Last updated February 24, 2014The websites located at www.makerbot.com and www.thingiverse.com (together, the "Site") are copyrighted works belonging to MakerBot Industries, LLC and its affiliates ("Company", "us", "our", and "we"). Company provides a service for users to share digital designs that can be printed on 3D printers to create physical objects, and offers to sell and deliver products (collectively, with all other services provided through the Site, the "Services"). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
We realize Terms of Service can be confusing and, quite frankly, a snooze-fest; however, they are very important in explaining the basis of what we, the Company, expect of you, the User, while on this Site and how this interaction plays out. We promised “understandability” so, to the right of each term, we provided a summary in “plain English”.
By accessing or using our Site, you agree to the terms below; if you don’t agree, don’t use the Site.
- 1.1 Account Creation. In order to use certain features of the Site (e.g., to upload a design and/or to make store purchases), you must register for an account with 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; and (b) you will maintain the accuracy of such information. You may delete your Company Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Company Account in accordance with Section 9.
- 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 Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Account Creation: if you want to use our Site, you must create an account so we can avoid spam and know how to contact you. Others need to know, too, how to reach you to use your content but more on that later. As for your information, please keep it updated! And although hard to imagine, you can call it quits at any time. We can do this too; see Section 10
Account Responsibilities: in the multitude of logins we all maintain in our daily lives, we have to remind you that this one, too, should be kept secure. It’s your responsibility. If someone uses it without your “OK” or you suspect such, let us know!
- 2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 8.
- 2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
2. Makerbot & Us
What we allow you to do: We own the site and services and, by definition, it’s our intellectual property with all the copyright and trademark rights that naturally attach as per US Copyright law. So you’re in the clear, we give you permission to use Thingiverse in a certain way through a license. We’re NOT talking about what you upload or post – that comes later.
In exchange for this permission, we expect you to NOT overstep by…
- doing anything commercial related to the Site
- copying or modifying our content
- stealing our format and/or code
We can change anything on the Site or stop it at any time. If we do change or stop the Site and something bad happens to you or somebody connected to you through this Site, you agree not to sue us.
We’re not promising anything related to support or maintenance.
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 Site or Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
- 3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Company and its affiliates and partners, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- 3.3 Acceptable Use Policy. The following sets forth Company's "Acceptable Use Policy": (a) You agree not to use the Site 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 Site 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 e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user's use and enjoyment of the Site or Services; (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site 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 aggregating, embedding or deep-linking content from your own web site, service or platform to the Site for commercial purposes without the prior written consent of Company
- 3.5 Feedback. If you provide Company any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3/4/5. Makerbot & You
Anything you upload or post is yours. As such, you are responsible for it and anything bad that happens to you related to this content. Since we’ve already mentioned we can change or stop the Site at any time, please be sure you have backup copies. We’ll get to what you can and cannot post or upload in a moment.
What you’re allowing us to do on the Site: since you own your content, we need your permission to use it in whatever way we see fit on the Site, which is what’s allowed here. Make sure you truly do own it. So foreign law doesn’t complicate what’s already complicated with US Copyright law, you waive “Moral Rights”.
How the world can use your designs: outside of Thingiverse, you need to explain to others how they can use your content. You own it and the rights that attach so tell everyone how you will permit them to use it. One way to go is a Creative Commons License which, on the copyright spectrum, falls between “none” and “all”. Be advised: we may share your content with others. These “others” are supposed to follow your usage restrictions and we’ll tell them such. They may or may not listen. If they don’t, that’s between you and them; please don’t blame us.
What we don’t want you to do…and what happens if you do:
Please don’t post anything illegal, pornographic, threatening, abusive, hateful, obscene or do anything commercially exploitative or engage in data mining, site manipulation or, in general, cause Site mayhem, which we’ll collectively call “bad”. If we learn you did, we have the right to remove the content and the account without notice. And if this bad thing cost us any money, you’re responsible. If it’s specifically illegal, we’ll take further action. We reserve the right to refuse service to anyone. Bottom line: please be reasonable and responsible.
If what you’re doing amounts to unacceptable use to us, we will modify your content or remove your content. Depending on the degree of unacceptability, we may terminate your account. We will notify you of any action taken by us.
- When you upload certain User Content to the Site or Services, you will be asked to select a secondary copyright license, which is additional to the license you grant to Company and its affiliates and partners in Section 3.2. This license will govern how other Site or Services users may use your User Content. You can designate this license to be one of the Creative Commons Licenses (see http://www.creativecommons.org) listed in the pull-down menu on the Site. You agree that Company may make your User Content available to other Site or Services users, subject to such other Site or Services users abiding by the terms of this secondary license; however, if you select the "All Rights Reserved" secondary copyright license, you agree that it means Company may display your User Content for public viewing on the Site and other Site or Services users must contact you to obtain additional rights, as necessary. While Company will advise other Site or Services users of the secondary license you select and request that the terms of such license be observed, you acknowledge that it is not Company's responsibility to enforce this secondary license and Company cannot guarantee that your secondary license will in fact be observed by other Site or Services users.
6. Third Party Sites & Ads; Other Users
- 6.1 Third Party Sites & Ads. The Site 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 Company and Company is not responsible for any Third Party Sites & Ads. 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 Site or Service 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 Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
- 6.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, 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 Site or Service users or Third Party Sites & Ads. 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."
6. Third Parties, Other Users
We may provide links to others sites and services. That’s all we’re doing— providing a link. We’re not promising anything. Link up with these third parties at your own risk. We are not responsible for any problems that may result. As mentioned, we are not responsible for your content. You own that as well as any problems from other users that may relate to that content. We’re not obligated to referee either. It bears repeating: you agree not to sue us.
- THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" 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 SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
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, NON-COMPLIANCE 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.
MAKERBOT 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 THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. It might break
What you see is what you get. Mistakes happen; we’re human. If you use the Site, you agree to this and use at your own risk. You also agree not sue us. If you don’t agree, please do NOT use the Site.
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.
8. Stuff happens
Stuff happens, things go wrong. Where a state allows, in no case will we be responsible for more than $50.
9. Back up your stuff
To reiterate, we have the right to close you down for any reason. If that happens, you can’t use the Site anymore. That also means your stuff will be deleted. Don’t blame us; we warned you.
10. Intellectual Property Policy. We will terminate the accounts of users who repeatedly infringe intellectual property. See our Intellectual Property Policy here.
10. Don't infringe
Intellectual Property is important enough to have its own policy. Read that one too please.
- 11.4 Copyright/Trademark Information. Copyright © 2010, 2011, 2012, 2013 MakerBot Industries, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
You’ve heard this already: we can change these Terms at any time. Check back here from time to time. If we make any big changes, we’ll give you notice. Keep your contact information updated, please.
Since the laws vary from state to state, we’ll go with the laws and courts of our home-base, New York, to handle any disputes.
The only agreement between you and us is this agreement. If we don’t exercise a right here, it doesn’t mean we waive it for all eternity. And if any term is deemed “no good”, the rest of the agreement is still valid. Just because we have this agreement with you does not make you an employee but rather an “independent contractor”. You can’t transfer these terms to someone else.