Terms of Use

 

These Terms of Use (the “Terms”) governs your relationship with ShapeDo Ltd. (“ShapeDo” or “we”), and set forth the terms and conditions under which ShapeDo makes available its internet website http://shapedo.com (the “Site”) and the services available through the Site or otherwise provided by ShapeDo (the “Services”). ShapeDo reserves the right to update and change these Terms from time to time, without notice or acceptance by you, so please check this page frequently for updates and changes.

By using the Site and/or Services in any manner, you (the “User” or “you”) agree to be bound by these Terms, and any and all other terms, policies or procedures, each as amended and published on the Site from time to time. If you do not agree with any of the terms of contained herein, do not access or use this Site or the Services. As long as you do not cease using this Site and the Services, you will be conclusively deemed to have accepted these Terms.

 

PLEASE READ THESE TERMS OF USE CAREFULLY

Synopsis

ShapeDo is first and foremost an online community created for the sharing and improving of “open-source” 3D designs. ShapeDo is built so you may collaborate with others in creating designs and so that others may use them. We believe in sharing designs, but we respect Intellectual Property and the Law.

You may only upload Designs that are yours and you should not upload Designs or content that is hurtful or illegal.

Unless otherwise stated, any Design you upload will be available to anyone with access to the internet, and will be licensed under the Creative Commons Attribution 4.0 International Public License (hereinafter: the "CC License").

In essence, this means that anyone can use your Design pretty much in any way they choose, including printing it, modifying it and even selling your Design, so long as they name you as the original creator.

However, before you make use of others' Designs please make sure that you are complying with all the terms of the license under which the specific Design was published (such information will appear next to every Design). ShapeDo users may choose to license their work under alternative open-source licenses such as GPL, or MIT licenses. We also enable paying users to keep their Designs “private” under a propriety license. Just because a Design was published on ShapeDo does not mean it is necessarily free for you to use as you like. 

When you contribute to another User's Design, your contribution will be automatically licensed under the terms of the same license as the original Design was licensed under. Attribution becomes complicated when there is more than one creator; if attribution is important to you please read Sections 4 and 5 below in detail. 

1.    The ShapeDo Community

1.1.    ShapeDo acts as an online platform and community to allow Users, who comply with ShapeDo policies, to share online user-created digital designs which may be 3D printed to create physical objects (“Designs”), as well as modifications, additions, versions and derivative thereof ("Modifications").

1.2.     The Site is intended for anyone who wish to create, share and publish his/her Design, allow others to contribute to such Design, offer and receive suggestions for Modifications, and use any Design freely for the purpose of printing them into 3D objects.

ShapeDo is an open platform. Please note that any Design and/or Modification published by you under a Public Account (as defined below) will automatically be subject to the terms of a Creative Commons license, and will be free to use or altered be anyone.

2.    Registration

2.1.    In order to access certain features of the Site, such as to upload, fork or  edit a Design,  you must first register to create an account. Upon registering for an account, you will receive an account designation and will be asked to choose a password.

2.2.    You agree not to use the account of another User at any time, and notify us immediately if you suspect any unauthorized use of, or access to, your account. You are solely responsible for any and all use of your account.

2.3.    Public and Private Accounts. The use of the Site may be made available in free or paid versions and/or in different service levels. By setting up an account without charge, such account will be considered a Public Account, which means any Design you upload, as well as any Modification, will appear in ShapeDo searchable database and be available to anyone who has access to the internet, to be viewed and downloaded by the public.

By setting up a paid Private Account, you can choose to make your Designs private, available only to you and to those with whom you have chosen to share your Designs. You may invite others to view your Designs or any specific Design by sending a “share” link. Any person who then clicks on such a link will become an invited viewer, and upon registration to the Site, an invited contributor to such Designs.

3.    Billing and Payment

3.1.    When you subscribe to a Private Account you will be required to provide us with a payment method (either a valid credit card or PayPal account), proper billing information, and authorization to charge your payment method.

3.2.    Monthly or other subscription fees will be billed in full in advance. Payment for subscriptions is non-refundable. If you cancel your reoccurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

3.3.    You agree to advise and notify us of any changes to your payment method. If your billing information and payment source is invalid, if charges billed to you are declined or not paid or if you fail to pay charges for a paid version of the Services when due, your account may be downgraded, suspended or cancelled, at our discretion. We further reserve the right to continue to attempt charging your billing method for any outstanding charges and pursue any other legal remedies available.

3.4.    If a User account is suspended, we may, but is not obligated to, maintain your account and/or related information, in order to allow the User to pay the past-due charges and restore its account. Please note that until paid in full, all past due amounts will bear an additional charge of the lesser of 1.5% per month or the maximum amount permitted under applicable law.

3.5.    Change of Prices. Prices of all Services are subject to change upon a thirty-day prior notice from ShapeDo. Such notice may be provided at any time by posting the changes on the Site. ShareDo may not be liable to you or to any third party for any price change.

4.    Sharing Your Designs with Others

4.1.  Unless otherwise stated, once you upload any Design or content  using a Public Account, you hereby agree to license it to others under the terms of Creative Commons Attribution 4.0 International Public License.

In a nut shell, this license permit others to copy and redistribute the Design and/or Modification in any medium or format, and remix, transform, and build upon such Design and/or Modification, for any purpose, even commercially, provided however, you will be given an appropriate credit as the creator of the original design. You can find more information regarding the terms of this CC License here: http://creativecommons.org/licenses/by/4.0/legalcode.

Note that your user name as appear on the Site, and not necessarily your full name, may be referenced for the purpose of providing attribution and credit.

4.2.    If you do not wish your Design to be released under the CC License, you may choose to use another license from a number of options ShapeDo makes available during your upload process, and you hereby agree and consent to be bound by such license terms.

4.3.    If you uploaded your Design using a Private Account, it will be posted under a default option of "all rights reserved", unless you choose otherwise.

4.4.    Copyrights Compliance. It is the policy of ShapeDo to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws.

If you see on the Site or Services content you believe is infringing of copyrights in any way, please report such content to us, by sending a link to the relevant content to the following email address: [Contact@shapedo.com].

 

5.    Contributing to or Approving Modifications

5.1.    After your Design was uploaded to our Site, other Users are welcome to fork your design to their account, offer different Modifications, suggestions, post comments, share images of similar designs, etc. You can choose to accept a suggested Modification, by way of approving a merge request sent by another User or “pulling” updates made by other Users. 

5.2.    You agree and acknowledge that upon approving a merge request or “pulling” an update, the creator of the approved Modification shall appear on the Site as a co-creator of your Design.  

5.3.    When you fork and modify a design you hereby agree to license your Modification to others under the terms of the license governing the original Design, and even when you believe your contribution is more significant than the original Design. That is, if the Design you fork and edit is licensed under the CC License - so will your Modification.

5.4.    Once you edit a Design, it will be attributed to you and its original creator, as well as any additional contributors. You will also become a co-creator of any branch of a Design that accepts your merge request or “pulls” changes by you. However, “co-creator” does not mean you have equal credit rights as the original creator. You may be mentioned as a co-creator in a different manner and a different place than the original creator.

In addition, creators of Designs you contributed to can accept additional contributions and therefore add to the Design more co-creators without requiring your permission.

5.5.    If the license under which the original design was released is not the CC License, you agree to license any Modification you contributed under the terms of the same license.  

5.6.    Unless otherwise stated or explicitly agreed between you and the original creator - you may NOT edit a private Design licensed as “all rights reserved”. You should come to an agreement with the original creator before you contribute to a private Design.  

5.7. Please note that in accordance with copyrights law and policy, if you contribute to a Design which is later removed due to copyrights infringement issues or any other breach of terms, your contribution and Modification may be deleted as well, EVEN IF you did not breach these Terms in any way.

6.    Designs and other User Generated Content

All designs, graphics, photographs, drawings, images, text, data, information, messages, video or audio, or other materials communicated, submitted or transmitted by you through the Site or the Services (collectively, including any Design and Modification "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated.

6.1.    By uploading any User Content to the Site or the Services, you hereby represent and warrant as follows:

6.1.1.                You confirm that your contribution of any User Content is your own original work and does not infringe any third party's rights, including without limitation copyrights, trademark, or other intellectual property right, and that it complies with these Terms.

6.1.2.                You confirm that your contribution of any User Content is not defamatory, infringing on another's privacy, unlawful, pornographic, offensive or otherwise objectionable.

6.1.3.                The User, and not ShapeDo, is responsible for all User Content that User upload, post, email, distribute, communicate, transmit, or otherwise make available using the Services or that is otherwise made available through the use of User's account, whether or not authorized by User.

6.1.4.                You acknowledge and understand that by uploading a Design or any Modification to the Site, it may undergo some required changes and adaptations in order to be compatible with the Site's storage format (STL/SCAD) and other technical requirements. Your Design will look and feel the same, although some data may be lost or added.

6.1.5.                User further acknowledges and agrees that ShapeDo will not and cannot review every User Content and is not responsible, does not control any User Content originating from User, and does not guarantee the quality, accuracy or integrity of such User Content. Notwithstanding the foregoing, ShapeDo may, but is not obligated to, review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that ShapeDo, in its sole discretion, considers being non-compliant with any of the requirements of these Terms.

6.1.6.                ShapeDo reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Site or received from another User through your use of the Services. ShapeDo shall not be liable for any purging, deletion or failure to retain any such User Content.

6.2.    ShapeDo does not claim ownership rights to any User Content and you retain all of your ownership rights in your User Content. However, by uploading or creating any Users’ Content using the Site or the Services, you hereby grant ShapeDo an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to use such User Content and any 3D object that may be created as a result of such User Content, in any way we may reasonably choose, including without limitation, copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, store, index, cache, tag and modify, in any form or media now known or hereinafter developed, and including and you warrant to us that you have the right to grant such license for such purposes.

 

 

7.    Community Conduct Guidelines

7.1.    You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services.

7.2.    ShapeDo may, but is not obligated to, monitor interactions between you and other users of our Services and take any action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, offensive, violent, harassing or otherwise objectionable.

7.3.    In connection with your use of any of ShapeDo Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows:

7.3.1.                Not to upload, post, distribute, communicate, transmit or otherwise make available any User Content that comprises or includes any disrupt discussions with repetitive messages or any other forms of commercial or harassing communications, or  that comprises or includes any worms or viruses or any code of a destructive nature.

7.3.2.                Not create or submit unwanted comments, likes or use the comments to mislead, harass, threaten, impersonate, or intimidate any ShapeDo Users.

7.3.3.                Not to interfere with or disrupt the ShapeDo Services or servers or networks connected to the Site or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services.

7.3.4.                Not to engage in excessive usage of the Site or the Services, as determined by ShapeDo in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users.

7.3.5.                Not use the Services, or any User Content produced on or using the Services, to falsely suggest an affiliation, sponsorship, or endorsement on the part of ShapeDo.

7.4.    ShapeDo Intellectual Property Certain content and information provided on and through this Site and Services, including, without limitation, ShapeDo’s logo, trademark, graphics, design, information, text, images, data and other material displayed, available or present on the Site or Services, that were not originated from Users, as well as the  look and feel of the Site and Services (collectively, the “ShapeDo Content”) are the copyrighted and/or trademarked work of ShapeDo solely, and may not be used without express written permission from us, other than for attribution.

7.5.    As between you and ShapeDo, ShapeDo retains all rights, including any intellectual property rights in the ShapeDo Content. You may not duplicate, copy, or reuse any portion of the ShapeDo Content, backend, algorithms, HTML/CSS, Javascript, or visual design elements or concepts without express written permission from ShapeDo.

7.6.    ShapeDo is very much open-source oriented. Significant parts of ShapeDo Content are therefore licensed under open-source licenses, for the good of our community.

Please note that there are many parts of our Site that we have not tagged as open-source but we would be happy to license those under the GPl or MIT licenses if requested. Feel free to contact us with inquires or requests for ad-hoc permission to use. We encourage you to ask for permission by contacting us at contact@shapedo.com  

8.    Privacy Policy

ShapeDo is concerned about your privacy and has created a comprehensive policy to address privacy concerns. Your use of this Site is governed by the privacy policy, which is available at [link] (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms by reference, and constitutes a part of these Terms.

9.    Warranty Disclaimers

USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SHAPEDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE (AND ITS CONTENT, INFORMATION, SOFTWARE, AND LINKS) AND / OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitations on Liability and Remedies

SHAPEDO’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SHAPEDO (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE SITE. SHAPEDO AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH SHAPEDO’S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SHAPEDO HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SHAPEDO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SHAPEDO WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.

11. Miscellaneous

11.1. Entire Agreement. These Terms comprises the entire agreement between you and ShapeDo relating to the Site and the Services. We may change the terms of these Terms at any time, so please review these pages regularly.

11.2. Provision of Services. ShapeDo reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site or any part thereof.

11.3. No Guarantee. ShapeDo does not guarantee continuous, uninterrupted access to the Site, and operation of the Site and/or Services may be interfered with by numerous factors outside ShapeDo’s control.

11.4. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

11.5. No Agency. You and ShapeDo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

11.6. Assignment. User may not assign this agreement. ShapeDo may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.

11.7. Choice of Law. The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

11.8. Users may give notices to ShapeDo by email to [contact@shapedo.com].