PRIVACY POLICY

DIGITAL FORMING SOLUTIONS LIMITED ("WE") IS COMMITTED TO PROTECTING AND RESPECTING YOUR PRIVACY.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

For the purpose of the Data Protection Act 1998 (the Act), the data controller is DIGITAL FORMING SOLUTIONS LIMITED of 5A Bear Lane Southwark London SE1 0UH.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:
Information that you provide by filling in forms on our site www.digitalforming.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.

 

If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through our site and of the fulfillment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service.

 

They enable us:

To estimate our audience size and usage pattern.

To store information about your preferences, and so allow us to customise our site according to your individual interests.

To speed up your searches.

To recognise you when you return to our site.

 

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Please note that our advertisers may also use cookies, over which we have no control.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information

 

We use information held about you in the following ways:

To ensure that content from our site is presented in the most effective manner for you and for your computer.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service

For research and development purposes.

 

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us through our site or by emailing info@digitalforming.com.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in London SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If DIGITAL FORMING SOLUTIONS LIMITED or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of DIGITAL FORMING SOLUTIONS LIMITED, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@digitalforming.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@digitalforming.com

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”).
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INFORMATION ABOUT US

The Site is operated by DIGITAL FORMING SOLUTIONS LIMITED (“we“, “us”, “our”).  We are registered in England and Wales under company number 08017516 and have our registered office at 5A Bear Lane, Southwark, London, SE1 0UH.

SERVICE AVAILABILITY

The Site is only intended for use by people resident in the United Kingdom, France, Spain, Italy, Germany, and the United States of America (“Serviced Countries”).  We do not accept orders from individuals outside those countries.  Some restrictions are placed on the extent to which we accept orders from specific countries.

YOUR STATUS

By placing an order 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.

PRODUCTS

The Site allows you to customise and co-create virtual Products and order them to be manufactured on-demand at the click of a button through 3D Printing technologies (also known as “Additive Manufacturing”).

 

In order to customise a Product, you may be offered a range of modification tools which may include colour change, addition of text and parts, and the modification of form. When you are happy with a design, you can choose to save the design in your personal library or manufacture the design at the price specified. If you have not created a use profile by this point, the Site will prompt you to do so.

 

The price of a Product is calculated by the Site before the Product is added to your shopping cart. You can order one or many Products for production. Once you are ready to check out, the Site will show you a breakdown of charges. These charges may include the cost of postage, packaging, and VAT or other appropriate sales tax as required by law.

 

We accept payment by a variety of credit and debit cards through PayPal, which will be processed over secure payment gateways. For your security, UCODO does not retain any information on its servers relating to credit or debit card transaction.

 

Please note that as we work with a number of manufacturers and designers, orders for two or more Products may be fragmented for manufacturing and hence may not be dispatched together.

CONTENT

Copyright and all other proprietary rights in the content of the Site (including but not limited to software, audio, video, text and photographs) rest with UCODO or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on the Site may not be reproduced or distributed. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of UCODO 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 Site. Our rights include rights to (i) the service developed and provided by us; and (ii) all software associated with the Site. All copyright and other proprietary notices shall be retained on all reproductions.

 

When you give us content through the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

The Products on UCODO.com may be offered for sale either by us or from a third party company or designer (either of which would be the “Seller”). When purchasing Products offered for sale by UCODO, these terms and conditions shall apply (including those documents detailed in clause 21).  When purchasing Products from a Seller via the Site the resulting Contract (comprising of the Terms of Use, these Customer Terms, and any other customer terms of the relevant Seller provided to you at the time of placing an order (“Seller Terms”)) is created between you and the relevant Seller, and you agree to be bound by all such provisions. You should carefully review the terms of the Contract applying to the transaction.

 

After placing an order, you will receive an e-mail from the relevant Seller acknowledging that the Seller has received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to the Seller to buy a Product.  All orders are subject to acceptance by the Seller, and the Seller will confirm such acceptance to you by sending you a further e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”).  The contract between you and the relevant Seller (“Contract”) will only be formed when the Sellers ends you the Dispatch Confirmation in respect of your contract withthe relevant Seller.

 

The Contract will relate only to those Products whose dispatch has been confirmed in the Dispatch Confirmation.  The Seller will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

When purchasing Products from a Seller via the Site the resulting Contract shall comprise of the Terms of Use, these Customer Terms, and any other customer terms of the relevant Seller provided to you at the time of placing an order (“Seller Terms”)).  The Contract is created between you and the relevant Seller, and you agree to be bound by all such provisions. You should carefully review the terms of the Contract applying to the transaction.

LINKS

We may also provide links on the Site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that Products you purchase from Sellers other than us through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law.  This disclaimer does not affect your statutory rights against the Seller.  Where you order Products via our website we may disclose your customer information related to that transaction to the relevant Seller and the manufacturer of the Product.

 

We do not review or control Product listings and/or descriptions provided by Sellers other than us and we: (i) are not responsible in any way for such listings and/or descriptions, and (ii) do not possess or otherwise hold any Products offered via the Site.

CONSUMER RIGHTS

Due to the Product customization services which you will use on placing an order for a Product on our Site (i.e. the Product is supplied by the relevant Seller based on your bespoke specifications), after payment you cannot cancel your order. However, we may consider accepting your cancellation if your order has not been put into production. This does not affect your statutory rights with regard to faulty Products.

AVAILABILITY AND DELIVERY

If a Product design is available through the Site, the basic assumption is that it can be manufactured. There are, however technical or other reasons why we may not accept or cancel your order during the entire ordering process. In case we cancel your order we will contact you via email and you will receive a full refund of your payment for any monies paid.

 

We will aim to fulfil your order within 21 days, but due to the nature of additive manufacturing, this fulfillment may take longer depending on material and manufacturer lead times.

RISK AND TITLE

The Products will be at your risk from the time of delivery to your requested delivery address.

 

Ownership of the Product(s) will only pass to you when we and/or the other relevant Seller receive full payment of all sums due in respect of such Product(s) and the items have been dispatched to you.

PRICE AND PAYMENT

The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.

 

These prices may include VAT but exclude delivery costs, which will be added to the total amount due as set out in the delivery terms herein. It may also include delivery costs.

 

Prices are liable to change at any time, but once an order has been made, the price should not generally change.

 

The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced.  We may verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on the Site, we may, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

 

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

 

Payment for all Products must be by credit or debit card through PayPal.

 

Where a product is bought from a Seller other than us, if we collect the monies then we will be doing so as an agent for the Seller.

OUR REFUNDS POLICY

We will accept returns in the event that a Product is faulty. In the event that you are not satisfied with your Product, please email us images of the Product tosupport@digitalforming.com highlighting in your email the reason for you dissatisfaction. We will aim to respond to you within 5 working days notifying you how we will proceed.

 

If we accept that the Product sold to you was faulty, we will refund any money received from you in respect of such Product via the same payment method originally used by you to pay for such Product (unless we notify you otherwise). Alternatively, at our discretion, we may offer to have the item re-manufactured if this is possible.

OUR LIABILITY

Subject to clause 13.2, our total liability in contract, tort (including negligence), breach of statutory duty, or otherwise arising out of or in connection with these Customer Terms shall be limited in aggregate to the purchase price of the relevant Product.

 

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 clause 13.2, we shall not be liable to you for any: (i) indirect or consequential losses arising out of or in connection with these Customer Terms and/or your use of the Site, and/or (ii) the following heads of loss (in each case whether direct or indirect):

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data; or

(g) waste of management or office time however arising13.4 You agree that you will only use the Sites and services in accordance with this Agreement.

You shall indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) in full against any losses or costs (including reasonable legal fees) incurred as a result of, or in connection with: (i) any breach by you of this Agreement, and/or (ii) your violation of any law or the rights of a third party.

IMPORT DUTY

If you order Products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

 

Neither we nor any Sellers make any representation that any Products sold via the Site are appropriate or available for use in any territory. You must comply at all times with all applicable laws and regulations of the country for which the Products are destined. Please note that Products may not be deliverable outside the UK due to local law, and it shall be your responsibility for any failure to deliver the Products outside the UK where this is the case.  We will not be liable for any breach by you of any such laws.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to UCODO Limited 146 Bridge House, St George Wharf, London SW8 2LQ.

 

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above.

 

Notice will be deemed received and properly served: (i) immediately, when posted on our website, (ii) 24 hours after an e-mail is sent, or (iii) three days after the date of posting of any letter.

 

In proving the service of any notice, it will be sufficient to prove: (a) in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and (b) in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

RANSFER OF RIGHTS AND OBLIGATIONS

The agreement between you and us is binding on you and us and on our respective successors and assigns.  The Contract between you and the Seller is binding on you and the Seller and any respective successors and assigns.

 

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent and that of the Seller.

 

We may transfer, assign, charge, sub-contract or otherwise dispose any of our rights or obligations arising under these Terms of Use or any Contract, at any time during the term of either as applicable.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

 

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action.

(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) impossibility of the use of public or private telecommunications networks.

(f) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under these Terms of Use is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure Event.

WAIVER

If we fail, at any time during the term of these Terms of Use, to insist upon strict performance of any of your obligations under these Terms of Use or any of these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

SEVERABILITY

If any of these Customer Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Customer Terms, the Terms of Use, any relevant Seller Terms, and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

 

We each acknowledge that, in entering into our agreement, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to agreement except as expressly stated in these Customer Terms.

 

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of our agreement or any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Customer Terms.

 

A person who is not a party to this agreement shall not have any rights under or in connection with it.

 

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

 

Except as provided for in clauses 11 and 16, time shall not be of the essence in respect of any obligation under this agreement.

OUR RIGHT TO VARY THESE CUSTOMER TERMS

We have the right to revise and amend these Customer Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

 

You will be subject to the policies and Customer Terms in force at the time that you order Products from us, unless any change to those policies or these Customer Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Customer Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Customer Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products through the Site 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) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.

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”).
Read more

INFORMATION ABOUT US

The Site is operated by DIGITAL FORMING SOLUTIONS LIMITED (“we“, “us”, “our”).  We are registered in England and Wales under company number 08017516 and 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 SOLUTIONS LIMITED and our subsidiary 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;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

(g) wasted management or office time; and

(h) 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 info@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;

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.