LIKEFIGURES - TERMS AND CONDITIONS
Last updated: November 22nd 2014
1 KEY TERMS
1.1. LikeFigures: LikeFigures, located and established at Rancho Palos Verdes, CA, 90275, USA (also referred to as “we”, “us” or “our”).
1.2. 3D Content: 3D printable files / STL files.
1.3. 3D Print: 3D Content turned into a physical object by a 3D printer operated by a Maker.
1.4. Content: 3D Content, images, videos, text or any other content submitted by LikeFigures on the Website.
1.5. Maker: A natural person or a legal entity operating a 3D printer and offering 3D printing services to Like Figures through the Website.
1.6. Order: An order placed by LikeFigures through the Website for a print job with the selected Maker to turn a 3D Content into a 3D Print for the price of the Printing Fee.
1.7. Printing Fee: the total fee due to the Maker for the printing services.
1.8. Services: The services offered by LikeFigures through the Website as set forth in Clause 3 of these Terms and Conditions.
1.9. Terms and Conditions: these terms and conditions.
1.10. Customer: a natural person or legal entity that has ordered a 3D Print from LikeFigures trough the Website.
1.11. Website: the website offered by LikeFigures at www.likeFigures.com.
2.1. These Terms and Conditions govern the Maker’s use of the Website and the Services offered by LikeFigures.
2.2. LikeFigures 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 the Website or through some other reasonable method. LikeFigures will take 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 the terms governing the Website and the Services.
3 LIKEFIGURES SERVICES
3.1. The Services offered by LikeFigures through its Website exist of providing an online platform which facilitates Makers to offer 3D printing services to LikeFigures, including the payment transaction between LikeFigures and Makers.
4 THE MAKER’S SERVICES
4.1. Terms In order to provide a service to LikeFigures, the Maker is obliged to fill in the application form, including the sales tax/VAT on the product, which is available at our Website. LikeFigures takes the right to consider the Maker’s offer for providing 3D printing services within 24 hours from its receipt. If the said offer is accepted, LikeFigures will send the confirmation by email to the Maker. By sending the said e-mail confirmation to the Maker, these Terms and Conditions are considered mutually accepted and binding for both parties. By the said acceptance, the Maker’s service will become the integrated part of LikeFigures Website available to the customers. The Maker represents and warrants that all information he submits to the Website is accurate, truthful, lawful and does not infringe any rights of third parties.
4.2. Acceptance of the Order by the Maker The Maker has to review the Order and respond to LikeFigures within 24 hours from its receipt. Upon acceptance of an Order, the Maker is allowed to download the selected file from our web site, he warrants to supply the 3D Print in the material and colour selected by LikeFigures, within the standard technical boundaries of the Maker’s 3D printer, he accepts the terms of shipment and the delivery time indicated in the Order submitted and he expresses the amount of tax/VAT. If there is no response from the Maker within the given time frame, LikeFigures may cancel the Order. If the Maker responds to our order in the given time frame and downloads the STL file, he has additional 4 (four) days to produce and ship the product.
4.3. Cancellation of the order by the Maker If the Maker has difficulties with the STL file and cannot produce the product, he has the right to annul the accepted order by e mail to LikeFigures within the same period (4 days) after Acceptance of the order and our order will be considered cancelled. The maker has no right to use the downloaded STL file for any later production.
4.4. Shipping Once the Order is accepted by the Maker, he is obliged to print and ship the product (3D print) to the customer within 4 (four) days after receipt of the Order confirmation.
4.5. Printing fee When submitting the printer 3D maker is filling in the printer details, location, available materials and colors. 3D maker has to fill in the price in usd/cm3 for each material and color available.
The printing fee for 3D makers is calculated per cm3 in USD . The product volume is defined according to the calculation for 3D content at www.netfabb.com or www.simplify3d.com. If the calculated price is less than USD 5.00, the minimum printing fee of USD 5.00 is applied. The printing fee excludes any import / export duty or shipping costs. LikeFigures reserves the right to respond in 24 hours.
4.6. Payment terms LikeFigures will pay to the Maker the printing fee, shipment costs and tax 30 days after the shipment of the product (3D print) to the customer. In case the customer has claimed and returned the product (3D print) within 25 days, LikeFigures will pay him only the shipment costs and tax on shipment.
4.7. Update obligation In case that the Maker is not in the position to take and accept the orders he is obliged to contact us immediately and update this information.
5.1. By submitting 3D Content through the Services or Website, LikeFigures grants the Maker accepting the Order a non-exclusive, royalty free worldwide non-transferable license (i) to review the 3D Content on the basis of technical specifications (including but not limited to checking for any technical errors); and (ii) to use the 3D Content for the manufacturing of the 3D Print in order for the Maker to fulfil the Order placed by LikeFigures.
5.2. LikeFigures represents and warrants that it has all rights to grant the licenses of Clause 5.1 without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
5.3. LikeFigures represents and warrants to that Maker that it has all rights to grant the licenses of Clause 5.1. (ii) without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
6 INTELLECTUAL PROPERTY
6.1. All intellectual property rights, including but not limited to any copyright, trademark and database right, in the Services or Website and the selection and arrangement thereof belong to Like Figures, its licensors or other third parties. All rights in the Services and Website not expressly granted herein are reserved.
7 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of New York, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than New York, USA. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the LikeFigures Services or Website or relating to the models ordered and delivered, shall be brought in the federal and state courts located New York County, New York, USA. The United Nations Convention on the International Sale of Goods shall not apply to the LikeFigures Services or Website or relating to the models ordered and delivered.