Terms of Use

Thank you for visiting www.3dker.com. The website has been available to you subject to your compliance with the Terms of Use set forth below. Please read this document carefully before accessing or using 3dker.com.The site is copyrighted works belonging to 3Dker. This is a legal agreement between you and 3DKer for the use of the site and services. By accessing or using the site, you are accepting these Terms of Use (On behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms of Use, do not access or use the site.

1. Registration

1.1 Account Creation

In order to use certain features of the Site (e.g., to upload a design), you must register for an 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; (b) you will maintain the accuracy of such information.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify any unauthorized use, or suspected unauthorized use of your account or any other breach of security. 3DKer cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Site

2.1 License

Subject to these Terms of Use, 3DKer grants you a non-transferable, non-exclusive license to use the site and services for your personal, noncommercial use.

2.2 Certain Restrictions

The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site or services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site or services; (c) you shall not access the sites or services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the site or services shall be subject to the terms of these Terms of Use. All copyright and other proprietary notices on any site or services content must be retained on all copies thereof.

2.3 Modification

3DKer 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 3DKer 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.

2.4 No Support or Maintenance

You acknowledge and agree that 3DKer will have no obligation to provide you with any support or maintenance in connection with the site or services.

2.5 Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the site and services are owned by 3DKer or 3DKer’s licensors. The provision of the site and services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. 3DKer and its suppliers reserve all rights not granted in these Terms of Use.

3. Uploading Content

3DKer.com registered users may upload and post content to the website. This content may be in the form of uploading 3D printable files and posting other content (such as profile information and comments). You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, license and permissions to submit such content and can lawfully grant 3DKer.com the rights required in such content (See Intellectual Property Policy section). You further represent and warrant that you shall not upload content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. 3DKer.com reserves the right to refuse or cancel user registrations or otherwise restrict access to the website in its absolute discretion.

4. Disclaimers

The site expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of fitness, title, quiet enjoyment, accuracy, or non-infringement. We make no warrantee 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 operate of our products. 3DKer 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 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.

5. Limitation on Liability

In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms of use or your use of, or inability to use, the site or services or third party sites. Even if we have been advised of the possibility of such damages, access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

6. Term and Termination

Subject to this Section, these Terms of Use will remain in full force and effect while you use the site or services. We may (a) suspend your rights to use the site or services or parts thereof, or, (b) terminate these Terms of Use, at any time for any reason at our sole discretion, including for any use of the site or services in violation of these Terms of Use. Upon termination of these Terms of Us, your account and right to access and use the site and services will terminate immediately. You understand that any termination of your account involves deletion of your User Content associated therewith from our live databases. 3DKer will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your account or deletion of your User Content.

7. Intellectual Property Policy

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of 3DKer.com or the original content of uploader or uploaders, its content suppliers are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload post, transmit, or distribute any portion of the website contents without the prior express written consent of 3DKer.com or the original content uploader or uploaders. You may print or download portions of the materials from various areas solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe that any material on the website is in violation of any copyright or other intellectual property rules or laws, please contact us so that we may address the issue. 3Dker.com grants you limited, non-transferable, license to access and make use of this website including the download of 3D print files. This website or any portion of this website may not be reproduced, redistributed, duplicated, adapted, copied, transmitted or otherwise exploited for any commercial purpose without the express written consent of 3DKer.com or its relevant licensors. You may not access any content on the website (including, without limitation, 3D print files) for any other reason except your non-commercial, personal use solely as intended through the web interface. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of 3DKer.com without our express written consent. You may not use META tags or any other “hidden text” which utilize any derivative of our domain or business name without the express written consent of 3DKer.com.

8. Third Party Services

The services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. 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 on or through any such website or resource.

9. Indemnification

You agree to indemnify and hold harmless 3DKer (and its officers, employees, agents, licensors, suppliers and any third party information provider) to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Term and Uses (including negligent or wrongful conduct) by you or your use and access of the 3DKer website.

10. Privacy Policy

10.1 Information Collected

We track the following categories of information when a visitor enters the Site: IP address, domain servers, type of computer used to access the Site, types of web browsers. Such data does not collect information that identifies you as an individual. 3DKer uses anonymous data to help enhance customer experience on the site. We also use cookies when you visit this site to help us remember your preferences and gather information to optimize performance. Cookies also help us understand your preferences based on your site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You can adjust your cookies settings to determine what information you wish to share with us. To the extent that you choose to post content on the Website, information on the website, you understand that any information is able to be viewed by the public and you should use common sense about what information to share.

10.2 Confidentiality and Security of Contact Information

We will not share your Contact information with third parties, unless such disclosure is necessary (as determined in our sole discretion) to: (a) company with a court order or other legal process; (b) protect the rights, property, and/or safety of 3DKer or any third party; or (c) enforce the Terms of Service.

10.3 Rights and Responsibilities:

If you have shared any personally identifiable information with 3DKer – or if you have further questions or concerns about our data handling or security policies – we invite your inquiries as we strive to be compliant with all laws in jurisdictions.

10.4 Updates and Changes to Privacy Policy

We reserve the right, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on this Privacy Policy. Any such change, update or modification will be clearly marked and shall be effective immediately upon posting.

11. Applicable Law

These Terms of Use shall be governed by the laws of China without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than China. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the services, shall be governed by the exclusive jurisdiction and courts located Hangzhou, Zhejiang, P. R. China.

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