Terms of Use

IMPORTANT PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE USE OF THE SITES AND SERVICES. BY ACCESSING OR USING THE SITES YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITES.

The website located www.3DM8.com, learning.3dm8.com, club.3dm8.com, premium.3dm8.com (together, the “Sites“) are works belonging to the association 3DM8 PTY LTD and its affiliates (“Company,” “us,” “our,” and/or “we“). These 3DM8 Terms of Use (“Terms of Use”) are a legally binding agreement between you, as an end-user of our Sites (“User,” “you,” and/or “your”), and the Company. The Company provides services through the Sites, including but not limited to a service for Users to share Gcodes that enable a 3D printer to create physical objects by following commands, hosting competitions, workshops and courses, and offers to sell products or memberships (collectively the “Services“). By accessing the Sites or using any of our Services, you agree to be bound by these Terms of Use. Certain features of the Services or Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated (including, but not limited to the Privacy Policy) by reference into and made a part of these Terms of Use. 

1. ACCOUNTS AND PAYMENT

1.1 Account Creation.

In order to use certain features of the Sites (e.g., to upload or download a GCODE and/or to start a learning course and/or upload or download photos), you must register for an account with the Company (“Company Account“) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are over the age of 13 in accordance with section 1.4. You may delete your Company Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Company Account in accordance with Section 10. 

1.2 Account Responsibilities.

You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Payment Terms.

The Company provides access to the payment processing service required to process payments related to certain Services offered through the Sites. Such payments shall be subject to the Payment Terms which are incorporated in these Terms of Use in its entirety and made a part hereof.

1.4 Minimum Age.

Our sites and software are not intended for or designed to attract users under the age of 13. Our security measures are based on the date of birth provided by the end-user when creating a profile, so it is very important to enter the correct information. We encourage parents to be involved in the online activities of their children to make sure that no information is collected from a child without parental permission. We take the safety of end-users very seriously and have security measures in place to help protect children, who have appropriate parental permissions to use our sites, from being contacted by strangers. These include: (a) There is no direct contact between users on our sites including comments or videos. (b) Hiding the age, date of birth, and gender of all users on profile pages, so others cannot see this information. (c) Users are not searchable in our sites and can only find each other through directly sharing their URL links or pages.

2. SITE

2.1 License.

Subject to these Terms of Use, the Company grants you a non-transferable, nonexclusive, license to use the Sites and Services for your personal non-commercial use.

2.2 Certain Restrictions.

The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Sites or Services except as may be expressly allowed in accordance with Section 3.2 hereof; (c) you shall not access the Sites or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Sites or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including but not limited to the some of the Gcode files made available on the site. Any future release, update, or other addition to functionality of the Sites or Services shall be subject to the terms of these Terms of Use. All copyright and other proprietary notices on any Sites or Services content must be retained on all copies thereof.

2.3 Modification.

The Company reserves the right, at any time, to modify, suspend, or discontinue the Sites or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services or any part thereof, except and if otherwise expressly set forth in Section 9.

2.4 No Support or Maintenance.

You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Sites or Services.

2.5 Ownership.

Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Sites and Services are owned by the Company or the Company’s licensors. The provision of the Sites and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. The Company and its suppliers reserve all rights not granted in these Terms of Use.

2.6 Consent to Use of Personal Data.

By using our Sites or Services, you agree that the Company may collect and use personal data about you. Such information collected through the Services or Sites shall only be used in accordance with the Privacy Policy.

3. USER CONTENT

3.1 User Content.

User Content” means any and all information and content that a User submits to, or uses with, the Sites or Services (e.g., content in the User’s profile or postings, user-created designs), including any modifications, improvements, or alterations (“Modification”) made to products available by Company or its authorized suppliers (all such products collectively referred to herein as the “Experimental Product”) or to any print profiles, gcodes, modes, or settings created by you using Company products (“Print Profile”). You retain all your intellectual property rights in your User Content. The Company does not claim ownership or responsibility in any User Content. You are solely responsible for your User Content, and you assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content by you that makes you or any third party personally identifiable. Unless Company states otherwise in a writing to you, you may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Company. The Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. It is the responsibility of the User uploading any User Content to assess and ensure compliance with any relevant copyright laws. All User Content may be used by the company for the purposes of Marketing and/or Distributed to 3rd Party Sites.

3.2 License.

All User Content is shared throughout the sites, and can be accessed by the public and Company Accounts. Please understand that when you upload any content our sites automatically distribute it and by choosing to upload it to our website you are giving the site and the company the legal ability to distribute said User Content. When you upload or share any User Content on our website you grant, and you represent and warrant that you have the right to grant, to the sites, an irrevocable, nonexclusive, royalty-free, sub-licensable, fully-paid, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content solely for the purposes of including your User Content in the Sites and Services, except that in the case of Modifications and Print Profiles, you grant the foregoing license for the purpose of any use by Company at Company’s sole discretion. You additionally agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Modifications or Print Profiles.

3.3 Acceptable Use Policy.

The following is the acceptable use policy which sets forth the restrictions Users must adhere to on use of the Sites or Services (“Acceptable Use Policy”):

(a) You agree not to use the Sites or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to use the Sites or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites or Services or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Sites or Services, other computer systems or networks connected to or used together with the Sites or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Sites or Services; (vi) introduce software or automated agents or scripts to the Sites or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Sites or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Sites or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (vii) systematically aggregate, embed or deeplink content from your own web site, service, or platform to the Sites for commercial purposes without the prior written consent of the Company.

3.4 Enforcement.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Company Account in accordance with Section 10, and/or reporting you to law enforcement authorities.

3.5 Feedback.

If you provide the Company any feedback or suggestions regarding the Sites or Services (“Feedback“), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and nonproprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

4. PERSONAL USE ONLY AND QUALITY

You accept and agree that all files, downloads, and content found on the sites are for Personal Use only and noncommercial purposes. User Content is not to be used for any commercial purposes or to deceive consumers. All User Content is for Personal Functional Fair Use Only and the output of any Gcode that may resemble any copyright is functional for personal use as an expression of support and/or affinity in the form of the unique creative art that is derived from Gcodes. You understand that 3D Printing is a form of creative arts and that no two prints of the same Gcode will result in an exact copy due to the controllable variables. Any user who downloads a Gcode and provides it to or uses it as a creator or artist will have a differing result from variables such as; the material used, material age, material quality, ambient temperature, print head temperature, humidity, local airspeed, vibrations, level of bed, tuning of equipment, equipment type, equipment style, experience of the creator, techniques applied by the creator and many other variables. It is not the responsibility or liability of the company for the output of Gcode or the quantity of which the creator produces.

5. INDEMNITY

You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites or Services; (b) your User Content; (c) your violation of these Terms of Use; or (d) your violation of applicable laws or regulations; (e) or your use of any APIs. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. THIRD-PARTY SITES & ADS; OTHER USERS; DEVELOPER PROGRAM

6.1 Third-Party Sites & Ads.

The Sites might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads“). Such Third-Party Sites & Ads are not under the control of the Company and the Company is not responsible for any Third-Party Sites & Ads. The Company provides these Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to a Third-Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites & Ads.

6.2 Other Users.

Each User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions and transactions with other Users are solely between you and such User. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. 

6.3 Developer Program.

The Developer Program provides company authorised software developers (“Developers”) with the ability to integrate their software application, website, or other software interface (“Application”) with the site or services. Written authority is required

6.3.1 Accessing Developer Applications.

You may access Applications which may provide you with additional services. The Company is not responsible for the Applications and you access them at your own risk. The Applications are not under our control and you acknowledge that we are not responsible or liable for the Applications and their related content, legality, accuracy, or any other aspect of such Application. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available through such Application. The Applications may be subject to third party terms and policies, including privacy and data collection practices and it is your responsibility to review all such terms and policies.

6.3.2 User Content.

You may opt-out of sharing your User Content by: a) revoking permission to the Application as specified on the Site; and/or b) deleting your account or uploaded content. 

6.4 Release.

You hereby release and forever discharge us (and our officers, employees, agents, parents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Sites or Service users, Third Party Sites & Ads and third party Developers who may have contracted with Company to integrate their applications into our Ecosystem. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. CUSTOMER SUPPORT

As part of the Services, you may be offered “Customer Support”. Customer Support may include an option for you and a Company representative to interact and connect via a desktop computer, tablet, and/or smart device, and the Internet (“Interactive Customer Support”). The Interactive Customer Support is only available to Users who are eighteen (18) years of age or older. The Interactive Customer Support may allow for a monitoring and/or recording feature whereby Company can monitor and/or record audio and visual data between you and a Company employee or contractor. By accessing the Interactive Customer Support and/or agreeing to these Terms, you: (i) represent and warrant that you are at least eighteen (18) years of age, (ii) explicitly consent to Company’s use of monitoring and/or recording feature whereby Company can record audio and visual data between you and a Company employee or contractor, and (iii) release such recording to Company for our internal use. 

8. DISCLAIMERS

THE SITES AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” TO THE EXTENT APPLICABLE BY LAW AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) the Services are dependent on a number of factors beyond AlayaCare’s control, including but not limited to, the operation of hardware and network services provided by third parties

TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY, RISK, LIABILITY, AND DAMAGES ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM ASSEMBLY OR OPERATION OF OUR PRODUCTS. COMPANY ASSUMES NO RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES OR MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES OR THIRD-PARTY SITES & ADS OR APIS EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES AND SERVICES AND APIS AND OTHER CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50); OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. TERM AND TERMINATION

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Sites or Services. We may (a) suspend or terminate your rights to use the Sites or Services (including your Company Account) or parts thereof, or, (b) terminate these Terms of Use, at any time for any reason at our sole discretion, including for any use of the Sites or Services in violation of these Terms of Use. Upon termination of these Terms of Use, your Company Account and right to access and use the Sites and Services will terminate immediately. You understand and agree that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. The Company will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your Company Account or deletion of your User Content. Even after these Terms of Use are terminated, the following provisions will remain in effect: Sections 3.2, 4, 5, 9, 10 and 12.2.

11. INTELLECTUAL PROPERTY INFRINGEMENT

We will terminate the accounts of users who repeatedly infringe intellectual property and reserve the right to take down any Content that we conclude, at our sole discretion, may infringe third-party rights. 

12. GENERAL

12.1 Changes to Terms of Use.

These Terms of Use are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Sites. Any changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Sites or Services. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Sites or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

12.2 Governing Law and Venue.

These Terms of Use shall be governed by the laws of Australia without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms of Use or the Sites or Services (a “Claim“) must be brought in a federal or state court located in New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, the Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

12.3 Entire Agreement.

These Terms of Use, and any supplemental terms, policies, and guidelines incorporated herein constitute the entire agreement between you and us regarding the use of the Sites and Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms of Use shall be binding upon assignees.

Last update 2 August 2021