Welcome to the website and online service of 3D Control Systems, Inc. (“3DPrinterOS,” “we,” or “us”).

By accessing or using the Service, or if applicable, by clicking “I ACCEPT,” you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This Agreement applies to all visitors, users, and others who access the Service.

3DPrinterOS reserves the right, at its sole discretion, to alter or update these Terms of Use and/or the 3DPrinterOS Service at any time with or without notice including, without limitations, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. By continuing to use the 3DPrinterOS Service after any such changes, you agree to be bound by subsequent changes and acknowledge that 3DPrinterOS shall have no liability to you as a result of any such changes.

This website and any variations or successors to this website (“3DPrinterOS Site”) are owned by 3DPrinterOS. Any 3DPrinterOS computer software downloadable or otherwise available from the 3DPrinterOS Site (“3DPrinterOS Software”) is provided under these Terms of Use. Any 3DPrinterOS Service purchased or otherwise provided from the 3DPrinterOS Site are subject to the additional terms of any applicable services agreement. These Terms of Use apply to all Users of the 3DPrinterOS Site, the 3DPrinterOS Software and the 3DPrinterOS Services (collectively, the “3DPrinterOS Properties”).

By using the 3DPrinterOS Properties you agree to be bound by these Terms of Use. By using the 3DPrinterOS Properties on behalf of an organization, you agree to be bound by these Terms of Use, bind that organization to these Terms of Use, and promise that you have the authority to bind that organization to the these Terms of Use. When using the 3DPrinterOS Properties on behalf of an organization, “You” and “Your” will refer to that organization. If you do not agree to these Terms of Use, do not use the 3DPrinterOS Properties.

You may use the 3DPrinterOS Properties solely for your non-commercial, personal use only. No part of the 3DPrinterOS Properties, including any materials incorporated therein, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, service, website or other medium for publication or distribution or for any commercial enterprise, without 3DPrinterOS’s express prior written consent.

Your use of the 3DPrinterOS Properties is governed by these Terms of Use, our Privacy Policy, any applicable country specific terms, and the terms of your order or individual services. Your order or request for services may have additional terms that apply to the particular services in your order. When using the term “Agreement” in any of the order, 3DPrinterOS services, privacy policy or other terms we are referring collectively to all of them, including any product specific terms that apply to the 3DPrinterOS Properties.

1. Definitions

1. “3DPrinterOS Service” as used in these Terms of Use shall mean any 3D printing services that enables a User to (1) upload content to the 3DPrinterOS Site, (2) list a manufacturing machine or service on the 3DPrinterOS Site (3) print an object using the 3DPrinterOS Site or (4) use 3DPrinterOS Software in any manner.
2. “3DPrinterOS Site” as used in these Terms of Use shall include but is not limited to any URL that begins with or includes “3dprinteros”, “www.3dcontrolsystems” or “www.cloud.3dprinteros.com”.
3. “3DPrinterOS Software” as used in these Terms of Use shall mean any computer software downloadable, executable or otherwise available for use from the 3DPrinterOS Site.
4. “3DPrinterOS Properties” as used in these Terms of Use shall mean any one of or the collection of the 3DPrinterOS Service, the 3DPrinterOS Site and the 3DPrinterOS Software.
5. “Content” as used in these Terms of Use shall mean any and all data and any intellectual property contained in such data uploaded, transmitted, or otherwise provided by You or Your agents, in connection with the Services.
6. “Contracts” as used in these Terms of Use shall mean any contract signed by both 3D Control Systems, Inc and customer.
7. “Prohibited Content” as used in these Terms of Use shall mean content that (i) promotes illegal activity, or provides instructions for illegal activity; (ii) exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (iii) You do not have the right to use for the purposes of the Services, including to Content that You do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships including but not limited to inside information and confidential information learned or disclosed as part of employment or agency relationships or pursuant to nondisclosure agreements; (iv) is unlawful, harmful, threatening, abusive, violent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; (v) infringes the intellectual property or proprietary rights of any third party or contributes to inducing or facilitating such infringement.; (vi) directly or indirectly is used for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other like form of solicitation; (vii) contains any malicious or invasive software, or that could diminish the quality of, interfere with the performance of, or impair the functionality of the 3DPrinterOS Service; or (viii) contains advertising, offers for sale, or sells any item You are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertising, offers for sale, or sales any of the following items: Any firearms, explosives, or weapons; any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants; any alcoholic beverages; any tobacco products for human consumption, including, without limitation, cigarettes and cigars, any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature; any controlled substances or pharmaceuticals; any items that are counterfeit or stolen; any dangerous items; any goods or services that do not, in fact, exist; any registered or unregistered securities; any items that violate or infringe the rights of other parties; any items that You do not have the legal right to sell; any items where doing so through 3DPrinterOS Properties would cause 3DPrinterOS to violate any law.
8. “User” as used in these Terms of Use means any person or entity that uses the 3DPrinterOS Properties or any person or entity that provides the requisite authority for another person or entity to use the 3DPrinterOS Properties on its behalf.

2. Use of Service:

 

• Eligibility

 

1. You may use the Service only if you can form a binding contract with 3DPrinterOS, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by 3DPrinterOS.

 

• 3DPrinterOS Accounts

 

1. To use the Services, you must register for a 3DPrinterOS account. Your 3DPrinterOS account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a 3DPrinterOS account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to 3DPrinterOS with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Accounts are registered solely to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances.
2. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify 3DPrinterOS immediately of any breach of security or unauthorized use of your account. 3DPrinterOS will not be liable for any losses caused by any unauthorized use of your account.
3. You may control your User profile and how you interact with the Service by changing the settings in your “Profile Settings” page. By providing 3DPrinterOS your email address you consent to our using the email address to send you administrative and service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you communication pursuant to our Privacy Policy.
4. You may cancel your account at any time by following the instructions on the Service. If you voluntarily cancel your account, or allow your account to lapse, you may reactivate that account at any time. We may permanently or temporarily terminate or suspend your account or any access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If 3DPrinterOS has previously terminated your account for any reason, 3DPrinterOS further reserves the right, in its sole discretion, to prohibit you from reactivating such accounts or creating a new account on the Service.

 

• Service Rules

 

1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the 3DPrinterOS servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
2. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
3. You are solely responsible for your interactions with other 3DPrinterOS Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. 3DPrinterOS shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

• Feedback

 

1. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bond under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, 3DPrinterOS does not waive any rights to use similar or related ideas previously known to 3DPrinterOS, or developed by its employees, or obtained from sources other than you.

3. Grant of Licenses; Scope of License; Restrictions

1. Grant of License. Subject to these Terms of Use and the terms and condition of the Contract(s), 3DPrinterOS grants to You, during the Term specified herein, a non-exclusive, non-transferable, revocable, limited license, without right of sublicense, to access and use the 3DPrinterOS Properties. You hereby grant 3DPrinterOS a worldwide, royalty-free, non-exclusive, transferable (solely to 3DPrinterOS’ Agents and Suppliers) license to perform such acts with respect to the Content solely as are reasonable in connection with provisioning the 3DPrinterOS Services including, without limitation, the right to: (i) secure, transcode, encode, reproduce, host, cache, route, reformat, transmit, and analyze the Content and create algorithms and reports based on access to and use of the Content by Users; (ii) use, exhibit, broadcast, deliver, publish, publicly display, publicly perform, distribute, promote, copy, store, and/or reproduce (in any form) the Content on or through the Services; and (iii) utilize Content to test 3DPrinterOS’ internal technologies and processes.

2. Scope of Use. You are solely responsible for all matters arising out of or in connection with the Content including, without limitation, ensuring that the Content does not include Prohibited Content. You are responsible for all Content (regardless of whether provided by You and/or by third parties) including without limitation for any damages that may result from errors or omissions, false or defamatory material, and/or material that is offensive, indecent, objectionable, infringing, and/or illegal. Under no circumstances will 3DPrinterOS, its Agents or its Suppliers be liable in any way for Content or for any loss or damage of any kind incurred by You or any third party as a result of the use or publication of any Content posted, delivered, streamed, or otherwise transmitted via in or connection with the 3DPrinterOS Service. Without limiting the foregoing, You acknowledge that neither 3DPrinterOS nor its Agents or Suppliers will be responsible for preventing or identifying infringement of intellectual property rights or other violations associations with the Content, and that 3DPrinterOS, its Agents and its Suppliers assume no responsibility to edit, review, or oversee Content submitted, uploaded, distributed, retrieved, viewed or transmitted in connection with use of the 3DPrinterOS Service, and shall not be responsible for screening or monitoring for possible (i) infringement or enforcing Your rights or third party rights with respect to Content, (ii) unlawful, inappropriate or unpermitted use, (iii) libel, falsehoods, errors or omissions contained in Content, or (iv) noncompliance with FCC or other governmental laws and/or regulations. For any infringement or suspected infringement of intellectual property rights, You must immediately remove or stop use of the applicable Content in connection with the 3DPrinterOS Properties. Without limiting the foregoing, You acknowledge that 3DPrinterOS complies with the DMCA Notification Procedures available http://www.copyright.gov/legislation/dmca.pdf with respect to third party claims of infringement. Any third party products, content, services and/or links displayed on or through the 3DPrinterOS Properties are not referrals or endorsements of any product, service or provider; any and all such offerings are displayed solely for convenience only. The 3DPrinterOS Service may in some cases be permitted for use with third party components or services that may be subject to their own, separate license agreements or special pass-through terms, and You assume all risks and liabilities associated with the use of any such third party offerings. For clarity, nothing in this Section 3.2 diminishes 3DPrinterOS’ obligations to You under these Terms of Use with respect to 3DPrinterOS Software that is expressly stated as included within the 3DPrinterOS Service, but instead relates to any access and/or use of third party products and/or services that You elect to utilize in connection with the 3DPrinterOS Service, regardless of whether 3DPrinterOS provides integration or other services at Your request in connection with enabling or utilizing third party products and/or services with the 3DPrinterOS In no event will 3DPrinterOS be responsible or liable for any failure or inability to access third party services, including without limitation that which is caused by changes to third party services (or portions thereof) that affect the use of the 3DPrinterOS Service or otherwise.

4. Automatic Updates

The 3DPrinterOS Service consist of the most current versions thereof, including without limitation automatic general release updates to the 3DPrinterOS Service such as bug fixes, patches, enhanced functions, and/or security related patches.  You agree to accept and/or migrate (as applicable) to any and all new versions of 3DPrinterOS Service, or any portion thereof, that 3DPrinterOS may implement and/or otherwise provide to You, and 3DPrinterOS shall have no obligation to provide or support any prior versions of the 3DPrinterOS Service or portions thereof.

5. Term and Termination

You may stop using the 3DPrinterOS Properties at any time. Upon termination or cessation of the 3DPrinterOS Service, 3DPrinterOS is not obligated to provide you with any additional services. 3DPrinterOS reserves the right to suspend or end the 3DPrinterOS Service or restrict use of the 3DPrinterOS Properties at any time, with or without cause, and with or without notice. 3DPrinterOS may suspend or terminate your use or access to the 3DPrinterOS Properties if you are not complying with these Terms of Use, or if Your use of the 3DPrinterOS Properties imposes legal liability or disrupts others’ use of the 3DPrinterOS Properties in any. If 3DPrinterOS suspends or terminates your use of any 3DPrinterOS Properties, all fees incurred or payments due shall be immediately due and payable upon termination. 3DPrinterOS may in its sole discretion suspend Your access to the 3DPrinterOS Service (or any portion thereof) and/or terminate the Contract(s): (a) should You fail to comply with these Terms of Use; (b) based on any conduct that 3DPrinterOS believes is or may be directly or indirectly harmful to other users, to 3DPrinterOS or its suppliers; (c) based on any conduct that 3DPrinterOS believes may be a violation of law, third party rights, and/or restrictions on Prohibited Content; and/or (d) in the event of any legal restriction imposed on You, 3DPrinterOS, and/or its suppliers with respect to provision of the 3DPrinterOS Service. 3DPrinterOS’ right to suspend or terminate the 3DPrinterOS Service as set forth in this Section shall not absolve You of any payment or indemnification obligations described herein or diminish any other right or remedy available to 3DPrinterOS and/or its suppliers. Nothing herein shall be deemed a waiver of any claims that 3DPrinterOS may have against You. All terms and conditions set forth herein that should by their nature survive termination (including without limitation all provisions relating to payment, intellectual property, ownership, and indemnification) in order to be given full effect shall continue in full force and effect after any expiration or termination of the 3DPrinterOS Service.

6. Title and Ownership

As between You and 3DPrinterOS, You and Your suppliers and licensors own all right, title and interest in and to Content (excluding any content that might be provided by 3DPrinterOS and/or its suppliers) including associated intellectual property rights under copyright, trademark and/or other applicable domestic and international laws. 3DPrinterOS and its suppliers own all right, title and interest in and to the 3DPrinterOS Properties including associated intellectual property rights under copyright, trade secret, patent, trademark and/or other applicable domestic and international laws. In no event shall the 3DPrinterOS Service (or any portion thereof) or any that might be provided by 3DPrinterOS and/or its suppliers be deemed sold or assigned to You. Any and all rights not expressly granted by 3DPrinterOS are reserved to 3DPrinterOS. 3DPrinterOS is not required to accept unsolicited feedback. If You provide feedback about the 3DPrinterOS Service to 3DPrinterOS, 3DPrinterOS shall own all rights in and to such feedback and any derivative technologies, methodologies, compilations and/or any other resultant uses based on or developed through or by using such feedback and You shall take all necessary actions that may be requested by 3DPrinterOS to perfect 3DPrinterOS’s rights in and to such feedback.

7. Warranties

You represent and warrant that You are solely responsible and liable for: (a) obtaining all necessary consents, permissions, licenses, waivers and applicable intellectual property rights from any intellectual property owners, of any portion of the Content; (b) complying with all laws, rules and applicable regulations associated with obtaining, copying, transmitting storing or otherwise using the Content; (c) any Prohibited Content; and (d) abiding by these Terms of Use.

8. Disclaimer of Warranties

3DPrinterOS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE 3DPrinterOS Properties (OR ANY CONTENT) FOR YOUR PURPOSES, THAT THE USE OF THE 3DPrinterOS SERVICE SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE 3DPrinterOS SERVICE SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY SERVICES, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE 3DPrinterOS SERVICE, AND ANY CONTENT PROVIDED BY 3DPrinterOS AND/OR ITS SUPPLIERS, ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE 3DPrinterOS SERVICE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND 3DPrinterOS AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, MISDELIVERY, UNTIMELY DELIVERY, DELIVERY FAILURES, OR ANY DAMAGES RESULTING THEREFROM AND/OR FROM EVENTS BEYOND 3DPrinterOS’ REASONABLE CONTROL. THIS SECTION 8 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation on LIABILITY  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT SHALL 3DPrinterOS OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, BUSINESS INTERRUPTION, OR LOSSES OF BUSINESS PROFITS, BUSINESS INFORMATION, GOODWILL, USE, DATA, OR ANY OTHER INTANGIBLE OR OTHER PECUNIARY LOSSES) ARISING OUT OF THE use of or inability to use the 3DPrinterOS Properties, RETRIEVE THE CONTENT BY OR THROUGH THE 3DPrinterOS SERVICE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) YOUR EXCLUSIVE REMEDY AND 3DPrinterOS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS COMBINED RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THE 3DPrinterOS SERVICE or Properties, THE CONTRACT(S) AND/OR THESE TERMS OF Use FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TO THE GREATER OF THE FEES FOR USE OF THE 3DPrinterOS SERVICE THAT YOU ACTUALLY PAID DIRECTLY TO 3DPrinterOS IN THE TWELVE MONTH PERIOD PRECEDING THE FIRST SUCH CLAIM OR ONE THOUSAND U.S. DOLLARS ($1,000). YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL 3DPrinterOS OR ITS AGENTS OR SUPPLIERS OR ANY OF THEIR SUCCESSORS IN INTEREST BE RESPONSIBLE NOR LIABLE FOR ANY DAMAGES BASED ON MISUSE OF AND/OR RELIANCE ON THE 3DPrinterOS SERVICE or Properties AND/OR CONTENT THAT YOU MAY RECEIVE FROM 3DPrinterOS OR ITS AGENTS OR SUPPLIERS BY OR THROUGH THE 3DPrinterOS SERVICE. YOUR INSTALLATION, USE AND ACCESS OF THE 3DPrinterOS SERVICE IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE, SOFTWARE AND THE LOSS OF YOUR USER DATA THAT RESULTS FROM THE USE THEREOF. YOUR USER DATA and COntent MAY NOT BE AVAILABLE OR RESTORABLE IF (1) 3DPrinterOS HAS NOT COMPLETED COPYING OR SYNCING YOUR USER DATA or content, (2) FOR FILES, FOLDERS OR DISK DRIVES THAT THE 3DPrinterOS SERVICE DOes NOT AUTOMATICALLY BACKUP OR SYNC, YOU DO NOT MANUALLY SELECT THEM FOR BACKUP OR SYNCING OR YOU UNSELECT CERTAIN USER DATA or content FOR BACKUP OR SYNCING, (3) 3DPrinterOS SERVERS OR NETWORK SERVICE IS UNABLE TO MAKE A CONNECTION WITH YOUR DEVICE, (4) YOU FAIL TO FOLLOW 3DPrinterOS’S TECHNICAL REQUIREMENTS, AND DOCUMENTATION FOR UTILIZING THE BACKUP SERVICES, INCLUDING UPGRADING THE VERSION OF THE 3DPrinterOS SERVICE AS REQUIRED, AND PERIODICALLY TESTING YOUR BACKUPS AND RESTORES, OR (8) YOU TERMINATE YOUR LICENSE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE 3DPrinterOS SERVICE. THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. INDEMNIFICATION

You shall defend, indemnify and hold harmless 3DPrinterOS and its agents and suppliers and their respective officers, employees, licensors, agents, and affiliates, and all successors in interest to the foregoing, from and against any and all third party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to, arising out of, or in connection with the Content and/or Your use of and/or access to the 3DPrinterOS Properties (which includes use of and/or access to the Services by Your employees, agents, affiliates, partners, customers and any Users ), including but not limited to claims relating to, arising out of, or in connection with Prohibited Content, and/or Your breach of any of these Terms of Use, the Privacy Policy, and/or other provisions of the Contract(s), including but not limited to any of the representations or warranties in connection with any of the foregoing.

11. Compliance With Laws; Government Restricted Rights

The 3DPrinterOS Service is of U.S. origin. You shall adhere to all applicable state, federal, local and international laws and treaties in all jurisdictions in which You use the 3DPrinterOS Service, including, without limitation, all end-user, end-use and destination restrictions issued by U.S. and other governments and the U.S. Export Administration Act and its associated regulations. The 3DPrinterOS Service is protected by copyright laws and international treaty provisions. You agree that the 3DPrinterOS Service, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the 3DPrinterOS Service, directly or indirectly, to any countries that are subject to USA export restrictions. If the 3DPrinterOS Service is licensed for use by the United States or in the performance of a U.S. government prime contract or subcontract, You agree that the 3DPrinterOS Service is delivered as a “commercial item,” as that term is defined at 48 C.F.R. 2.101, and more specifically shall be identified as “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, the 3DPrinterOS Service and related documentation provided to U.S. Government end users is provisioned (a) only as a commercial end item and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Contractor/licensor is 3D Control Systems, Inc., 1355 Market Street, 3rd Floor San Francisco, CA 94123

12. Publicity and Marketing

3DPrinterOS shall be permitted to line-list you as a customer and use your standard logo for 3DPrinterOS’ promotional and marketing use during the Term.

13. Governing Law; Dispute Resolution

You understand and agree that the Terms of Use, shall be governed by the laws of the State of California as such laws apply to contracts between California residents performed entirely within California, without regard to conflict of law provisions. Any action or proceeding arising from or relating to these Terms of Use, may only be brought in the State and Federal courts located in San Francisco, California and each party irrevocably submits to such exclusive jurisdiction and venue.

14. General Provisions

The Contract(s), including these Terms of Use, constitute the complete and exclusive agreements between You and 3DPrinterOS with respect to its subject matter and supersedes any and all prior written or oral agreement or understanding relating to the same subject matter. In the event of any conflict between or among any Contract executed by both You and 3DPrinterOS and these Terms of Use, the Contract shall control to the extent of such conflict and all other terms and conditions of each shall continue to remain in full force and effect. If any provision of a Contract, including without limitation these Terms of Use is held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Notwithstanding anything to the contrary in these Terms of USe, if You procure the 3DPrinterOS Service through one of 3DPrinterOS’s Agents instead of directly from 3DPrinterOS, then 3DPrinterOS has no direct or indirect liability to You in connection with the 3DPrinterOS Service or otherwise regardless of whether 3DPrinterOS hosts the 3DPrinterOS Service. You and 3DPrinterOS are independent contractors and no joint venture, partnership, employment, agency or exclusive relationship exists between You and 3DPrinterOS as a result of the Contract(s) and/or Your use of the 3DPrinterOS Service as authorized thereunder. Any written notice required hereunder may be transmitted via email to the primary email contacts provided or other official email contacts available to a party if such email contacts are no longer relevant due to employee departure or otherwise. . A Contract may only be modified by written amendment signed by authorized representatives of both You and 3DPrinterOS. All waivers must be made in writing and the failure of You or 3DPrinterOS to enforce any right or provision in a Contract or in these Terms of Use shall not constitute a waiver of such right or provision. Any waiver on one occasion shall not imply or constitute a waiver on any other occasion. 3DPrinterOS shall not be responsible for any failure to perform, or delay in performing any of its obligations under a Contract or these Terms of Use to the extent that such a failure or delay results from force majeure causes beyond its control, such as acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like. You may not transfer or assign these Terms of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of 3DPrinterOS and any such assignment shall be null and void from the beginning. The Contract(s), including without limitation these Terms of Use, shall inure to the benefit of and be binding upon 3DPrinterOS’ or Your respective permitted successors and assigns.

15. Contacting 3DPrinterOS  

If You have any queries about the manner in which the 3DPrinterOS Site is operated, the 3DPrinterOS Service is provided, or how your personal information is used by 3DPrinterOS, please contact us at info@3dprinteros.com.