Privacy Policy

MINDSCAPE 3D INNOVATIONS (WWW.MAKEMY3DPRINTS.COM)

Last updated: 25th December 2016

CAD design service

Client’s obligations

The Client will provide or assist us in obtaining whatever materials, text or information are required for the provision of the services. We reserve the right to charge for time spent acquiring or amending such materials, text or information where those supplied by the Client are inadequate, or where the Client’s instructions are inaccurate or incomplete.

The Client will review all specifications, drafts and proofs provided by us and provide feedback and/or approval in a timely manner.

The Client will thoroughly check such specifications, drafts and proofs provided by us before signing off on them. Once written approval has been given the Client will have no further opportunity to make changes to the final product and we shall not be responsible for any error subsequently discovered in the final product. Nor will we be liable for any Client dissatisfaction with the product where the final product is produced in accordance with the signed-off specification. Any changes we do subsequently agree to make will be at our sole discretion and we reserve the right to charge for them. Any claims for damage or short supplied goods must be made in writing within seven days of goods being received.

Information sent from the client about specification, modification or general product information must be sent via email and not in hand written or verbal form. Errors occurring from information in non email from will not be covered for refundable or free of charge amendments to both digital or physical works.


Intellectual property

The Client represents and warrants to makemy3DPrints that any elements of text, graphics, images, designs, trademarks or other material supplied or disclosed to makemy3DPrints are the property of the Client or the Client has permission from the rightful owner to use each of those elements and that makemy3DPrints its use of such material shall not infringe the intellectual property rights of any third party.

makemy3DPrints will inform the relevant governing bodies in the event that it finds itself in possession of an illegal image. Any product produced by makemy3DPrints for the Client using or containing anything supplied or disclosed by the Client which infringes the intellectual property rights of any third party will remain the liability of the Client and the Client will indemnify and keep indemnified makemy3DPrints against any loss, damage claim or expense arising out of such infringement.

Where all sums owed to us under this agreement have been received, makemy3DPrints will assign to the Client all intellectual property rights (including copyright) in the final product as are owned by us and capable of assignment. All images, text, layouts, website scripts and source code appearing on or associated with our websites are copyright of Mindscape 3D Innovations @2016. All media published on our websites remain the intellectual property of makemy3DPrints. makemy3DPrints shall have the right to use the Client’s name & logo royalty-free in its own marketing material.


Retention of title

All goods or services sold or supplied by makemy3DPrints remain our property until payment is made in full. Though the intellectual property of files is under ownership of the client, data files and drawings produced will remain property of makemy3DPrints until a release fee is agreed. This fee is at our discretion, though our standard release fee is twice that of the cost of the CAD work and is an additional cost to that of the CAD work itself.

Functionality of digital designs created by makemy3DPrints

All designs will be to the best of our knowledge and ability, however with prototyping, this may take a few attempts to produce an item fit for purpose. After agreed client sign off of digital items makemy3DPrints bears no responsibility for the fit, form and functionality of the parts produced. Amendments and future prints are subject to standard our chargeable rates.

Warranties and liabilities

makemy3DPrints warrants that to the best of its knowledge and belief the final product shall not infringe any third-party rights or be in any way contrary to Indian law. All other warranties or representations whether express, implied or statutory, with respect to our service, including, without limitation, any implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement are hereby excluded to the maximum extent permitted by law. No oral or written information or advice given by us shall create a warranty. makemy3DPrints maximum aggregate liability to the Client under this agreement shall in no circumstances exceed an amount equal to the total amount actually paid by the Client under this agreement. In no event shall makemy3DPrints be liable to the Client for any loss of business, loss of opportunity, profits or goodwill or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of the Client incurring such a loss. The Client shall indemnify and keep indemnifying makemy3DPrints from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which we may incur or suffer resulting from any act, neglect or default of the Client or its agents, employees or licensees, or the infringement of the intellectual property rights of any third party.

Confidential information

The parties agree to treat as secret and confidential and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business which they may acquire in the course of the agreement. The above restrictions shall not prevent: (a) the disclosure of information if required by law; or (b) the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure by the Consultancy.

General

Amendment: Any valid alteration to or variation of this agreement must be in writing and signed on behalf of each of the parties by a duly authorised representative.

No Waiver: No failure of either party to enforce at any time or for any period any term or condition of the agreement shall constitute a waiver of such term or of that party’s right later to enforce all terms and conditions of the agreement.

Severance: If any provision of the agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the agreement and the remaining terms of the agreement shall remain in full force and effect.
Force Majeure: Neither party shall be liable for any delay in performing or failure to perform its obligations under the agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an “event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure. The Client’s obligation to pay all amounts due under this agreement is explicitly excluded from the provisions of this clause.

Jurisdiction: The agreement is governed by and is to be construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts of Delhi.


Use of the makemy3DPrints.com 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 makemy3DPrints 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 makemy3DPrints 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 makemy3DPrints. makemy3DPrints shall not be responsible in any way for the content of such other websites. makemy3DPrints provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by makemy3DPrints of the content of such websites. Since the makemy3DPrints 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 endeavour 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 model, comments on the Website, specifications provided in your order as well as the printed model 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.

makemy3DPrints 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.

ALL data created/supplied by you remains your own intellectual property, unless you grant us your permission to distribute and share images and information of your parts, this does not include distributing the 3D file(s) that you have supplied us with. By paying for your order you agree that if necessary we are able to outsource your 3D data to one of our carefully selected partners, who they themselves are covered under ours and their own non-disclosure agreements that they won’t be able to use any of your data without first seeking you permission.

By agreeing to our service ‘Social Postage’* you agree that makemy3DPrints is allowed to show and distribute images of your files, but not including the 3D data itself, via any of our channels, this includes our website and social media channels but it is not limited to these methods. By agreeing to this service we do not need to seek your written permission to distribute images of your files through any of our channels and you are not able to request for pictures to be removed after something has gone live.

*(The Social Postage button this means that if makemy3DPrints decide to use any images of your parts through any of means, you will have your postage cost’s refunded back to you, this is at our own discretion) Intellectual Property Rights of 3D Designs/Models/Prints

You, as a designer, retain ALL your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, makemy3DPrints shall NOT use, modify, display or distribute your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is either your original creation and not copied from any third party and/or entity or that you own the intellectual property rights of the design. 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 makemy3DPrints against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by makemy3DPrints with respect to such claims.

We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights. We are happy to sign non-disclosure/confidentiality agreements where necessary.


Consent to Use of Personal Data

By using our Services, you agree that makemy3DPrints may collect and use personal data about you. Such information collected through this Website shall only be used for our own records and will never be sent, sold or distributed to any third parties without consent.

Limitation of Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the makemy3DPrints 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 models 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.

MAKEMY3DPRINTS 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 makemy3DPrints FOR THE RELEVANT ORDER..


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