Summary: Please read these terms very carefully as they form a binding Agreement between you and stach3d.com regarding the use of our services and website. At the beginning of each section, you’ll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.
The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and the stach3d.com website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to stach3d.com and all of its subsidiaries and affiliations collectively as “stach3d.com”, “we”, “our”, “us”, etc. stach3d.com is a 3D print-on-demand company for users wanting to access a 3D Printing Service.
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have another policy and procedure including a Privacy Policy. That policy contains additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or any other Services.
If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a “Merchant”.
REGARDLESS IF YOU ARE A USER OR MERCHANT, THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS.
1. Modifications
Summary: We reserve the right to modify our terms, services, and fees. Please follow the changes to our terms by checking in with this Terms & Conditions Policy page on our website.
stach3d.com reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after stach3d.com posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after stach3d.com posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and any account information will be deleted with your written notice, including via email.
2. Content
- Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permission to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want to be submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal, or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
3. Use of Services
Summary: By using stach3d.com, you agree to use our services according to our terms and to respect the rights of our brand name, and digital items. In case we need to contact you, we’ll reach out to you via email.
We grant you a limited, non-exclusive, non-transferable, and revocable permission to use our Services, subject to this Agreement and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, provincial, federal, and international laws that may apply to you or stach3d.com. For example, it’s your responsibility to obtain any permits or licenses that you may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against stach3d.com, another stach3d.com client, or a third party. You agree not to use the Services: (i) to impersonate or attempt to impersonate stach3d.com, any other stach3d.com Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “stach3d.com Parties”: (a) stach3d.com, (b) Affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of stach3d.com, affiliated companies, and joint ventures.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to access our services. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any stach3d.com Party or expose any of them to liability. You agree that stach3d.com reserves the right to audit our systems to ensure integrity and compliance with this Agreement, at the sole discretion of stach3d.com.
4. Content and Services
- Services. stach3d.com is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:
- the Services will be secure or available at any particular time or location – stach3d.com shall not be liable for any delays, interruptions, or loss of data in connection with the use of our Site and Services.
- any errors for which stach3d.com is responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations.
You use the Services solely at your own risk.
- LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER stach3d.com NOR ANY OTHER stach3d.com PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, NOR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE stach3d.com PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
5. Responsibility of Site members and visitors
Summary: When using stach3d.com services, it’s your responsibility to follow our policies. If you violate our policies, we might restrict or even end up denying your access to our services.
Violation of this Agreement or any other rules will result in the termination of your stach3d.com Services.
stach3d.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, stach3d.com and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by stach3d.com or submitted to stach3d.com, including without limitation information in stach3d.com collaborations, posts, and in all other parts of the stach3d.com Services.
Without limiting other remedies, we may limit, suspend or terminate our Services, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed order(s). You are responsible for providing stach3d.com with accurate and truthful information (including but not limited to your name and surname if you are a User). If you have provided stach3d.com with inaccurate or false information, (a) you shall be liable to stach3d.com for damages and losses arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses to stach3d.com, and (c) stach3d.com shall have the right to charge you for such damages and losses and otherwise limit or suspend your access to the Services.
6. Purchase of Services
Summary: To make sure your orders are completed as quickly as possible, please make sure you submit the correct order details to us. stach3d.com doesn’t take responsibility for missed deliveries due to miscommunication in the delivery information.
Your order is the purchase of a Service for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Service in the same order that we have not accepted does not form part of that contract. We may choose not to accept any orders at our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products. The correct name of the recipient, delivery address and postal code, up-to-date telephone number, and email address are absolutely necessary to ensure the successful delivery of an order.
All information submitted through the form or via email must be filled in precisely and accurately. stach3d.com will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address, or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact stach3d.com.
We reserve the right to place your order on hold due to print file issues, security concerns if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is canceled, we will only make a refund if work on your order has not started yet.
7. Release
Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.
To the fullest extent permitted by law you release us and all other stach3d.com Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any stach3d.com Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by stach3d.com (or for which stach3d.com provides no guarantees) under this Agreement, or (b) for which stach3d.com is otherwise indemnified or released by you under this Agreement.
8. Indemnity
Summary: stach3d.com is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).
To the fullest extent permitted by law you will defend, indemnify, and hold stach3d.com and the other stach3d.com Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customers), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the stach3d.com Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are provided to you by stach3d.com. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
9. General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
stached3d.com at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party services to perform any Services.
If you have any questions about this Agreement, please email us at [email protected].