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TERMS OF WEBSITE USE

 

These provisions (including the Terms of Supply and Privacy Policy together with the documents referred to in these provisions) tell you the terms of use on which you may make use of the website www.digitalforming.com (the “Site”), whether as a guest or a registered user (“Terms of Use”).

 

Please read these Terms of Use carefully before you start to use the site. We may update these Terms of Use (and the documents referred to in them) from time to time and will notify such changes to you by uploading such on the Site. You should review these Terms of Use periodically for changes. By using the Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Site.

 

Information about us

The Site is operated by DIGITAL FORMING SERVICES LIMITED ("we", “us”, “our”).  We are registered in England and Wales under company number 08017516and have our registered office at 146 Bridge House, St George Wharf, London SW8 2LQ.

 

Eligibility

By setting up an account through the Site, you warrant that:

(a) you are legally capable of entering into binding contracts;

(b) you are at least 18 years old;

(c) you are resident in one of the Serviced Countries; and

(d) you are accessing the Site from that country.

 

Accessing the Site

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us. You will need to register with us in order to upload any material (“Contribution”) onto the Site.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to the Site.  You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.  

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.  

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We ask our users to respect the intellectual property rights of third parties. By submitting any Contribution to the Site, you agree to grant us, DIGITAL FORMING SERVICES LIMITED and oursubsidiary or holding companies and each and any subsidiary of a holding company of us or holding company of a holding company of us ( with such terms being given their meaning as set out in section 1159 of the Companies Act 2006)(each an “Affiliate”)  a non-exclusive licence to use that Contribution.  Although you will still own the copyright in your Contribution, we and/or our Affiliates will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution.  This licence will be free of charge, perpetual and capable of sub-licence. We and/or our Affiliates may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

Please also note that, you must ensure that your Contribution does not infringe any intellectual property right, copyright, database right or trade mark of any other person.  By submitting your Contribution to the website, you are warranting that you have the right to grant us and/or our Affiliates the non-exclusive copyright licence described above.

If you are not in a position to grant such a licence to us and/or our Affiliates, please do not submit the Contribution to the website.

 

Reliance on information posted

Commentary and other materials posted on the Site by us are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

 

The Site changes regularly

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

Our liability

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we, our Affiliates and third parties connected to us expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity (in each case whether express or implied).

Nothing in these Customer Terms shall exclude or limit in any way our liability:

(a) for death or personal injury caused by our negligence;

(b) for fraud or fraudulent misrepresentation; or

(c) for any other liability which cannot be excluded of limited by applicable law.

Subject to the preceding paragraph, we shall not be liable to you for any: (i) direct, indirect or consequential losses arising out of or in connection with these Terms of Use and/or use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, and/or (ii) the following heads of loss (in each case whether direct or indirect): (a) loss of income or revenue;

(a) loss of business;

(b) loss of profits or contracts;

(c) loss of anticipated savings;

(d) loss of data;

(e) loss of goodwill;

(f) wasted management or office time; and

(g) for any other loss or damage of any kind.

 

Information about you and your visits to the Site

We process information about you in accordance with our privacy policy.  By using the Site, you consent to such processing and you warrant that all data provided by you in any registration forms or submissions is accurate, current and complete.

 

Interactive services

We may from time to time provide interactive services on the Site, including, without limitation software design interface, videos, tutorials, messenger, email, blogs, community features, widgets.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Uploading material to the Site

Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in these terms and conditions.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.  

Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out below or for any reason at our sole discretion.

If you believe that any content on the Site infringes your intellectual property rights, please contact us at shop@digitalforming.com, telling us which content is infringing, with supporting documentation, and provide us with your contact information so we can contact you regarding our investigation into the  relevant content.

If the Site is moderated, contributions submitted to the Site may be checked by us for compliance with our content standards set out herein.  

If the Site is moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the Site and we may stop moderating the Site at any time.  We reserve the right to remove, or to disable access to, any Contribution for any reason including our deeming the Contribution to be potentially defamatory of any person, unlawful or in violation of any third party rights. We expressly exclude our liability for any loss or damage arising from the use of the Site by any person in contravention of these Terms of Use including the content standards set out below.

 

Content standards

These content standards apply to any and Contributions, and to any interactive services associated with the Site.

You must comply with the spirit of the following content standards as well as the letter. The content standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);

  • be genuinely held (where they state opinions); and

  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;

  • contain any material which is obscene, offensive, hateful or inflammatory;

  • promote sexually explicit material;

  • promote violence;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, database right or trade mark of any other person;

  • be likely to deceive any person;

  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • promote any illegal activity;

  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

  • give the impression that they emanate from us, if this is not the case;

  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; and/or

  • be used for advertising purposes without our written permission.

 

Designs.

You may use the Site to create and submit product interactive digital product designs (including but not limited to STL file,.OBJ file,.ODO file, customisation files or any other computer-readable 3D file format or any other file format (as may be amended from time to time) drawings, specifications, images, photographs or any other representative form of a product design whether in 3D or otherwise) andany documents, information and materials provided by you to us relating to the digital product designs whether provided via the Site or otherwise (“Designs”).  

We have sole discretion: (a) on the inclusion, positioning, location and all other presentation of your Designs on the Site; (b) to remove your Designs from the Site at any time for any or no reason; (c) to retain copies of your Design for any period of time as a record to assist with research and development and quality control of the Site. For the avoidance of doubt, such material shall not be used in any other manner without your prior consent.

In submitting your Designs to the Site, you shall:

  • warrant that you have full authority to enter into the terms of this agreement and owns your Designs or have appropriate licenses to use your Designs submitted to the Site;

  • co-operate with us in all matters relating to the Sites and act in good faith towards us including providing such other information as we may reasonably request from time to time;

  • ensure your designs comply with the content standards set out above;

  • use the Site to import and customise your Designs in order to make them available for marketing through the Site for sale to consumer end users of the Site or third party marketplace websites (“Marketplace”);

  • select on the Site the Marketplaces through which you wish your Designs to be made available, provided that you acknowledge and agree that (i) in the absence of any selection by you, we shall be entitled to select the relevant Marketplaces; and (ii) Marketplaces select which your Designs they make available to customers, and can choose at their own discretion whether or not to accept your Design;

  • ensure that any Site user subscriptions: (i) are kept confidential, secure, used properly and not disclosed to unauthorised third parties and inform us as soon as reasonably practicable, if you suspect a user subscription has or is likely to become known to an authorized third party or is being or is likely to be used in an unauthorised way ; (ii) not shared or used by more than one user; and (iii) used solely to access the Site for purposes which are in accordance with these Terms of Use and applicable laws and government regulations;

  • be responsible for any use of the Site made through user subscriptions created for you;

  • ensure that all information provided about your Designs are true, accurate, current, legal and complete and promptly updated:

  • ensure that all your Designs are not replica or design copies of any other brand, designer or manufacturer, and that no brand name or trademark not owned by you is used in connection with your Designs, whether by implication or actual use, unless you have and provide to us third party written permission for such use;

  • ensure that if requested by us, all communications with us are submitted through the Site;

  • provide us, samples, sales literature and other documentation and information relating to your Designs as we may from time to time reasonably require for the purposes of promoting your Designs on Marketplaces and to enable us properly and efficiently to discharge our duties under these Terms of Use;

  • obtain and maintain all necessary licences and consents and comply with all relevant laws applicable to your Designs and the manufacture, sale, packaging and labelling of products based on your Design;

If we make the uploading of your Designs to the Site available on a paid user subscription basis: (a) your access to the Site shall be limited to the specified number of paid user subscription obtained by you; (b) you may obtain additional paid user subscriptions at the then current price for user subscriptions as provided by us during any applicable subscription period, such price being prorated for the remainder of the subscription term in effect at the time the additional paid user subscriptions are added’; and (c) additional paid user subscriptions shall terminate on the same date as the pre-existing paid user subscriptions.

You acknowledge and agree that while we may from time to time make available to you through the Site the opportunity to contract for placement of your Designs on Marketplaces, those Marketplaces are third-party products or services and are not provided by us and we shall have no liability to you relating to or arising from any placement of your Designs on Marketplaces.

By submitting a Design you grant us and our Affiliates a non-exclusive, royalty-free, sub-licensable (including to Marketplace providers) licence, to use, distribute, reproduce, and display your Designs in accordance with these Terms of Use, including the rights to:

  • access and use any Design in the operation of the Site and the supply of your Designs to Marketplaces;

  • create derivative works of your Designs including the translation of your Designs into the local language and/or languages for display on Marketplaces;

  • if required by us:

    • use any of your trademarks, logos and branding in the promotion and advertisement of your Designs on Marketplaces, through third party advertisement platforms promoting Marketplaces and Marketplace URLs and website titles and URL and website title of third party sites; and

    • display or use (directly or indirectly) of your trademarks in any search engine marketing or optimisation activities, including the right to: (i) bid on the aforementioned trade marks for keyword advertising; (ii) bid on derivatives of the aforementioned trademarks for keyword advertising; and (iii) bid on words which are closely related to the aforementioned trademarks for keyword advertising (including “broad match” terms).

In addition, you grant us and our Affiliates a non-exclusive, royalty-free, perpetual licence to use, distribute, reproduce, and display your Designs for:

  • marketing the Site and our services, provided that each such type of use shall be subject to your prior written consent of (such consent not to be unreasonably withheld or delayed);

  • our internal business purposes including research and development; and

  • the purposes of sublicensing your Designs to third parties for inclusion on their Marketplaces provided that in each such instance the sale of any product created from your Design shall result in a payment being due to you.

We acknowledge and agree that all intellectual property rights in and to your Designs shall remain the property of you and your licensors, and that we have and will acquire no right in them by virtue of the discharge of our obligations under these Terms of Use except for the right to use such intellectual property rights in as permitted above.

You shall defend, indemnify and hold harmless us and our Affiliates, and our respective officers, directors and employees against any losses, damages, costs (including legal fees on a solicitor-client basis) and expenses suffered or incurred by the Indemnified Parties in respect of any claims (whether alleged or by formal proceedings): (a) that your Designs infringe the intellectual property rights or such other rights of any third party; (b) that any third party’s intellectual property rights are infringed through, or in connection with, any use of the Site by you; (c) in respect of damage to property, death or personal injury arising from any fault or defect in the materials or workmanship of your Designs; (d) that your Designs do not comply with applicable law.

We shall track on the Site all sales of products from your Designs on each Marketplace and shall inform you from time to time of the number of such sales in the period specified (“Settlement Period”).  On expiry of each Settlement Period, we shall within 14 days of the end of the relevant Settlement Period send you a written statement setting out, in respect of such Settlement Period: (a) the sums due to you for use of your Designs by us, our Affiliates or third party providers of Marketplaces; (b) any fees payable to us; and/or (c) the sums to be transferred to you once any fees payable to us has been deducted (“Adjusted Income”).

We may charge Designers one, some or all of: (a) a sign on fee for access to the Site as set out on the Site; (b) a monthly subscription for use of the Site; and /or (c) a processing fees per transaction and/or per design used, each from time to time by providing you with at least thirty (30) days’ written notice of the introduction of or change to such fees.  If you maintain your Designs on the Site following any such thirty (30) day period, then the relevant fees shall be payable.

The amount of fees payable to us in each Settlement Period shall be as set out on the Site from time to time.  You may then invoice us, our Affiliates or the party operating the Marketplace for payment for use of your Design.  

We may deduct our fees from the sums paid to us on your behalf by third party providers of Marketplaces, and thereafter we shall pay the Adjusted Income to you at your designated bank or electronic payment system account within 14 days after the end of the relevant Settlement Period.  You shall provide us with your bank or electronic payment system details by entering them into the Site and shall also provide any other information as may be required by us in order to make such payment.  You must accurately provide and frequently check such details of your business bank or electronic payment system account as are required or requested by us in order that payment of Adjusted Income may be processed to you.  You are responsible for paying any banking or electronic payment system charges or other administrative expenses incurred by us as a result of any inaccuracies in the bank or electronic payment system details notified to us.

If we commence charging fees for access to or use of the Site you shall pay all Fees for which we invoice you.  We may issue invoices in advance in respect of the monthly Fees.  Fees for paid user subscriptions are: (a) based on monthly periods that begin on the subscription start date and each renew at the first day of each subsequent month; (b) charged for a full month if added after the first day of a month; and (c) non-cancellable and fees paid are non-refundable. You shall pay each invoice issued by us to you within fourteen (14) days of the date of the relevant invoice. You shall make all payments to us due under these Terms of Use without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise.

If any sum due from you to us is not paid on or before the due date for payment then we may :(a) suspend your access to the Site; and/or (ii) charge you interest at an annual rate equal to five per cent (5%) above the then current base rate of the Bank of England at the date the invoice was issued on any invoices paid late or the maximum rate permitted by applicable law, whichever is lower, from the date such payment was due until the date paid.

Unless otherwise stated, all fees (if any) are exclusive of all applicable taxes, levies or duties imposed by taxing authorities, including without limitation value-added and withholding taxes, and you will be responsible for payment of all such taxes, levies or duties, provided that we are responsible for all income based taxes payable by us on fees (if any).  If Adjusted Income is subject to VAT this will be payable by you.

 

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or any similar law in any jurisdiction. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

 

Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you without our written permission.

The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above and the prohibited uses set out below.

If you wish to make any use of material on the Site other than that set out above, please address your request to info@digitalforming.com.

 

Links from the Site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and do not endorse or make any representations about such websites, or any material found there, or any results that may be obtained from using them. You access any third party websites linked to the Site at your own risk, and we accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

 

Prohibited uses

You may use the Site only for lawful purposes.  You may not use the Site:

  • in any way that breaches, or may breach, any applicable local, national or international law or regulation;

  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • for the purpose of harming or attempting to harm minors in any way;

  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out herein;

  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

  • in order to build a product or service, or offer services of a competitor, which competes with the Site, and/or

  • for advertising purposes without our written permission.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms of Use; and/or

  • not to access without authority, interfere with, damage or disrupt:

    • any part of the Site;

    • any equipment or network on which the Site is stored;

    • any software used in the provision of the Site; or

    • any equipment or network or software owned or used by any third party.

When we consider that a breach of these prohibited use rules has occurred, we may at our discretion take such action as we deem appropriate.  Failure to comply with these prohibited use  rules constitutes a material breach of the Terms of Use on which you are permitted to use the Site, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Site;

  • immediate, temporary or permanent removal of any Contribution already posted on the Site;

  • issue of warning to you;

  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • further legal action against you; and/or

  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude liability for actions taken in response to breaches of this Terms of Use.  

 

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.  

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

 

Variations

Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.

 

Your concerns

If you have any concerns about material which appears on the Site, please contact info@digitalforming.com. Thank you for visiting the Site.