service. By uploading any 3D Printing Model you license Threeding all necessary rights to sell 3D Printing Model on your behalf either as a digital model or as a physical 3D print.
11.6. You retain all your rights in your 3D Printing Model, but by uploading your 3D Printing Model you grant to Threeding and all Users–Buyers the right to use the respective 3D Printing Model to the extent necessary for provision of the Services.
11.7. You understand and agree that you are solely responsible for your Content and the consequences of uploading, selling or distributing it for free. Threeding DOES NOT endorse any 3D Printing Model or any advice, recommendation, opinion or whatsoever and Threeding disclaims any liabilities in connection to User’s 3D Printing Model. Threeding is not responsible for any of the content uploaded and stored by you.
11.8. You agree that you will not upload any 3D Printing Model which is unlawful in the country in which you are resident or which is considered inappropriate by Threeding. Threeding considers inappropriate the following:
(1) 3D Printing Model, which is infringing intellectual property rights.
(2) Blueprints or parts of firearms. You can only upload shells of weapons with no mechanism inside.
(3) Pornographic and obscenity content (not applicable for art works).
(4) Racialist content (not applicable for historical objects).
(5) Other offensive or inappropriate content.
11.9. Upon becoming aware of any potential violation of these Terms, Threeding reserves the right (but shall have no obligations) to decide whether a specific 3D Printing Model complies with the 3D Printing Model requirements set in these Terms and may remove such 3D Printing Model and/or terminate your access to the Services at its sole discretion and without prior notice.
11.10. For any 3D Printing Model you upload in the Website, you grant, and represent that you have the authority and right to grant, to us a non-exclusive, worldwide, license to use your 3D Printing Model in anyway related to the Services and its promotion including but not only to display it on the Website, reproduce it, set prices, sell it on User-Content Provider’s behalf, use any trademarks, provide it to third parties in order to facilitate the Service, etc.
11.11. You grant the User/Buyer of your paid 3D Printing Model a non-exclusive, worldwide license to use your 3D Printing Model in any non-commercial manner, unless you specifically allow commercial use of the model in your description of the model. If you grant commercial use of the model, the User/Buyer may make 3D printed versions of the model and:
(1) reproduce, post, promote, license, sell, publicly display for commercial purposes.
(2) sell or use in any commercial way the 3D printed versions of the model.
(3) use any trademarks, service marks or trade names that you have incorporated into your 3D Printed Model.
(4) use the name of your 3D Printed Model.
11.12. By uploading 3D Printing Model you agree to provide Supplementary Content about your 3D Printing Model. The Supplementary Content should include name, descriptions, pictures, etc. You must also upload pictures of the object in .jpg or .png format. You must also select one or more categories which your 3D Printing Model referees to. All Supplementary Content has to be accurate to the 3D Printing Model. If the Supplementary content is not accurate, Threeding may remove such 3D Printing Model.
11.13. Uploaded content shall be published on the Website and thus visible for other users within 72 hours after upload.
11.14 You can remove partial or all of the content you have uploaded at any time. However, you agree that Threeding will keep a copy of your 3D Printing Model and will provide a copy/copies of those Users who have already purchased it. Copies shall not be kept for 3D Printing Model which has been distributed for free.
11.15 You may either sell your 3D Printing Model in the form of digital model (file) or distributing it for free (with no charge). If you do not specify a price your 3D Printing Model shall be automatically considered as free content. Your model can be sold as physical 3D print under these Terms, You can also restrict your 3D Printing Model from downloading and it will be available only for 3D print.
11.16. You may define your sales price either in USD or EUR. It’s your own decision what should be the price of your own content. However, Threeding has a minimum threshold of USD 0.99 or EUR 0.99 and maximum USD 999 or EUR 699. You can change the price from time to time but all orders submitted but before such change and paid afterword will be processed at the initial price.
11.17. By selling 3D Printing Model via the Website you act as seller toward the buyer. You agree that Threeding will act as your broker and intermediate the transaction between you and the buyer and not as a seller or buyer of Content. This means that Threeding is NOT a party of any sell of your 3D Printing Modelunless something else is specified in these Terms.
11.18. You agree to pay Threeding a commission fee for every sale of your 3D Printing Model done through the Website. The standard commission fee rate is 8.5% of the sale price but minimum USD 0.45/ EUR 0.45. However, this commission may be lower for nonprofit organizations such as museums, educational organizations, foundations, private collector, etc. If you are such, please contact us. The commission may be higher if Threeding helps you to prepare your models in a 3D printing friendly format. Nonstandard commission shall be agreed with an individual appendix to this agreement in the form of email exchange. All commissions include sale tax (VAT).
11.19. You agree and authorize Threeding to collect your sales revenue on your behalf.
11.20. You agree and authorize Threeding to transfer your revenue on a monthly basis.
(1) Your revenue should be above USD 15.00 or EUR 10.00. Your revenue will be calculated on the last date of each month and it will be paid during the Payment window on the following month. If your revenue is below USD 15.00 or EUR 10.00, it will be considered as revenue received on the following month and be paid during the respective Payment window.
(2) If you have selected a payment method bank transfer, an additional fee will be imbedded. Depending on the currency of your revenue, the fee would be USD 35.00 or EUR 25. Therefore, in order to receive your revenue via bank wire it should be above USD 50 or EUR 35.
(3) You agree that Threeding will hold any payments whenever doubts about fraud or abuse exist until the opposite is proven.
11.21. Threeding will transfer your revenue through the following payment methods, specified by you in your Threeding account:
(1) Paypal. Paypal is payment method which Threeding recommends. Your email associated with your Paypal account must be identical with the email address associated with your Threeding account. All charges (if any) related to this payment will be paid by you.
(2) Via Bank transfer. Threeding will charge you an additional fee of USD 35.00/EUR 25.00 for every bank transfer. Therefore, your balance should be above this amount. In order to receive your sales revenue via bank transfer, you must provide a full name of the bank account holder, bank account number, bank name and full address and BIC/SWIFT code. The bank account holder must be you. To avoid potential fraud or money laundering, Threeding will not wire funds to third party’s accounts.
11.22. If you do not specify a payment method or your payment is rejected, Threeding will keep your funds on your behalf until you specify one. If you do not specify a payment method within one year after your first sale, your revenue will be considered dormant revenue and Threeding will apply a charge of USD 15.00/ EUR 10.00 per month.
11.23. After a sale of your 3D Printing Model via the Website, you will receive a notice for the deal via email.
11.24. You agree that it is your liability to pay all taxes, duties and obligations applicable to the residents of the country in which you are resident. Threeding does not have any responsibility and liability to your tax obligations.
11.25. You agree that Threeding may sell advertisement space and it may appear on the same page where your 3D Printing Model appears. You are not entitled to any income from this advertisement activity.
11.26. You agree and give Threeding the right to use your 3D Printing Model and Supplementary Content for advertisement and marketing purposes in any possible manner, including to give access to 3D Printing Model and Supplementary Content to third parties.
11.27. You agree that Threeding may buy your 3D Printing Model on an arm’s length basis or use your free 3D Printing Model to produce and sell physical objects via the Website. For those transactions Threeding will continue charging its commission set at art. 11.18 of these Terms and you will not be entitled to any profit generated from the printing service.
Section XII 3D Printing Model Purchase
12.1. All Registered Users are allowed to purchase 3D Printing Model from the Website under these Terms.
12.2. You may purchase 3D Printing Model by adding to your shopping cart 3D Printing Model you desire and checkout lately or you may buy the desired content immediately.
12.3. All prices you see for 3D Printing Models are indicative and we, as well as the User-Content Provider, reserve the right to change them without prior notice. Prices may vary daily due to the will of User-Content Providers or EURUSD fluctuations, changes of taxes, etc.
12.4. Threeding is not seller of 3D Printing Models and therefore does not issue official invoices of such purchases.
12.5. All prices are indicated in either U.S. dollars (USD) or Euro (EUR) depending on User-Content Provider preferences. Depending on your location or your wish you will see prices either in EUR or USD converted at certain exchange rate whenever applicable.
12.6. If you do not pay in the currency shown for the 3D Printing Model, the currency conversion will be handled by your credit card issuer or Paypal. Threeding shall not be liable for any losses arising from currency conversion.
12.7. You may purchase 3D Printing Model via credit card, Paypal, or a bank transfer.
12.8. Credit card payments. We accept the major payment card brands, which are specified on the Website. All your payments will be processed by a PCI DSS certified payment processor and Threeding will not receive, handle, access, storage or be able use any information related to your credit card.
12.10. Bank transfer. You can pay your order via bank transfer. In this case your order will be proceeded only after we receive your payment which may take several days.
12.11. Once we receive authorization of your payment you will be able to download your purchase/s. Apart from the case when you pay via bank transfer, our process is set in a manner this to happen simultaneously. However, from time to time a lag may occur. The moment of receiving your payment shall be considered as the moment of the particular purchase contract is concluded between you and the seller (the respective User-Content Provider).
12.12. The buyer of a 3D Printing Model has the following rights:
(1) To produce prints of the model for personal, non-commercial purposes.
(2) To use any trademarks, service marks or trade names incorporated in the purchased 3D Printing Model for the purposes of its printing;
(3) To use the name of the 3D Printing Model.
(4) The buyer of a 3D Printing Model may only use the models for commercial purposes (including but not only to reproduce, sell or publicly display the 3D printed models), if the Seller specifically states in the description of the model that commercial use is permitted.
12.13. You understand and agree that you are prohibited from a resale or redistribution of any 3D Printing Model obtained from the Website, whether purchased or freely downloaded.
12.14. You understand and agree that certain 3D Printing Model may contain third party copyrights or trademarked material and may require additional licensing, permissions, releases, or rights clearance for any non-editorial use. You should consider this and obtain such rights, if necessary, before purchasing, downloading or using any Content.
12.15 You can re-download your purchases within one year after the purchase. However, the 3D Printing Model may become unavailable due to restriction from the User-Content Provider. In such case you are not entitled to a refund.
12.16. Purchases and all rights that stem from it shall be terminated immediately and without notice if the purchase is canceled or terminated for any reason.
12.17. You understand and agree that Threeding DOES NOT endorse any 3D Printing Model or any advice, recommendation, opinion or whatsoever and Threeding disclaims any liabilities in connection to 3D Printing Model uploaded by Users-content providers. Nevertheless Threeding has taken measures to prevent any dissatisfaction from purchase of 3D Printing Model. If you believe that you have been deceived with your purchase by the User-content provider, within 72 hours of your purchase you can start a complaint resolution procedure with the seller as described in Section XIII and you can get fully reimbursed.
12.18. For any damages, arising out of an inaccurate content the User-buyer shall direct its claims against the User-Content Provider and Threeding assumes no responsibility in this respect whatsoever.
12.19. Purchased 3D Printing Model cannot be refunded, unless the buyer has been misled.
Section XIII Complaints resolution procedure and refunding
13.1. Threeding DOES NOT endorse any 3D Printing Model or any advice, recommendation, opinion or whatsoever and Threeding disclaims any liabilities in connection to 3D Printing Model uploaded by Users-content providers. Refunds should be paid only after a Complaint resolution procedure takes place, on the account of the respective User-content provider. All purchases could be subject to Complaints resolution procedure within 72 hours after purchase.
13.2. Any User-buyer can start a Complaints resolution procedure if encounter either of these problems:
a) The 3D Printing Model is completely different from the User-Content Provider described in Supplementary Content.
b) The 3D Printing Model is significantly different from what the User-Content Provider described in Supplementary Content.
c) Corrupted file. For example, it cannot be opened, it contain viruses, etc.
d) The 3D Printing Model is not 3D printable.
e) The 3D Printing Model is infringing intellectual property rights.
13.3. User-buyers may submit a complaint within 72 hours after purchase by sending us an email or through our complaint tool. The complaint should contain the following information: name of disputed 3D Printing Model, receipt number and description of the claim. Complaints received 72h after the purchase will be rejected.
13.4. Once we receive a complaint, we will cease the payment to the 3D Printing Model provider, inform the User-Content Provider about the dispute via email and start investigation. The investigation could take up to 48h after submission. During the investigation the User-Content Provider may object and submit contra arguments against the claim.
13.5. Our team will review the complaint and the contra arguments within 48 hours and announce its resolution to the both parties via email. If our team finds that the claim is lawful, the User-buyer will be reimbursed, while the User-Content Provider will not receive the payment related to the content. Furthermore, Threeding will remove the 3D Printing Model from the Website, will charge the User-Content Provider a fee of EUR 3.00 / USD 5.00 and may terminate its agreement with the User-Content Provider.
13.6. Threeding will reimburse the User-Buyer within 10 days after the resolution is issued. To receive a reimbursement, the User-buyer should provide a Paypal account.
13.7. Apart from the cases described in this Section, the User-buyers are not entitled of refund.
Section XIV Download Free 3D Printing Models
14.1. Some of the 3D Printing Model available on the Website is free to download. You must be a Registered Users in order to download free 3D Printing Model.
14.2. Free 3D Printing Model may be used only for personal non-commercial use. Commercial-use is only granted for paid 3D Printing Model.
Section XV Threeding’s own 3D Printing Model
15.1. Some of the 3D Printing Model may be owned, sold or distributed directly by Threeding.
15.2. Threeding’s own content is available on the Website under User “Threeding”.
15.2. While selling own 3D Printing Model, Threeding will act as a seller. VAT for such sales shall be applied to all buyers from EU members’ states. If you are VAT registered in any EU Member states, please contact us directly for purchase and VAT invoice.
Section XVI Purchase of Physical 3D Prints
16.1. Most of the 3D Printing Model can be purchased as physical 3D prints. Some of the 3D Printing Model may be restricted to 3D print only and may not be downloadable.
16.2 Threeding is the merchant of record for sales of 3D prints and acts on its own behalf. For those transactions Threeding purchases from Users-Content Providers or uses free 3D Printing Model, produces physical 3D Prints and sales the 3D print directly to the buyer.
16.3. 3D Prints may be produced by Threeding or a third party.
16.4. Purchase process. Unless something else is provided in this Section, purchase follows the rules set in Section
XII 3D Printing Model Purchase
16.5. All buyers from EU member states are subject to EU VAT taxation and VAT will be applied during check-out. VAT registered persons should contact us directly for an invoice.
16.6. For any delivery outside of EU, customs duties and formalities will, unless indication is given to the contrary on the order form, be covered exclusively by you and undertake to verify the possibility of importing the products to the delivery country.
16.7. Threeding ships 3D prints world-wide. Shipping fees are automatically displayed and depend on the amount of the order and the location of the buyer. Shipping time shown on the Website is indicative and may take longer. In case of delay, Threeding shall inform inform you.
16.8. Threeding will do its best efforts so that the 3D print represent what is described in the Supplementary Content (2D and 3D images). However, the 3D Print may vary from their presentation. Differences may result from the colour quality of the photos, the difficulty of showing on screen the texture of a material or, without limitation, technical adaptation. These differences should not be interpreted as lack of conformity and shall not justify a cancellation of the sale except in circumstances where differences concern an essential feature of the 3D Print and affect its quality.
16.9. Order cancelation is not possible. If the ordered 3D print is not yet processed, Threeding shall make every reasonable effort to cancel the order and so not to print it and no bill it, at the only exception that no action was taken in prevision of this order (as for example, and without this list being exhaustive: exceptional supply, temporary staff hiring, etc).
16.10. Threeding reserves the right to refuse any order of 3D print that are offensive, or are infringing a 3rd intellectual property. In the event that the buyer or seller believes that the models has been refused even if it complies with this article, he is invited to contact us to explain his case.
16.11. In case the materials used for the 3D printing requested by the buyer are unavailable or in event of breakdown of the equipment, Threeding undertakes to offer 3D print in a similar material or to refund the missing 3D Print within 30 days. In such event Threeding will inform the buyer.
16.12. The 3D Prints printed are intended for decoration and Threeding does not guarantee any quality and does not offer any warranty of 3D prints.
16.13. You agree and recognizes that, with the full scope of the applicable regulations, Threeding cannot be held responsible for direct, indirect, fortuitous damage, or compensation for moral harm, cost, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using 3D Prints produced by Threeding.In any event, Threeding’s liability shall be limited to the total amount paid by you for the 3D Print order.
16.14. Ownership of the 3D Prints, and the associated risks, will be transferred to you as soon as you receive them.
Section XVII 3D Printing on demand
17.1. Registered Users can use Threeding’s platform to 3D print their own models without listing them for sale.
17.2. Fee. Threeding’s fee is included in the production price.
17.2. Ordering process. Unless something else is provided in this Section, the purchase process follows the rules set in Section XII 3D Printing Model Purchase and Section XVI Purchase of Physical 3D Prints.
Section XVIII Copyright and other intellectual property policy
18.1. Threeding is strictly against any 3D Printing Models that are alleged to infringe the copyright or other intellectual property rights of a third party. In this connection Threeding has adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized content and for the account termination of users of our Website who are repeat infringers of intellectual property or who repeatedly submit unauthorized content. Our policy is pursuant to the Bulgarian Law, EU Electronic Commerce Directive 2000 and US Digital Millennium Copyright Act.
18.2. If you believe your intellectual property (3D Printing Model) has been posted on the Website without proper authorization, and wish to have the allegedly infringing or unauthorized material removed, you may submit an intellection property infringement notification. The following information in the form of a written notification must be provided to Threeding’s Content Agent:
1. identification of the 3D Printing Model or rights that you claim to have been infringed;
2. information to allow us to locate such material;
3. your address, phone number, and e-mail;
4. a statement that you have a good faith belief that use of the objectionable 3D Printing Model is not authorized by the intellectual property owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the intellectual property that has allegedly been infringed or violated or that you are authorized to act on behalf of the owner of the intellectual property ; and
6. your physical or electronic signature.
The notification should only be submitted by the owner of the intellectual property or an agent authorized to act on the owner’s behalf
Please note that, any misrepresentation of material fact in a written notification will subject the complaining party to liability for any damages and costs in connection with the written notification and allegation of copyright infringement.
Please send your notification to Threeding’s Content Agent:
Designated Agent: Michael Atanasoff
Notification that fails to comply with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing or otherwise unauthorized activity is apparent.
18.3. Upon receipt of proper notification, we will inform the User-Content Provider and request his/her statement. If your notification is justified, Threeding will remove any 3D Printing Model if any intellectual property right is infringed.
18.4. If appropriate, Threeding will terminate user’s access to the website if a user has been proven to be a repeated infringer.
Section XIX Amendment of this Agreement
19.1. You agree that Threeding is entitled to unilaterally amend these Terms from time to time, in case that the Services is upgraded or amended or there are amendments to the legislation applicable to the Services or the business of Threeding or a public authority or other entity has requested or instructed Threeding to amend the Terms. The amendments to the Agreement enter into force on the date of publishing on the Website. Therefore you must review the Terms regularly to check for such changes. The amended version of the Terms will be posted at http://threeding.com/terms. Threeding may (but it is not obligated) to send you an email notification for any changes in the Terms.
19.2. If you do not agree to the amendments you must stop using the Website and/or Service. Your continued use of the Website and/or Services after the date the amendments are posted will constitute your acceptance of the new Terms. If you do not agree to the amendments but you have funds in your Threeding account, you should terminate your Threeding account. You will receive your funds on the first payment window after the termination.
Section XX Termination of this Agreement
20.1 The terms of this agreement shall continue to apply until the Agreement is terminated.
20.2 You can terminate this agreement unilaterally by (1) notifying us at any time by sending a note, in writing, to Threeding’s address which is set out at the beginning of these Terms or (2) terminate your Threeding account or stop using the Services.
20.3 Threeding may terminate this legal agreement unilaterally, if you:
a) have breached any provision of the Terms or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; or
b) Threeding is required to do so by law; or
c) Threeding stops providing the Services to users in the country in which you are resident; or
d) Threeding stops providing services;
e) In any case Threeding shall, where possible and if possible, give reasonable notice of such termination.
20.4. When this Agreement is terminated, all of the legal rights, obligations and liabilities that you and Threeding have benefited over time or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
20.5. If this Agreement is terminated but you still have a revenue kept by Threeding, you will receive it during the first payment window of the month following the termination date. In this case you will be charged an additional fee of USD 1.50 or EUR 1.00.
Section XXI Miscellaneous
21.1. These Terms completely replace any prior Agreements between you and Threeding in relation to the Services.
21.2. You agree that Threeding may provide you (but we don’t have obligation) with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
21.3. In case of breach of the obligations under this Agreement, the delinquent party should indemnify the other party for all damages occurred.
21.4. You agree that if Threeding does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Threeding has the benefit of under any applicable law), this will not be taken to be a formal waiver of Threeding's rights and that those rights or remedies will still be available to Threeding.
21.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the terms. The remaining provisions of these Terms will continue to be valid and enforceable.
21.6. Your agreement with Threeding shall be governed by the Bulgarian law. You and Threeding agree to submit to the exclusive jurisdiction of the competent Courts of Sofia, Bulgaria, to resolve any legal disputes arising from the agreement.
These Terms are effective from November 3, 2015