makexyz TERMS AND CONDITIONS
Last updated: May 2013
The following are terms and conditions of a legal agreement between you and makexyz, LLC. and its affiliates (collectively, “makexyz”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“makexyz Services” or “Services”) and the use of www.makexyz.com (the “makexyz Website” or “Website”).
By using the makexyz Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the makexyz Services and Website.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from makexyz with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any orders made by you.
"Member" means a person who is using makexyz's site, including, but not limited to "Printers" and "Customers"
"Customer" means a person who places an order for a print through makexyz
"Printer" means a person who lists their
"Order" means someone who places an order for a print job through makexyz
"Listing" means a 3D printer that is listed by a Printer
The makexyz Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website and view it in 3D.
If you want to turn print your 3D design, you can place an order through us to have it printed by a printer who has listed his or her printer at makexyz. At a charge of a service price and price for the substance used for the model, a printer manufactures the model for you (i.e., print it with 3D printing technology) in our materials and either ships it to you or holds it for you while pick-up is arrange.
Another one of our services is AN online platform through which Printers (DEFINED BELOW) may list their printers and customers may learn about and place orders with the printers. You understand and agree that makexyz is not a party to any agreements entered into between printers and customers, NOR IS makexyz A printing service bureau. makexyz HAS NO CONTROL OVER THE CONDUCT OF printers, customers AND OTHER USERS OF THE SITE AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use makexyz.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
1) Placing an order To order the model you designed or another model you found on our Website, you select the design and click the Print your Design button. Then you can select the printer you would like to use, your location, the material you would like the design to be made of, the quantity of the design that you want, and your desired delivery method. In the next step, you provide makexyz with the information the Printer needs for the delivery of the model. Finally you will enter payment information. Please be informed that the language to be used during the whole ordering process is English.
2) Unacceptable orders, cancellation of orders by us There may be technical or other reasons why makexyz or the Printer may not accept or cancel your order during the entire ordering process, even after the Printer's acceptance of your order. (Such reasons can be for example but not limited to the unfeasibility of the model, the infringing feature of your model. In case your order is cancelled, we will contact you via email and you will receive a full refund of your payment for any monies paid.
3) Payment and price The amount indicated on the ordering page includes the fee for the Service as determined by the Printer (such as printing and packing the model) and the price for the materials used to produce the model. It also includes a makexyz service fee. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are indicated in either U.S. dollars (USD) or Euro (EUR). The Printer will not perform the Services until we have received confirmation that the transfer of the amount indicated in the order confirmation form has been completed or the funds arrive on our bank account.
4) Acceptance After the Printer accepts your order, makexyz will send you an order confirmation by e-mail address associated with your makexyz account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we or the Printer cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact makexyz as soon as possible by sending an email to customer service.
5) Order Tracking We send you email updates throughout the order fulfillment process (e.g. confirmed, produced, packaged, shipped, etc). However we continuously change and improve this system.
6) Shipping and pick-up If you choose to have your order shipped, the order will be delivered to your shipping address. The printer will use his or her commercially reasonable efforts to ship the model to the shipping address within the delivery time indicated, nevertheless depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred upon delivery for the carrier for shipment.
7) Cancellation of your order, return of models Due to the personalized feature of the Printers' Services (i.e. the model is supplied by the Printers based on your specifications), after payment you cannot cancel your order. However we may consider accepting your cancellation, if you contact us via email within 10 days after your receipt of the model or when your order has not put into production yet.
In consideration for providing the Services, makexyz collects service fees from Customers (“Service Fees”). Service Fees are made up of one component: a percentage of the amount of the Order price. Where applicable, Taxes may also be charged in addition to the Order price. Balances will be remitted by makexyz to Printers via bank transfer in USD.
makexyz warrants only that the model manufactured by the Printer will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. makexyz does not give any warranty about the models and does not guarantee that the model will be fit for any particular purposes. Please inspect the model upon receipt immediately. If the model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us at firstname.lastname@example.org within 10 days after receipt of the model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the model unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.
makexyz provides the Website and the Services “as is“ and “as available”. makexyz does not warrant that the use of the Website and the Services will be uninterrupted or error free. makexyz MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, makexyz HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. PLEASE NOTE THAT THE MATERIALS PRINTERS USE FOR MANUFACTURING THE MODELS MAKE THE MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with makexyz or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of makexyz is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of makexyz. makexyz shall not be responsible in any way for the content of such other websites. makexyz provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by makexyz of the content of such websites.
Since the makexyz Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, as well as the printed model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right. makexyz has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of makexyz.
Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
makexyz strictly prohibits all users from uploading files of firearms of any kind or printing firearms of any kind through the makexyz network of 3D printers. Users who attempt to upload or print files of firearms of any kind will be banned from the makexyz network.
You, as a designer, retain all your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, makexyz shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend makexyz against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by makexyz with respect to such claims.
By uploading your 3D design to the Website, you grant makexyz a non-exclusive, royalty free worldwide transferable license on your design (i) to use it for the manufacturing of your model in order to fulfill your order and if you so indicate during the upload process: (ii) to display it on the makexyz Website; (iii) to use and modify it for the manufacturing of your model in order to fulfill the order of any other Website user. You can change the rights (ii) and (iii) by emailing email@example.com at any time. With regard to such non-published 3D design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, , we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.
makexyz does not endorse any Printers. In addition, although these Terms require Printers to provide accurate information, we do not attempt to confirm, and do not confirm, any Printer’s purported identity or their printing abilities. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
makexyz does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to craigslist, and, if you create an account on makexyz, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold makexyz and makexyz Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to makexyz, and related to or arising out of any conduct or activities on, through or by use of your makexyz account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by makexyz or makexyz Representatives.
IF YOU CHOOSE TO USE THE SITE OR SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MAKEXYZ DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND PRINTERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAKEXYZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAKEXYZ MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE PRINTERS OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAKEXYZ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRINTERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAKEXYZ OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CUSTOMERS OR PRINTERS. YOU UNDERSTAND THAT MAKEXYZ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. MAKEXYZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PRINTERS AND CUSTOMERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MAKEXYZ. MAKEXYZ EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR PRINTER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR ORDERING VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MAKEXYZ WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MAKEXYZ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PRINTERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE MAKEXYZ HOST GUARANTEE, IN NO EVENT WILL MAKEXYZ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY PRINTER OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR ORDER VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PRINTER, THE AMOUNTS PAID BY CUSTOMER TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAKEXYZ AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold makexyz and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Ordering a print, (iii) creation of a Listing, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an order and (d) your participation in the Referral Program or your accrual of any Airbnb Travel Credits.
makexyz reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service. miscellaneous
These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by makexyz represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and makexyz. No amendment of these Terms and Conditions shall be binding upon makexyz unless in writing and signed by makexyz. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions. contact information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email sending an email to firstname.lastname@example.org.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. makexyz MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
© 2013 makexyz