YouMagine ToS for discussion and review.
This is a concept draft of the YouMagine Terms of Service. Please give your feedback and ideas in this Medium post. We will share this ToS with the 3D printing community so they can also use this ToS for their platforms or services. We hope to accelerate their development and the broader development of 3D printing with this.
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Terms of Service
Last updated: 10 September 2014.
SUMMARY OF OUR TERMS OF SERVICE:
- The YouMagine platform is offered to you by YouMagine 3D B.V.
- You should keep your username and password to access the platform confidential to avoid unauthorised access
- We do not expect you to transfer your rights in your contribution to us
- Please respect that the platform itself remains our property
- We reserve the right to remove your contribution, if we believe that is necessary
- We only collect and share your personal data where necessary and will not sell, rent or share it with third parties for commercial reasons
- Our control over contributions is very limited so we cannot accept any liability for the uploading, sharing, adapting, validity, legitimacy, printing etc. of these contributions
- Please use our notice-and-takedown procedure if you believe a user of our platform infringes your rights
- In case of any questions you can always contact us by e-mail at info@youmagine.com
DISCLAIMER: THIS SUMMARY IS NOT A PART OF THE TERMS OF SERVICES. WE
ENCOURAGE YOU TO READ THE ENTIRE TERMS OF SERVICES CAREFULLY BEFORE USING
THIS PLATFORM AND OUR SERVICES.
Applicability
These terms of service (together with the documents referred to in it) tell you the terms of service on which you may make use of our sharing platform accessible through www.youmagine.com, services and applications (“Services”), whether as a guest or a registered user. Use of our Services includes, but is not limited to, accessing, browsing, or registering to use our Services.
Please read these terms of service carefully before you start to use our Services as these will apply to your use of our Services. We recommend that you save or print a copy of this for future reference.
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By using our Services, you confirm that you accept these terms of service and that you agree to comply with them. If you do not agree to these terms of service, you must not use our
Services.
Information about us
YouMagine is a platform operated by YouMagine 3D B.V. (“We”). We are a private company with limited liability registered in The Netherlands under company number 60731583 and have our registered office in Geldermalsen, The Netherlands. Our principal place of business is in Geldermalsen (4191PL) at Burgemeester Roozeveld van der Venlaan 11, The Netherlands. Our VAT number is <to be inserted>.
Accessing our Services
Access to our Services is free of charge and will end if you or we (i) terminate for convenience upon one month prior notice or (ii) you or we are in material breach of any of its terms and if the breach is not remedied within a reasonable period after written notice of it has been given to the party in breach.
We do not guarantee that our Services will always be available or uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms of service and other applicable terms and conditions, and that they comply with them.
Your account and password
If you choose a username and password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
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We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at security@youmagine.com.
YouMagine intellectual property rights
We are the owner or the licensee of all intellectual property rights relating to our Services – which for the avoidance of doubt – does not include your Contribution.
Our Services are protected by copyright, trademark and other intellectual property laws and treaties around the world, whether registered or unregistered, and including all applications for and renewals or extensions of such rights. All such rights are reserved.
Any commercial use of the Services is prohibited without entering into a separate written agreement with us.
If you use our Services in breach of these terms of service, our permission to use our Services will cease immediately.
User contributions
Whenever you make use of a feature that allows you to save, add, post, submit, link or upload content to our Services or to make contact with other users of our Services (“Contribution”), you warrant that you are legally entitled to make such use of the content in your Contribution and that your Contribution does not violate any third party rights, in particular intellectual property and privacy rights.
You remain the owner or the licensee of all intellectual property rights relating to your Contribution. By making a Contribution to our platform you grant us a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to use, copy, distribute and disclose to third parties any such Contribution for the provision of our Services.
We also have the right to disclose your identity to any third party when we receive a formal written complaint stating that any Contribution by you to our platform constitutes a violation of its rights, in particular intellectual property or privacy rights, or if otherwise legally
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We have the right to remove any Contribution to our Services if that Contribution is a violation of third party rights, in particular intellectual property or privacy rights, or does otherwise not comply with applicable laws or regulations. We reserve the right to remove or disable access to any Contribution at any time without giving you (prior) notice. You shall all times maintain your own copy of Contributions uploaded through our Services.
The views expressed by other users on our platform do not represent our views or values.
No reliance on information
We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution made by you or any other user of our platform.
The content accessible via our Services is provided for general information only. For various reasons we cannot guarantee that Contributions will be 3D printed or function as intended, since e.g. several persons may contribute to a Contribution, Contributions may not be tested properly, 3D printers and their settings may vary, etc.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content related to our platform is accurate, complete or up-to-date. Please note that the Contributions are suitable only for decorative purposes and not for any other purpose.
Information we may collect from you
We may collect and process the following data about you:
• Information you give us. You may give us information about you by filling in forms on our platform or by corresponding with us by e-mail or otherwise. This includes information you provide when you register to use our platform, subscribe to our services, participate in discussion boards or other social media functions on our platform, enter a competition, promotion or survey and when you report a problem with our platform. The information you give us may include your name, e-mail address, personal description and photograph and password.
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• Information we collect about you. With regard to each of your visits to our platform we may automatically collect the following information:
o technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
o information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our platform (including date and time); knowledge you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
• Information we receive from other sources. We may receive information about you if you use Twitter, Facebook or GitHub to join our platform. In this case you will be asked to approve that we collect certain information from these third parties and may combine this information with data we collected on this platform. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our platform.
Uses made of the information
We use information held about you in the following ways:
• Information you give to us. We will use this information:
o to provide you with the services that you request from us and to carry out our
obligations arising from any contracts entered into between you and us;
o to notify you about changes to our services;
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o to ensure that content from our platform is presented in the most effective manner for you and for your computer.
• Information we collect about you. We will use this information:
o to make suggestions and recommendations to you and other users of our platform about knowledge that may interest you or them;
o to administer our platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
o to improve our platform to ensure that content is presented in the most effective manner for you and for your computer;
o to allow you to participate in interactive features of our services, when you choose to do so;
o as part of our efforts to keep our platform safe and secure;
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We will never sell, rent or license your personal information to third parties, but we may share your information with selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
We may disclose your personal information to third parties:
• 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 service and other agreements; or
• to protect the rights, property, or safety of YouMagine 3D B.V., our customers, or others.
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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 processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
YouMagine 3D B.V. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these terms of service.
All information you provide to us is stored on secure servers. Where you have chosen a password which enables you to access certain parts of our platform, 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 platform; 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.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right at any time by contacting us at privacy@youmagine.com.
Our platform 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
You have the right to access information held about you. Your right of access can be exercised at any time by contacting us at privacy@youmagine.com.
Limitation of our liability
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Nothing in these terms of service excludes or limits our liability arising from our gross negligence or wilful intent or any other liability that cannot be excluded or limited by Dutch law.
To the extent permitted by law, we exclude all warranties or other terms which may apply to our platform, services or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Services; or
• use of or reliance on any content displayed on our platform or in connection with our
Services.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our platform or to your downloading of any content on it, or on any website linked to it.
Our Services contain Contributions, links to other websites and other resources provided by third parties. These Contributions are provided as-is and these links are provided for your information only. We have no control over the contents of those Contributions, websites or resources. We assume no responsibility for the Contributions made by users or content of websites linked on our platform. Such Contributions or links should not be interpreted as endorsement by us of those Contributions or linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Indemnification
You agree to indemnify and hold YouMagine 3D B.V. and its affiliates and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these terms of service.
Infringement
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If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through our Services in a way that constitutes an infringement of your rights, in particular copyright, trademark or other intellectual property rights or privacy rights, please provide us with an infringement notice by post engraved on a block of marble measuring no less than 1 meter by 1 meter by 1 meter(“Notice”) which should include the following written information:
a. a statement that you have identified a Contribution or other material in the Services which infringes your copyright or other intellectual property rights;
b. identification of the Contribution or other material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
c. your full name, email address, postal address and telephone number on which you can be contacted;
d. a statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
e. a statement by you that you have a good-faith belief that use of the Contributions or other material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;
f. physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed
For notice of claims of infringement on or regarding the Services YouMagine can be reached
at: legal@youmagine.com.
Viruses
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software.
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You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
Changes to our platform
We may update our Services from time to time, and may change the content at any time.
However, please note that any of the content related to our Services may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Services will be free from errors or omissions.
Changes to these terms
We may revise these terms of service at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Applicable law
These terms of service, its subject matter and its formation (and any non-contractual disputes or claims) are exclusively governed by Dutch law. We both agree to the exclusive jurisdiction of the District Court of Amsterdam, The Netherlands.
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