LAST DATE UPDATED: October 17, 2017
1. ACCOUNTS AND PAYMENT
1.1 Account Creation. In order to use certain features of the Sites (e.g., to upload a design and/or to make store purchases), 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; 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. The 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 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.
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 8.
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.
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 through MakerBot Labs (all such products collectively referred to herein as the “MakerBot Experimental Product”) or to any print profiles, modes, or settings created by you using Company products (“Print Profile”). You retain all your intellectual property rights in your User Content. Company does not claim ownership in any User Content. You are solely responsible for your User Content, and 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 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.
3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to the Company, 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.
3.5 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 nonconfidential 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. SECONDARY LICENSE FOR USER CONTENT AND DESIGNS
4.1 When you upload certain User Content to the Sites or Services, you will be asked to select a secondary copyright license, which is additional to the license you grant to the Company and its affiliates and partners under these Terms. This secondary license will instruct other Sites or Services users on how they may use your User Content, and you will be solely responsible for your selection and for complying with and enforcing the terms of the secondary license you select. You may designate this secondary license to be one of the Creative Commons Licenses (see http://www.creativecommons.org) or any other license based on the Company’s discretion. You agree that the Company may make your User Content available to other Users, subject to the terms of the secondary license you select; however, if you select the “All Rights Reserved” secondary copyright license, you agree that it means the Company may display your User Content for public viewing on the Sites and other Sites or Services users must contact you to obtain additional rights, as necessary. While the Company will advise other Users, Sites, Applications 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 the Company’s responsibility to enforce this secondary license and the Company cannot guarantee that your secondary license will in fact be observed by other Sites or Services users.
4.2 Section 6.3.2 below sets forth additional information on secondary licenses and how they relate to payments that Users may accrue based on particular licenses selected by a User for his or her User Content on the Sites.
6. THIRD-PARTY SITES & ADS; OTHER USERS; MAKERBOT 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. Except as set forth in the User-to-User Payment Terms, if there is a dispute between you and any User, we are under no obligation to become involved.
6.3 MakerBot Developer Program. The MakerBot Developer Program provides software developers (“Developers”) with the ability to integrate their software application, website, or other software interface (“Application”) with the MakerBot Ecosystem. “MakerBot Ecosystem” or “Ecosystem” includes, but is not limited to, the MakerBot Cloud Library, MakerBot Desktop, MakerBot Print, MakerBot Mobile, MakerBot Replicator 3D Printers, Thingiverse, Thingiverse API, integrated Applications, and the MakerBot Library.
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. Company has implemented measures on certain User Content licensed under specific secondary licenses from being accessible through Applications. These measures mean that, subject to the terms of the secondary license that you selected as referenced in Section 4.1 above, you either: 1) need to provide your express permission in sharing User Content through Applications; or 2) you may automatically be opted into having that content be accessible through Applications. You may opt-out of sharing your User Content under 2) above by: a) revoking permission to the Application as specified on the Site; and/or b) choosing a different license. For secondary licenses for which you are not automatically opted-in, you may give permission to make your applicable User Content available through the Application by: a) granting permission to the Application as specified on the Sites; and/or b) choosing an appropriate alternative license. User permission will override the license. A User is responsible for the license they choose for his or her User Content. Regardless of such measures, the Company cannot guarantee that your secondary license will in fact be observed by the Applications. For all Applications, you are solely responsible for ensuring that their Applications comply with the secondary licenses. If you think a Developer is breaching your secondary license, please contact the Developer or Company.
6.3.3 Tipping. If you make your User Content available under Section 6.3.2 above, you may be able to make Tips (as described and defined in more detail in the User-to-User Payment Terms.
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”. Please visit http://support.makerbot.com/ for our current Customer Support options. 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 a 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.
THE SITES 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 SITES: (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, 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
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
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, in our sole discretion, may infringe third party rights. See our Intellectual Property Infringement Policy.
12.4 Copyright/Trademark Information. Copyright © 2010-2017 MakerBot Industries, LLC. All rights reserved. All trademarks, logos and service marks (“Marks“) displayed on the Sites 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.
MAKERBOT, MAKERBOT ACADEMY, MAKERBOT DIGITIZER, MAKERBOT EDUCATOR, MAKERBOT INNOVATION CENTER, MAKERBOT LABS, MAKERBOT MOBILE, MAKERBOT MULTISCAN, MAKERBOT PRINT, MAKERBOT PRINTSHOP, MAKERBOT REPLICATOR, MAKERBOT STUDIO, MAKERBOT TOUGH, MAKERCARE, MAKERWARE, THE REPLICATOR, THINGIVERSE, THINGIVERSE EDUCATION, THINGIVERSE MOBILE, BOTCAVE, BOTFARM, MIGHTY BOARD, REAL-TIME PROTOTYPING, STEPSTRUDER, THING-O-MATIC, and TOUGH PLA are trademarks or registered marks of MakerBot Industries, LLC. All rights reserved.
All other brand names, product names or trademarks belong to their respective holders.