These Terms and Conditions (“Terms”) shall apply to your (“you” or “User” (as defined below)) use of Cubee Inc. (“Cubee”, "we" or "us") Services (as defined below) identified and provided via the website located at: www.cubee3d.com (“Site”). Upon your access and/or use of the Site, you shall be deemed to have acknowledged and confirmed that you have read these Terms, understood them and agreed to them. Cubee may, from time to time update, amend or modify these Terms and such updates and/or amendments and/or modifications will apply at that instant to all then current and subsequent uses of the Site. Without derogating from the above, Cubee may, at its sole discretion, notify you of a change or amendment to these Terms by sending you a notification when you access the Site or by sending you a notice by e-mail. Your continued access and/or use of the Site following such amendments shall be deemed as your confirmation of such revised Terms.
Cubee provides a marketplace platform which enables individuals or legal entities (“Users”) to interact and cooperate to create, produce, sell, order and print 3D models (“3D Models”), 3D Models which were converted into a physical object (“3D Product”) or other 3D printing related services (the “Services”). The Services are made available via the Site to three types of Users as described below:
The Services provides for an interactive interface between the different types of Users. It enables Users to select a 3D Model or a 3D Product from a wide range of 3D Models or 3D Products uploaded by a Creator User. The Service also enables Creator and Customer Users to upload their own 3D Models to have it produced by a Printer User who listed their printer on the Site. Additionally, the Service allows Users to request to have a custom 3D Model designed by a Creator User and makes further 3D printing related services accessible to Users.
In order to access the Site you shall be solely responsible to ensure that your computer, computer networks and network connections, telecommunications facilities or mobile device meet all the necessary technical specifications to enable you to access and use the Services on Site.
Cubee cannot guarantee that the Services will always function without disruptions, delay or errors. Several factors may impact the quality of your communications and use of the Services and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Cubee takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
Your subscription and use of the Services require the creation of an account on our Site. During the process of creating an account (the "Account"), you may be required to insert your E-mail address and choose a password (the "Account Information"). The following rules govern the security of your Account and login information. For the purposes of these Terms, references to Account and login information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Services, that are used to access the Services.
You hereby acknowledge and agree that any responsibility regarding correspondence or business dealings with any User of the Service you may obtain, whether through the Site or externally, including delivery of related 3D Products or 3D Models, payment thereof and any other terms, conditions, warranties or representations associated with such commercial transactions, shall be governed by the terms and conditions set forth in your engagement with said User as long as such correspond with these Terms.
You represent and warrant that you have full right and authority to use the Services and the Site and to be bound by these Terms. You agree that you will fully comply with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services and Site. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Cubee or other Users, and that you shall not act in bad faith in your use of the Services and/or the Site. If Cubee determines that you have acted in bad faith and/or in violation of these Terms, or if Cubee determines that your actions fall outside of reasonable community standards, Cubee may, at its sole discretion, terminate your Account and prohibit you from using the Services and/or the Site. You agree that your use of the Services and/or the Site shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Reviews and Ratings. The Site may include social networking functionality that will allow you and other Users to review and rate 3D Products, 3D Models, Printer Users and Creator Users according to a variety of criteria determined by Cubee. In order to preserve the integrity of these “Reviews” and “Ratings”, you agree that you will not, directly or indirectly: (i) receive incentives from any person, including Printer Users and Creator Users to rate Users, their 3D Products and 3D Models; (ii) rate or review Users, 3D Products and 3D Models of any of your competitors; or (iii) take any other action that could reasonably be expected to artificially influence reviews or ratings results.
You acknowledge that Printer Users and Creator Users are ranked and placed in your search results on the Site, in accordance to a calculation based on a variety of factors determined by Cubee.
The Site may provide communication channels such as blogs, forums, communities, or chat areas (collectively, “Communication Channels”) designed to enable Customer User to communicate with Printer User and/or Creator User and/or other Users. Cubee is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Cubee may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.
You acknowledge that chats, postings, or materials posted by Users on the Communication Channels are neither endorsed nor controlled by Cubee, and these communications should not be considered reviewed or approved by Cubee.
You are not required to provide Cubee with any feedback or suggestions regarding the Site. However, should you provide Cubee with comments or suggestions for the modification, correction, improvement or enhancement of the Site, then, subject to the terms and conditions of these Terms, you hereby grant Cubee a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Cubee chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Cubees' and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Cubee chooses, but without reference to the source of such comments or suggestions. It is hereby clarified with respect to User Content that: (a) Cubee has no obligation to review the User Content and can in no way be held responsible for the content of the User Content. Opinions expressed in the User Content are not necessarily the opinion of Cubee. (b) Cubee is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
Cubee reserves the right to collect data about Site Users in order to improve User experience. In particular, this includes (i) model images rendered in different colors and from different angles, (ii) the calculation of model weight and sizes for different manufacturing machinery and equipment.
Your access and use of the Services are subject to the timely payment of all applicable fees respective to your use of the Service and in accordance with Cubee’s order form and fees listed on the Site, including shipping fees. Any fees included in a Printer User or a Creator User offer on the Site shall include the applicable taxes relevant to the country in which such User is situated. If you are a Printer User and/or a Creator User, your payment terms will be subject to the Supplier Agreement.
You shall be exclusively responsible for and shall pay all taxes, duties or levies of any kind relating to your use of the Services. Cubee will use the payment details only for the purposes for which they were supplied. Cubee shall take reasonable steps to ensure that the details of the payment are kept safely, though will not bear any liability for damage or loss caused to the User due to unauthorized access to the payment details provided by the User.
In the event that Cubee is addressed with a complaint regarding the quality of the Services provided to the Customer User, Cubee reserves the right to withhold any payment made to the Printer User and/or the Creator User until Customer User confirms an acceptable quality of the Product. It is clarified that Cubee shall not be responsible for the quality of any 3D Products and/or 3D Model. All payments made through the Site shall be subject to the provisions of the Consumer Protection Law or the equivalent applicable law, which may apply in accordance with the location of where the User is situated.
Cubee reserves the right to cancel any transaction related to the Service, in case a 3D Product and/or the 3D Model does not meet the specifications detailed on the Site. Cancelation and a full refund may be provided if an order was canceled prior to the delivery of the Order Confirmation Form. Any refund provided to a Customer User will be subject to Cubee’s sole discretion. If a User wishes to cancel a confirmed order, Such User will be required to provide us with a written notice via email@example.com within 14 days as of the date of supply. The cancelling User shall bear any applicable third party fees which may arise due to such cancelation, unless required otherwise under any applicbale law. If Cubee determines that a User is entitled for a refund, such will be provided within 14 days in the form of original payment provided to make the applicable transaction.
Notwithstanding the above, it is hereby clarified that all cancellations and refunds shall be subject to the provisions of the Consumer Protection law and therefore orders of 3D Products and/or 3D Models, which were custom made for our Users will not be refunded if an Order Confirmation Form was already delivered to the Customer User. In addition, to the extent applicable to a 3D Products and/or a 3D Model which was not custom made for a specific User, and subject to the cancellation terms set forth in the Consumer Protection Law, Cubee may charge Users cancellation fees, which shall not exceed 5% of the amount requested to be refunded or NIS 100, whichever is lower, and all subject to the provisions of the Consumer Protection law.
As part of your use of the Site you may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources (“Third Party Materials”). You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Cubee disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Site. You acknowledge and agree that Cubee: (a) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Site. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Cubee of Third Party Materials or any such third party services.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
The Site may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of Cubee and Cubee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cubee is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Cubee of the site or any association with its operators. You acknowledge and agree that Cubee will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked site.
Without derogating from any other terms herein, Cubee retain all rights in the Site materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement and excluding 3D Models or 3D Products which are owned by the Creator Users) (collectively, "Site Materials"). Cubee owns all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Site Materials. You hereby acknowledge that you do not acquire any ownership of such rights by using the Services or by accessing any of the Site Materials, or rights to any derivative works thereof. The entire contents of the Site are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Site pursuant to these Terms or otherwise exploit any of the Site Materials without Cubees' explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Cubee. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.
Any right, title, and interest, including copyrights and other intellectual property rights relating to a 3D Model or a 3D Product, shall be retained by the Customer User or Creator User who designed the 3D Model or 3D Product. You represent that you shall not use any such User right for any other purpose then using the Services, including, without limitation, for any commercial purpose, unless the User obtaining such right has agreed so in writing.
You acknowledge and confirm that you are aware that Cubee, as the Site operator, does not and will not have any responsibility in regards to your negotiations and/or engagement you may enter into with any User and/or with respect to any 3D Products or 3D Models purchased from such Users.
The Site and the Services are provided on an “AS IS” and “AS AVAILABLE” basis. You shall be solely responsible for any and all acts or omissions taken or made in reliance on the Site and the Services. To the fullest extent permitted by law, Cubee, its officers, directors, employees, and agents disclaim any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, title, fitness for a particular purpose or use, satisfactory quality, non-infringement, accuracy or completeness of the content of the Site or contents of any Linked Sites to the Site, that any data stored with Cubee will be secure or otherwise not lost or damaged, or that the Site will be uninterrupted or error free.
Cubee makes no representations about the quantity, sufficiency or quality of information provided on the Site and does not guarantee that the information provided by the Site is accurate or complete. Any shipping and delivery dates provided via the Site are determined and set by Users and Cubee is not liable for any damage or costs caused due to a delay in supply or delivery.
In no event shall Cubee or anyone on its behalf be liable for any direct, indirect, consequential, incidental, special or punitive damages of any kind, including without limitation damages for loss of business or profits, business interruption, loss of business information or loss or damages to goodwill, in connection with (i) your access to, display on, or use of the site and the Services and (ii) with the delay or inability to access, display, or use the site and or the services, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise or (iii) Damages resulting from failure, lost or delay in supply the 3D Model and/or the delivery or supply of the 3d Product and (iv) the 3D Product and/ or 3D Model quality, all, even if cubee has been advised of the possibility of such damages or loss.
To the fullest extent permitted by applicable law, you shall defend, indemnify and hold Cubee, its affiliates, and their respective officers, employees consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, or proceedings brought against Cubee by a third party, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
You agree not to settle and/or compromise any such claim without Cubee’s prior written consent. Cubee reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Cubee and you agree to cooperate with Cubee defense of such claims at your expense
By using or accessing the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Cubee. Any claim or dispute between you and Cubee that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Cubee reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND CUBEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms or any other issue regarding Cubee or the Services please contact us at: firstname.lastname@example.org.
All rights reserved, Cubee Inc.