43Layers Terms and Conditions

The following are terms and conditions of a legal agreement between you and 43Layers, Inc. and its affiliates (collectively, “43Layers”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“43Layers Services” or “Services”) and the use of www.43layers.com (the “43Layers Website” or “Website”).

By using the 43Layers Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the 43Layers Services and Website.

43 Layers Services

The 43Layers Services are made up of different services provided through the Website. One of our Services enables you to create a design project where you are connected with a designer to help you bring a consumer product idea to life as a 3D model.

If you want to turn your 3D model into a physical product, you can place an order with us to have it manufactured. At a charge of a service price and price for the substance used for the product, we manufacture the product for you (i.e., print it with 3D printing or laser cutting technology) in our materials and ship it to you. You can also order products designed by other 43Layers members: 43Layers allows you to browse the Website for products in our Gallery (“Recent Customer Creations” section), to view these products and to place an order for the manufacturing of an available product.

Further, 43Layers offers other services and community features through the Website including a forum, a blog, tutorials etc. where you can get in touch with other users or share your experiences.

Account Terms

You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use 43Layers.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. 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.

Ordering

1) Placing an order To confirm order the product you click the Accept Design button. Then you can select the quantity of the product you order and the material you want the product to be made of. As the next step, we ask you to provide us with information we need for the delivery of the product. Finally you will be redirected to our payment provider’s website to initiate your payment. Please be informed that the language to be used during the whole ordering process is English.

2) Unacceptable orders, cancellation of orders by us If a product is available through our Website (in the “Recent Customer Creations” or “Design Center” section), the basic assumption is that it can be produced. There are however technical or other reasons why 43Layers may not accept or cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be for example but not limited to the unfeasibility of the 3D model, the infringing feature of your product, the destination of the delivery you indicated in your order etc. In case we cancel your partial or entire order we will contact you via email and at 43Layers discretion will issue you store credit or a full refund for the cancelled item(s).

3) Prices for a Product The prices displayed for a given product are only indications and are valid only for the moment that they are displayed. 43Layers reserves the right to change its prices without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the Gallery. 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. Any monies paid related to that order will be refunded to you.

4) Payment and price The amount indicated on the ordering page includes the fee for the Service (such as printing and packing the product) and the price for the materials used to produce the product. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are indicated in either U.S. dollars (USD) or Euro (EUR). If you do not pay in USD or EUR, the currency conversion will be handled by our payment service provider.

You can also initiate your payment for your order via PayPal.com. If you chose to pay using PayPal you will be directed to the PayPal.com website.

43Layers shall not be responsible in any way for the payment process done via the PayPal.com website. Please familiarize yourself with the terms of use of those services of PayPal.

We will not perform the Services until we received confirmation either via PayPal that the transfer of the amount indicated in the order confirmation form has been completed or the funds arrive on our bank account.

5) Acceptance After accepting your order we will send you an order confirmation by e-mail address associated with your 43Layers 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 at contact@43layers.com.

6) Order Tracking Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc. However we continuously change and improve this system.

7) Shipping Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process. We will use our commercially reasonable efforts to ship the product to the shipping address within the delivery time indicated in our confirmation email nevertheless depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from 43Layers to the shipment carrier (FOB Shipping Point, EX Works).

8) Cancellation of your order, return of products. Due to the personalized feature of our Services (i.e. the product is supplied by us based on your specifications), you can not cancel your order after it goes into production. Orders that contain non-refundable items are still cancelable, however note that refund or cancellation will not apply to items in the order that are non-refundable.

Warranty

43Layers warrants only that the product manufactured by us will substantially meet the features of the indicated 3D model within the limitations of the 3D printing or laser cutting technology. 43Layers does not give any warranty about the products and does not guarantee that the product will be fit for any particular purposes. Please inspect the product upon receipt immediately. If the product is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please email us at contact@43layers.com within 10 days after receipt of the product. Such warranty claim can be made only within 10 days after receipt of the product by you. Do not return the product unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.

43Layers provides the Website and the Services “as is“ and “as available”. 43Layers does not warrant that the use of the Website and the Services will be uninterrupted or error free.

43LAYERS MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, 43LAYERS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE NOTE THAT THE MATERIALS WE USE FOR MANUFACTURING THE PRODUCTS MAKE THE PRODUCTS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE PRODUCTS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE PRODUCTS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.

Use of the 43 Layers Website

Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with 43Layers 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. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of 43Layers is strictly prohibited. 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. 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 43Layers. 43Layers shall not be responsible in any way for the content of such other websites. 43Layers provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by 43Layers of the content of such websites.

Since the 43Layers Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.

User Generated Content

The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any product, comments on the Website, specifications provided in your order, as well as the printed product 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.

43Layers 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 43Layers.

Except for your 3D designs, 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 Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website 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 and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. 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.

Intellectual Property Rights of 3D Designs

43Layers and your Designer, retain all your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. However, should you want to own the rights to your design, you can purchase them by paying an agreed upon price with your designer.

In the process of creating your design, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend 43Layers against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by 43Layers with respect to such claims.

Should you decide to purchase the design rights to your product, by uploading your 3D design to the Website, you grant 43Layers a non-exclusive, royalty free worldwide transferable license on your design (i) to use it for the manufacturing of your product in order to fulfill your order; and if you so indicate during the upload process:(ii) to display it on the 43Layers Website;(iii) to use and modify it for the manufacturing of your product in order to fulfill the order of any other Website user.

You can change the rights (ii) and (iii) via the product detail page of the 3D design at any time. With regard to such non-published 3D design, in order to protect third party intellectual property right owners, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights.

By removing your 3D design from the Website you terminate all licenses granted to 43Layers to such 3D design under these Terms and Conditions. 43Layers is however entitled to use your 3D design to fulfill orders of your 3D design that were placed before the removal; and to use your 3D design for promotional purposes, which license shall terminate 6 months after the removal of your 3D design. 3D designs are only used for promotional purposes with your explicit consent.

Consent to Use of Personal Data

By using our Services you agree that 43Layers may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the 43Layers Privacy Statement. For more information please read the 43Layers Privacy Policy.

Limitation of Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the 43Layers Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered products which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

43LAYERS WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY 43LAYERS FOR THE RELEVANT ORDER.

Nothing in these Terms and Conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

Applicable Law

These Terms and Conditions shall be governed by the laws of California, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Califonria, 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 43Layers Services or Website or relating to the products ordered and delivered, shall be brought in the federal and state courts located Marin County, California, USA. The United Nations Convention on the International Sale of Goods shall not apply to the 43Layers Services or Website or relating to the products ordered and delivered.

Indemnification

You agree to indemnify and hold 43Layers and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

Change of the Website, These Services and the Terms and Conditions

43Layers 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 this Website and will have no effect on sales that were completed before such posting. We will make 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 terms governing the Website and the Service.

Miscellaneous

These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by 43Layers represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and 43Layers. No amendment of these Terms and Conditions shall be binding upon 43Layers unless in writing and signed by 43Layers. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

Contact Information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to contact@43Layers.com.

SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. 43LAYERS MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.