Terms and Conditions
INFORMATION ABOUT US
i3D Printer HK Limited ("i3D Printer HK", "we" or "us") owns and operates: (i) drawsth3d.com, a website (the "Website") (Drawsth3D and the Website and any website linked to the Website ("Linked Website"), together, shall be hereinafter referred to as the "Drawsth3D"). Drawsth3D and the Website offers to its members, among other things, photo shooting, generate 3D format as STereoLithography (STL) file and 3D printable file format as gcode on an integrated platform on the Internet ("Services"). i3D Printer HK is registered in Hong Kong under company number 62055398 and its registered office is at 907, 9/F, Winning Centre 29 Tai Yau Street, San Po Kong, Kowloon, Hong Kong.
SCOPE AND AGREEMENT
- You are responsible for making all arrangements necessary for you to have access to Drawsth3D. You are also responsible for ensuring that all persons who access Drawsth3D through your mobile device and internet connection, respectively, are aware of these Terms and Conditions, and that they comply with them.
- Drawth3D's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. i3D Printer HK may, in its sole discretion, refuse to offer access to or use of Drawth3D to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access Drawsth3D is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Drawth3D's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all activities.
- No individual should have more than one single account at any time. Drawsth3D has the right to limit an individual to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.
- Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. i3D Printer HK prosecutes fraud to the fullest extent of the law. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Drawsth3D's policies as stated in the Agreement and the Drawsth3D policy documents listed below (if applicable to your activities on or use of Drawsth3D) as well as all other operating rules, policies and procedures that may be published from time to time on Drawsth3D by i3D Printer HK, each of which is incorporated herein by reference and each of which may be updated by i3D Printer HK from time to time without notice to you. In addition, some services offered through Drawsth3D may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorised use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than i3D Printer HK without i3D Printer HKs' express written permission. You must keep your account information up-to-date and accurate at all times, including a valid email address. To give and take items on Drawsth3D you must provide and maintain authentic personal information such as valid phone number and email address.
- You may not transfer or sell your Drawsth3D account and User ID to another party.
- While using Drawsth3D and/or the Website, you will not:
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items Policy ;
- distribute through Drawsth3D of any viruses, worms or any other technologies that may harm or cause detriment to our interests, the interests of Drawsth3D, the Website or the interests or property of other Drawsth3D users;
- defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
- copy, modify and/or distribute content from the Website and its sub-domains, including our copyrights and trademarks;
- or harvest or otherwise collect any data or information about users (which may be private or otherwise) without their consent.
- Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off Drawsth3D if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
- We have no obligation to monitor any services provide on Drawsth3D. However, we reserve the right to review any posted materials and to remove any materials in our sole discretion. We reserve the right to terminate your access to Drawsth3D at any time without notice if we reasonably believe that you have breached these terms.
FEES AND RENEWALS
- From time to time, we may offer different subscription terms, and the membership fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below.
- Your subscription will automatically renew and you authorize us (without notice to you) to collect the then applicable membership fees, using any valid payment source we have on record for you.
- Free Trials: Free trials of Drawsth3D services and/or products may be offered by us from time to time. The Terms and Conditions of such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances: (i) the accurate conversion of a free trial to a paid service; (ii) the accurate collection of any fee for any active membership or other subscription service; or (iii) the accurate collection of fees or other payment for any other product or service.
- Termination/Cancellation Policy: You may cancel your Account at anytime by email firstname.lastname@example.org for instructions
- Upon termination of the Services by either party for any reason:
- Drawsth3D will cease providing you with the Services and you will no longer be able to access your Account;
- You will not be entitled to any refunds of any fees, pro rata or otherwise; any outstanding balance owed to Drawsth3D for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your storage webpage will be taken offline.
- We reserve the right to modify or terminate the Drawsth3D Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Drawsth3D may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with your Site.
- If you violate any of these Terms and Conditions, i3D Printer HK reserves the right to terminate your Drawsth3D membership immediately. For termination for violation of the Terms and Conditions, there will not be a 90-day notice period and you will not continue to have access to the Website and services.
Drawsth3D IS ONLINE WEB APPLICATION
- You acknowledge that Drawsth3D is a web application for users to transform their design from 2D drawing or picture to 3D model format file and/or 3D printable format file. i3D Printer HK and Drawsth3D have no control over and do not guarantee the quality, safety or legality of items advertised from users
- You will not hold i3D Printer HK nor Drawsth3D responsible for other loss, injury, claim, liability, or damage ("Loss") related to your use of any Linked Website ("Linked Website"), including, without limitation.
- We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe exchange when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and i3D Printer HK and Drawsth3D is not responsible for the acts or omissions of users on Drawsth3D.
- We aim to update the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- The Website and some of the articles on the Website contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that we sponsor, are affiliated to or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links. Our liability for your use of the Website is set out in the Liability Disclaimer section below.
- Certain services made available via Drawsth3D may be delivered by third parties. By using any product, service or functionality originating from the Website domain or Drawsth3D, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.
- We will not own the materials you provide to us or upload, input or submit to any i3D Printer HK through the Drawsth3D Platfform or its associated services (collectively "Submissions"). However, by uploading, inputting, providing or submitting your Submission, you are granting i3D Printer HK, its affiliated companies and necessary sub-licensees a license solely to enable i3D Printer HK and Drawsth3D to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You grant i3D Printer HK a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in any Submission you provide to i3D Printer HK through Drawsth3D.
- Always use caution when giving out any personally identifying information about yourself or your children when using any communication services featured on Drawsth3D, including without limitation, bulletin board services, chat areas, communities, and/or other communication facilities designed to enable you to communicate with other users or the public at large ("Communication Services"). We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorised spokespersons and their views do not necessarily reflect our views.
- We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.
NO UNLAWFUL OR PROHIBITED USE
- As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions and notices. You must not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
- i3D Printer HK, Drawsth3D, and other i3D Printer HK and Drawsth3D graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual properties of i3D Printer HK and may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- The names of actual companies and products mentioned on Drawsth3D may be the trademarks of their respective owners.
CHANGING THESE TERMS AND CONDITIONS
- We reserve the right to change the Terms and Conditions under which the Website is offered. We will give three months' notice of these changes to all fee paying members where such changes will result in a material reduction in the availability, benefits and features of the Website. In all other circumstances, we will give notice (which may be immediate notice) before the changes take effect.
- You understand and agree that your use of the Website after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website. Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
- If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
- Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
- You must not assign or otherwise transfer the Terms and Conditions, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms and Conditions.
- Any failure by us to enforce or exercise any provision of the Terms and Conditions, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. We may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
- A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
- If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
GOVERNING LAW AND DISPUTE RESOLUTION
- You agree that these Terms and Conditions 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 interpreted in accordance with the law of Hong Kong.
- Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, including any claim that this Agreement or any part of this Agreement is invalid, illegal, or otherwise voidable or void, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The appointing authority and the place of arbitration shall be the Hong Kong International Arbitration Centre. There shall be only one arbitrator. The language of the arbitration shall be English. Any award of the arbitrator shall be enforceable by any court having jurisdiction over the party against which the award has been rendered.
ALTHOUGH I3D PRINTER HK WILL USE ITS REASONABLE EFFORTS TO KEEP THE WEBSITE AVAILABLE AND THE INFORMATION ON THE WEBSITE REASONABLY ACCURATE, I3D PRINTER HK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. I3D PRINTER HK AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GUEST USERS – YOU USE THE WEBSITE AT YOUR OWN RISK. NEITHER I3D PRINTER HK NOR ANY COMPANY WITHIN OUR GROUP, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND SUB-CONTRACTORS, SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER OR HOWSOEVER ARISING IN CONNECTION WITH THE WEBSITE ( WHETHER UNDER THESE TERMS AND CONDITIONS OR OTHER CONTRACT OR AS A RESULT OF ANY MISREPRESENTATION, MISSTATEMENT OR TORTIOUS ACT OR OMISSION, INCLUDING NEGLIGENCE).
FEE PAYING MEMBERS –I3D PRINTER HK'S LIABILITY TO YOU FOR ANY LOSS OR DAMAGE IS LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE SUBSCRIPTION FEE RECEIVED BY I3D PRINTER HK FOR THE SUBSCRIPTION PERIOD IN WHICH THE LIABILITY AROSE.
- "i3D Printer HKs' liability" includes that of any company in our group and our and their respective agents employees, subcontractors; "you" includes any other party claiming through you; "Loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with use of the website, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence. This section of the terms & conditions does not affect claims relating to death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.
- Feb 2021