Terms of Service

LAST REVISION: 11th August 2019

  1. Introduction
  2. Services by 3DSculpLab
  3. Warranty Policy
  4. Disclaimer
  5. Use of website
  6. User generated content
  7. Intellectual Property
  8. Use of Personal Data
  9. Third Party Services
  10. Indemnification
  11. Limitation of Liability
  12. Applicable Law
  13. Contact Information
  1. Introduction
  2. Welcome to 3DSculpLab! We are excited to have you here. Please read these Terms and Conditions carefully before accessing the Site, it is a binding agreement that you accept when you are browsing or registering to use 3DSculpLab.

    The terms and conditions are legal obligations between you and 3DSculpLab and its affiliates (collectively, ‘”3DSculpLab”, “we”, “us” or “our”). This agreement (together with 3DSculpLab’s Privacy Policy, the “Terms and Conditions”) regulates your rights and responsibilities when you use the services provided by www.3dsculplab.xyz, (the “3DSculpLab website” or “Site”). If you do not agree to all of the terms and conditions described, do not access or use this Site.

  3. Services by 3DSculpLab
  4. 3DSculpLab services are made up of different services provided through the website. One of our services enables you to upload a 3D file to our Website and view it in 3D.

    If you want to turn your 3D model into physical form, 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 model, we manufacture the model for you (i.e., print it with 3D printing technology) in our materials and later ship back to you. Further, 3DSculpLab 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.

  5. Warranty Policy
  6. 3DSculpLab warrants that the printed product will substantially meet the features of the ordered 3D Model within the limitations of the current 3D printing technology. 3DSculpLab does not guarantee that any 3D Model can be applied for any particular purpose. For any real-world application the user shall use the physical 3D Models at his/her own risk. For more information please refer our Return/Refund policy.

  7. Disclaimer
  8. THE SITE AND THE SERVICES ARE PROVIDED IN THE FOREGOING PARAGRAPH “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 3dsculplab CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITE. 3DSculpLab DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

    EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, 3DSculpLab MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

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

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE SELECTION OF MATERIALS. YOU MAINTAIN SOLE LEGAL RESPONSIBILITY FOR THE SELECTION OF MATERIALS THAT FIT THE REQUIREMENTS OF YOUR SPECIFICATIONS AND PERFORMANCE OF THE 3D MODEL.

    YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT (INCLUDING WITHOUT LIMITATION 3D MODELS) CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT (INCLUDING WITHOUT LIMITATION 3D MODELS) CONTAINED IN OR ACCESSED THROUGH THE SERVICES.

  9. Use of 3DSculpLab Website
  10. The Services offered by 3DSculpLab are available only to individuals who are 18 years or older, who can form legally binding contracts under applicable law and who have registered as the User on the Site by creating the Account. If you are under 18, you may use www.3dsculplab.xyz 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.

    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 3DSculpLab 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 3DSculpLab 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 3DSculpLab. 3DSculpLab shall not be responsible in any way for the content of such other websites. 3DSculpLab provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by 3DSculpLab of the content of such websites.

    Since the 3DSculpLab 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.

  11. User generated content
  12. The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Site by you, including but not limited to all specifications, schedules, uploaded 3D designs, 3D Models, CAD files, pictures of any objects, pictures of any model, comments and reviews on the Site. 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 mean copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right. 3DSculpLab reserves the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate these Terms and Conditions, or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.

    3DSculpLab 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 3DSculpLab.

    All User Generated Content including specifications, schedules, 3D Models, which are referenced below, by submitting User Generated Content through the Services or Site, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Sites and feeds).

    You also hereby do and shall grant each user of the Site, the Applications, or the Services a non-exclusive license to access your User-Generated Content through the Site, the Applications or the Services, and share your User Generated Content on blogs and social media.

    3DSculpLab 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.

    You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content:

    • That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, design rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
    • That is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, 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;
    • That is harmful to minors in any way;
    • That is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

    Automatically Generated Content. 3DSculpLab reserves the right to collect data about Site Users in order to improve User experience. In particular, this includes (i) model images rendered in different colors and from different angles, (ii) the calculation of model weight and sizes for different manufacturing machinery and equipment.

  13. Intellectual Property
  14. 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, 3DSculpLab shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D 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 3DSculpLab against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by 3DSculpLab with respect to such claims.

    By uploading your 3D design to the Website, you grant 3DSculpLab a non-exclusive, royalty free worldwide transferable license on your design (i) to use it for the manufacturing of your model in order to fulfil your order; and if you so indicate during the upload process:(ii) to display it on the 3DSculpLab Website;(iii) to use and modify it for the manufacturing of your model in order to fulfil the order of any other Website user.

    You can change the rights (ii) and (iii) via the model 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 who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.

    By removing your 3D design from the Website you terminate all licenses granted to 3DSculpLab to such 3D design under these Terms and Conditions. 3DSculpLab is however entitled to use your 3D design to fulfil orders of your 3D design that were placed before the removal; and to use your 3D design for limited promotional purposes.

  15. Use of Personal Data
  16. By using our Services you agree that 3DSculpLab may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the 3DSculpLab Privacy Statement. For more information please read the 3DSculpLab Privacy Policy.

  17. Third Party Services
  18. 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.

  19. Indemnification
  20. You hereby agree to indemnify and undertake to keep 3DSculpLab and its affiliates, distributors, suppliers, contractors, and their employees unharmed from and against any liabilities, losses, costs, damages, and expenses (including without limitation legal expenses) arising from or relating to, any claims that you have breached in the provisions of these Terms and Conditions.

  21. Limitation of Liability
  22. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 3DSCULPLAB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME, PROFITS, CONTRACTS, DATA, OR OTHER INTANGIBLE LOSSES OF ANY KIND WHATSOEVER RESULTING FROM THE USE OF, OR INABILITY TO USE THE SERVICES.

    IN NO EVENT SHALL 3DSCULPLAB OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

    FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH OUR SITE INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

  23. Applicable Law
  24. These Terms and Conditions shall be governed by the laws of Maharashtra State, India, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Maharashtra State, India. Any and all disputes arising from these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the 3DSculpLab Services or Site, or relating to the products ordered and delivered, shall be brought in the jurisdictional courts located in the city of Pune, Maharashtra State, India. The United Nations Convention on the International Sale of Goods shall not apply to the 3DSculpLab Services or Site, or relating to the products ordered and delivered.

  25. Contact Information
  26. If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to create@3dsculplab.xyz