Terms & Conditions
The following are terms and conditions of a legal agreement between you and Innovative Technology for Educational Solutions LLC. and its affiliates (collectively, “10D”, “we”, “us” or “our”). These terms and conditions (collectively with 10D’ Privacy Statement and Content Policy, the “Terms and Conditions”) govern your use of www.10D.om, (the “10D Website” or “Website”), any mobile applications (the “Applications”), the Powered by 10D Platform, (the “Platform”), and the services, features, and content we offer (together with the Website, Platform, and the Applications, “10D Services” or “Services”).
By using the Services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any 3D file (“3D Model”) uploaded to the 10D Website does not violate any federal law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms and Conditions, you should not use the Website, Applications, or Services.
1. 10D Services
The 10D 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 your 3D Model into reality, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you (i.e., print it with 3D printing technology) in our materials and ship it to you. You can also order models designed by other 10D members: 10D allows you to browse the Website for models and to place an order for the manufacturing of an available model.
2. Advisory
and warrant that you are at least 18 years of age to use these Services. If you are under 18 years of age, you may use 10D.om only with involvement of a parent or guardian. Children under 13 years old are not allowed to use these Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. To use some Services, you must register for an account on the Services (an “Account”). You must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and/or continued use of the Service, and you must keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your Service password and Account, and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. 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. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
3. Ordering
(a) Placing an order. To order the 3D Model you designed or another 3D Model you found through our Services, you select the 3D Model. Then you can select the quantity of the 3D Model you order and, if applicable, the material you want the 3D Model to be made of. As the next step, we ask you to provide us with information we need for the delivery of the 3D Model. Finally you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third party payment provider website. Please be informed that the language to be used during the whole ordering process is English. (b) Prices. The prices displayed on the Website or Platform are only indications and are valid only for the moment that they are displayed. 10D reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any monies paid related to that order will be refunded to you.
(c) Payment and price. The amount indicated on the ordering page includes the fee for the service (such as printing and packing the model), the price for the materials used to produce the 3D Model, and, if applicable, the markup charged by the designer. The price quoted on the ordering page also includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). The price quoted on the Platform is for the cost of printing the item and any vendor markup. 10D offers estimated currency conversions as a courtesy to users. These estimates are not guaranteed and may not reflect actual currency conversation rates. If you pay in a currency that is different from the denominated currency of your payment method (which is probably the case if your bank or credit card account is not denominated in U.S. Dollars or Omani Rials), your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to 10D. You can initiate your payment for your order via credit card, or bank transfer. In case you choose to pay by bank transfer you will receive the payment instructions via email from 10D after confirmation of your order. For orders paid for via credit card, 10D will begin production after authorizing and holding payment. For orders paid for via bank transfer, 10D will begin production after the funds arrive in the 10D bank account. In the event that the selected payment method fails for any reason, 10D reserves the right to process the payment again or require you to provide an alternative method of payment.
(d) Acceptance. After accepting your order we will send you an order confirmation by e-mail to the address associated with your 10D Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we 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 us as soon as possible by sending an email to customer service.
4. Warranty; Disclaimer.
10D warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. If you upload your own 3D Model to the Website or the Platform, you maintain sole legal responsibility for the design specifications and performance of the 3D Model. 10D does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D 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 within 10 days after receipt of the 3D Model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the 3D Model. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. A model will be ineligible for replacement or refund if the model has been altered or post- processed in any way by you. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 10 days we will assume the 3D Model meets your specifications and performance requirements. Models you have designated as “Print it Anyway” or its equivalent are not eligible for replacement or refund. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content. You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation 3D Models) contained in or accessed through the Services.
THE 3D MODELS MANUFACTURED BY 10D, AS WELL AS THE SERVICES AND CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. ADDITIONALLY, FOR ORDERS PLACED THROUGH THE PLATFORM, PLEASE CONTACT THE VENDOR REGARDING ANY ADDITIONAL WARRANTY AND/OR DISCLAIMER INFORMATION REGARDING THEIR MODELS.
5. Use of the 10D Website and Platform
Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with 10D 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, provided that it is attributed to 10D. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of 10D is unlicensed by 10D. 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. You agree not to use any robot, spider, or other automated device to drive traffic to a specific model or shop page in order to manipulate where that model or shop appears on 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 10D. 10D shall not be responsible in any way for the content of such other websites. 10D provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by 10D of the content of such websites.
Since the 10D Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website or Platform, which will result in the Website or Platform not being available for a certain period of time. We will endeavor to ensure that the Website or Platform operates reliably and consistently, but we do not warrant that the Website or Platform will operate uninterrupted without any faults. We do not guarantee that any content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content (including without limitation any 3D Models or CoCreator Models) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content (including without limitation any 3D Models or CoCreator Models) from the Services. We are not responsible for any losses suffered by you as a result of any interruption of the Website or Platform, or by the suspension of your access to the Website or Platform.
6. User Generated Content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website, the Application, the Platform, or the Services by you, including but not limited to all uploaded 3D Models, pictures of 3D Models, comments on the Website, specifications provided in your order for a CoCreator model (a “CoCreator Model”), as well as the printed 3D 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.
10D 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 10D.
In order to keep 10D and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content Policy”. Please note that we do not seek any unsolicited ideas or improvements for 10D Services and that any unsolicited ideas or improvements you submit are deemed User Generated Content and licensed to us as set forth below. In addition, 10D retains all of the rights held by members of the general public with regard to your unsolicited ideas and improvements. 10D’ receipt of your unsolicited ideas and improvements is not an admission by us of their novelty, priority, or originality, and it does not restrict 10D’ right to contest existing or future intellectual property rights relating to your unsolicited ideas and improvements in any way.
Except for your 3D Models, 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 Applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website, the Applications 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, the Applications, or the Services a non-exclusive license to access your User Generated Content through the Website, the Applications or the Services, and share your User Generated Content on blogs and social media, provided such sharing prominently links back to the model page on the 10D site and is not done on a site that competes directly or indirectly with 10D Services. 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.
7. Intellectual Property Rights of 3D Designs
You, as a designer, retain all your intellectual property rights in your 3D Models, including without limitation any and all derivative works like 3D renders. Except for the rights and licenses with respect to your 3D Models specified below, 10D shall not use, modify or display your 3D Models or derivatives thereof. By uploading your 3D Models to the Services, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
By uploading your 3D Model to the Services, you grant 10D a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order; (ii) if you offer your 3D Model for sale through 10D, to use your 3D Model for the manufacturing of your 3D model in order to fulfill orders of your 3D Model made through 10D (iii), if you indicate that you want your 3D Model to be a CoCreator Model during the upload process (a) to display such CoCreator Model on the 10D Website and (b) to use and modify such CoCreator Model for the manufacturing of your model in order to fulfill the order of any other user of the Services; (iv) to generate and display 3D renders of your 3D Model; and (v) to use the 3D Model as necessary for the operation and maintenance of 10D Services including without limitation for the internal testing and educational purposes of 10D and 10D manufacturing partners.
You can change the rights for CoCreator Models via the model detail page of the 3D Model at any time; provided that any then-pending order for such 3D Model shall be fulfilled by 10D. With regard to any non-published 3D Model, 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 sole and exclusive discretion, appears to infringe third party intellectual property rights, or in our discretion the 3D Model does not comply with our Content Policy.
By removing your 3D Model from the Services, you terminate all licenses granted to 10D and its users to such 3D Model under these Terms and Conditions; provided that 10D is entitled to use your 3D Model to fulfill orders of your 3D Model that were placed before the removal and may continue to use the model for internal testing and educational purposes. Note, specific terms in the Co-Creator section: As a customer of a CoCreator Model, by providing specifications for a CoCreator Model, you grant Shapeways a non-exclusive, royalty free, worldwide, transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.
Please note that any intellectual property right of a manual CoCreator Model created by the 10D shop owner with the use of your specifications will vest in the shop owner who created such CoCreator Model.
8. Consent to Use of Personal Data
By using our Services you agree that 10D may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the 10D Privacy Statement.
9. Payments and Billing.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
10. Changes to These Terms
We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. 10D MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
