Terms and Conditions

Below is the boring legal bit that outlines our terms and conditions. We have broken them down into brief statements below;

By using this site as a guest or by a member then you agree to these conditions below.

  1. Create a user account – choose a suitable name, no swear words/offensive words or copying trademarks. Make sure the email you register with is linked to a paypal account.
  2. By creating a user account, we will automatically add you to our news letter email to update you on the latest news we publish, along with the latest designs to download. To opt out, simply unsubscribe at the bottom of the email.
  3. When you download/purchase a file you do not own it. You are purchasing the right to print a copy of the file.
  4. Do not upload anything of a sexual/illegal/offensive nature. Your account will be regulated, anything we deem not suitable will be taken down.
  5. Do not over price your files. We aim to sell downloads/streams if you decide to put a price on your files make sure it’s realistic. If they are too high you won’t get any business and will be changed to encourage downloads.
  6. Commission is set at 80% after transaction fees (net download price). The remainder 20% goes towards maintaining the site.
  7. You will not download models and then sell copies of them unless specifically allowed to through a relevant license attached to the model/file. You are purchasing a copy of the file for personal use, not for commercial use. This is the default rule of the site. However, if you would like to license your designs for sharing and adaptations then please visit http://creativecommons.org/choose/ and choose a license type then copy the link into the model description. When downloading if there is a license attached to the model/file that allows you to share, adapt and commercially benefit from the design then you are free to do so.
  8. If you want to guarantee the security of your design when selling then we recommend you select the ‘stream’ option when uploading a design. This will ensure that your design you want to sell is never downloaded.
  9. The 3dfilemarket does not take responsibility for the quality of files. If there is an issue with the files you will email us and let us know.
  10. If you choose to download a file as a guest then you agree to all the of these terms and conditions listed on this page.
  11. Basically behave yourself on the site and enjoy what there is to offer.
  12. Double check you cart if you purchase files to make sure everything is correct and what you want to purchase. As all files are verified and checked for print-ability refunds are not given for any downloads you added to the cart by ‘human error’.
  13. By downloading you will be added to our mailing list where we share the latest information.

Terms and Conditions

Welcome to the 3dfilemarket.com. This website provides an exciting online marketplace in which you can sell copies of your 3D models to and from others and interact with others in the 3D printing community.

In order for you to upload and sell files on the 3dfilemarket you need to create a user account, this requires that you agree to these Terms and conditions.  Please read these Terms and conditions carefully. When the 3dfilemarket is referenced it is referring to the website www.3dfilemarket.com.

 

  1. Creating a user account.

 

1.1 In order to create a user account for 3dfilemarket you agree to the terms and conditions that are set out below. These terms and conditions will become a binding contract between 3dfilemarket and you the account holder. These terms and conditions create limitations and boundaries on your use of the 3dfilemarket  and these will be listed throughout this document. Please do not create a user account/name or use the site as a guest, if you do not agree to any of these terms and conditions of the 3dfilemarket. Your agreement and acceptance of these terms and conditions is effective until your username/account is deleted and terminated. If you accept the terms and conditions of the 3dfilemarket and engage in buying and selling of copies of  files, then terminate your username/account, the transactions occurred under your account name will still be bound under these terms and conditions indicated below.

The 3dfilemarket recommends that you save a copy of the terms and conditions and regularly review them  so you have the latest version. The 3dfilemarket reserves the right to alter, modify or revise these terms and conditions at any time without consultation with account holders. The revised/modified/altered terms and conditions will become current with immediate effect when uploaded to the website.

 

1.2 To access your 3dfilemarket account using your username you must have internet connection and a valid email address. You agree that email will be the sole method of communication between the 3dfilemarket and you the account holder unless specified otherwise by the 3dfilemarket. You agree that by registering an email address with an account name you allow the 3dfilemarket to communicate with you whenever is deemed necessary and that this method of communication between the 3dfilemarket and you satisfies any legal requirement that such communication be in writing. Also by creating an account with a valid email address you agree to receive the 3dfilemarket news letter and any communication that is required.

These terms and conditions apply to all User name holders, including such holders who contribute files and content (as defined below) on the website and those who purchase and download content from the 3dfilemarket.

 

2 Files and content

 

Every time a file is referred to as being ‘sold’ or ‘downloaded’ in these terms and conditions, this means the ‘designer/seller’ has granted you a license to print out their design. You do not actually own the design/file, you have purchased a license that allows you to print a copy for personal non commercial use. The intellectual property of the file will always remain the sole property of the ‘designer/seller’ unless stated through a specific license attached to the file/model. If you do not agree to this then do not create an account.

 

2.1 You agree that the only type of file that can be uploaded to the website and sold, or downloaded after being purchased, is an ‘STL’ file. It is the account holder’s responsibility to check that the file is ‘watertight’ and the 3dfilemarket takes no responsibility for the reliability of the file e.g. scale, dimensions, functionality, safety etc.  The file size of the STL file being uploaded and sold will be a maximum of 64MPG.

 

2.2 You agree that the files uploaded will not be of a violent/sexual/offensive/illegal  nature(this being determined by the 3dfilemarket) and that they must fit into one of the categories listed on the 3dfilemarket website. You also agree that you must upload an image of the STL file that is a true likeness of the file being sold.  An actual image of the printed part needs to be uploaded with the file to be authorised to the site. Also that this file image must be a JPEG file under the file size 2meg.  Any breach of these terms and conditions will result in the file being taken down and the possibility of the account being frozen or suspended.  The 3dfilemarket holds no responsibility for the content (files and images) that is posted on the website or downloaded from the website. Also the 3dfilemarket holds no responsibility for the consequences from the use of files downloaded from the website. Anyone violating these terms and conditions will face the consequences of national/region/local laws where relevant.

 

2.3 You agree that if there is a problem with a file that you have purchased you will contact the account holder through email and the account holder selling the file will communicate with you (the buyer) to rectify the problem e.g. fixing the file and uploading a revised version. If the file has already been purchased then any revised file can be emailed directly to the purchaser from the account holder selling the file.  If this is the case then you must copy in the 3dfilemarket in the cc box of the email so the 3dfilemarket can keep a reference of the quality of the files being sold and any discrepancies with files. If your files are not of good quality then the 3dfilemarket reserves the right to freeze or terminate your account. However all designs are verified so we don’t see any issues with this.

 

2.4 The 3dfilemarket reserves the right to block and suspend users who violate these terms and conditions and will not be liable for any of the content that is uploaded by users. The 3dfilemarket will regulate the website content on a regular basis and any user who does not follow these terms and conditions can have their account permanently suspended and their files removed from the website. If you do violate these terms and conditions then you will also forfeit any commission accrued from downloads of the files.

 

2.5 The 3dfilemarket offers users with the ability to upload files for license, sell files, buy files to download and promote files. The 3dfilemarket reserves the right to discontinue any of these services at anytime without any notice period.

2.6 You allow the 3dfilemarket to use the images of your designs/file/models to promote your design and the site through various media channels/social media/web applications. Note – we do not own your images you just give us permission to use them for promotional purposes.

2.7 Streaming of Designs. If you decide to select the ‘stream’ option when selling a model (streams are not allowed to be free, they must have a price attached to them in-line with the pricing policy) you agree that your design will be uploaded to our partners secure cloud servers (Authentise.com) where they will create the stream code to ensure that your design is securely streamed to the end user.

2.8 Downloading of Athentise streaming client. By purchasing a stream you agree that you will download our partners streaming client to enable the streaming of the design to occur. You agree that if needing support with the streaming integration you will contact Authentise.com who will be able to directly support you with any inquires you have.

 

 

3 Your User Name

 

3.1 You agree that before you can access features of the 3dfilemarket e.g. buying/downloading and selling of files you must create a unique username. When creating a username you agree that it must be unique and not contain any violent/sexual/offensive/illegal  words. If the 3dfilemarket deems that your username is offensive then you will be denied an account until you have changed it.

 

3.2  You agree that you must provide correct and complete information e.g. address, date of birth, email address as listed in the ‘creating an account’ section of the website. Also that you are solely responsible for keeping your password and username secure and that your password will be different from your username. Your username must comply with the terms and conditions of this document.

 

3.3 You agree that your username will not be an infringement on trademarks or other intellectual property and that you will not copy a third party’s username. The username creator is responsible for all activity occurring under the username and any activity deemed to be breaking the terms and conditions will result in the account name being suspended. The 3dfilemaket takes no responsibility for any activity occurred under a username and any consequences of the activity. You must notify 3dfilemarket immediately if you suspect any unauthorized use of your account username.

 

3.4 3dfilemarket recommends that you change your password on a regular basis to reduce the likelihood of any unauthorized use of your username.

 

4 Orders

Pricing and payment

4.1 Pricing will be displayed in US dollars and payment will be through the relevant payment methods displayed on the website. These are subject to change and alteration when needed without notice being given. You agree that to purchase a file you need to complete the payment and provide the correct payment details before the file can be downloaded.

4.2 If you pay in a different currency the conversion of the payment will be handled by our payment service provider or the credit card company who will dictate the conversion rate.

4.3 3dfilemarket reserves the right to cancel any order and offer a full refund in the event of any unforeseen technical problems. After completion of a purchase you will be sent an order conformation to the email address provided in your user account.  It is your responsibility to check this order confirmation and inform us by email of any issues arising from the order confirmation. 3dfilemarket is not liable for any mistakes occurred during the purchasing and selling of files on the website from the user.

4.4 The email account that you register must be attached to a paypal account so any commissions will be paid directly into that paypal account. Commissions will be paid every 3 months on a date determined by the 3dfilemarket only when the total downloads of the user surpasses $25. If not then any accrued commissions will be paid out annually.

 

4.5 If you purchase a model or multiple models then you accept that it is your responsibility to check the contents of the shopping cart before you complete your purchase. Refunds are not given for discrepancies on downloads or not editing the shopping cart before checking out.

 

5. Pricing model

5.1 The aim of the 3dfilemarket is to be competitive, therefore you agree to price your files in a competitive way using our pricing model (see below). We want visitors to the 3dfilemarket to purchase your files and become regular customers, the more times customers buy your files the more commission you will make. Therefore the 3dfilemarket reserves the right to change the price of your model to ensure competitiveness within the site and also within the 3dprinting community. The aim is to make 3dprinting a cheaper option than going to buy the item readymade in a retail store. If your STL file is overpriced then 3dfilemarket reserves the right to change this price to ensure that the 3dfilemarket website is not seen as an overpriced expensive option. If you do not agree to price your files competitively using out pricing model as a guide then the 3dfilelmarket reserves the right to suspend your account.

5.2 Pricing model (This is a guide only and subject to change upon review by 3dfilemarket without notice)

iphone case – $2.00 – $10

Household items – $2.00- $5.00 e.g. kitchen utensils, flower vase, door knob, toothbrush holder etc.

Art work – $2.00 – $10.00 e.g. sculpture items, smaller items lower priced, larger items higher priced.

Imitation toys – $2.00 – $10.00

Jewellery – $2.00 – $5.00 e.g. rings, necklaces, bangles/bracelets, keyrings etc

If there is a specific model that you want priced outside the of the pricing policy then this will be determined through dialogue between the 3dfilemarket and the vendor.

 

5.3 Commission

You agree to set/register a paypal account so that royalities from sales can be paid to you. The account email you use must be registered to a valid paypal account.  Every time one of your files is downloaded you will receive 80% of the net sale price in commission after transaction fees have been paid to the payment provider (currently paypal).  The other 20% will go towards web hosting/maintaince costs and running/promoting of the site. The 3dfilemarket reserves the right to alter this commission rate to keep the site competitive.

 

 

6 Restrictions and Conditions Relating to the Service/website

 

The 3dfilemarket grants you permission to access and use the services of the site as outlined in the terms and condition mentioned above and based upon the following conditions below; any breach of these terms could relate in your account being disabled and your suspension from using the service.

6.1   You agree that you will not alter, republish, display, reprint, copy any of the website content and any social media content without the written permission of the 3dfilemarket.

6.2   You will not promote any other service/company/website/social media outlet on the website without written consent from the 3dfilemarket.

6.3   You will not attempt to interfere with security-related features of the website and you will not distribute content within the website by any means e.g. emailing spam/promotional content  to other members.

6.4   By using the services of the 3dfilemarket you agree to use in a legal manner and you agree to adhere to all country, state and local laws, statutes, ordinances and regulations that are applicable to your use of the Service.

6.5   Any comments left on the website for members/public to see will be non offensive. Any use of language that is deemed offensive e.g. swear words/adult content/abusive comments will be removed from the 3dfilemarket and the account holder will have their account suspended.

6.6   You are solely responsible for the content that you post and any consequences of this. The 3dfilemarket does not accept any liability for any of the content posted on the site.

6.7   As a user of the 3dfilemarket you offer your files to be licenced for personal non commercial use. Any files that you purchase or sell are for personal use and not to be re-produced in any way to be commercially sold unless you have permission from the account holder you purchased the copy of the file from. The 3dfilemarket accepts no responsibility for member behaviour once files are downloaded. If you are found to be downloading content and then selling multiple copies for personal/commercial purposes your account will be suspended and any commission accrued will be forfeited and the original owner of the file reserves the right to take legal action.

6.8   You agree that you will not download files from the other account names on the website and then re-sell them under your own account/username. If this happens you will forfeit any commissions accrued and your account will be suspended.

6.9   You will not upload/post any offensive, threatening, pornographic, violent, obscene, defamatory, libellous or illegal content on the website. You will not upload or post any files/content that could be used to make any kind of/parts of weapons e.g. guns/rifles/brass knuckles/knives etc. You will not upload any content that could be deemed illegal in the country/state/town where you reside. The 3dfilemarket accepts no responsibility for your actions and you agree that if found to post any such material then you will take full responsibility for your actions and any consequences that follow as a result of your actions. The 3dfilemarket will fully co-operate with any law enforcement authorities and will disclose personal information upon request if need to be the relevant authorities.

 

6.10 The content that you download and ultimately print/make does not come with any warranty or safety regulations of any kind. Use of content accessed or obtained through the website is AT YOUR OWN RISK. The 3dfilemarket will not take any responsibility for the content uploaded/downloaded or the consequences of using the files to make products.

 

6.11 After you have successfully paid for the download of a file you will not be able to actually download the file until the payment has been cleared/confirmed at the end of the checkout process.

 

6.12 In the event that the file you have purchased is defective or fails to comply with the written description/image, the 3dfilemarket may assist you in resolving the matter with the seller of the file. If the problem is not resolved within a reasonable time, then 3dfilemarket, may in its sole and absolute discretion, provide a refund of the download fee, in which case the refund will be your sole and exclusive remedy to resolving the issue. However all files have been checked for printability and are only published with proof through a photo that they can print. So in this case another download link will be sent to rectify the situation.

 

6.14 The 3dfilemarket is not responsible for print failure of any sorts resulting from user error/lack of maintenance/defective materials or machines. If the print fails under this scenario you agree it is your responsibility to rectify this issue.

 

6.15 The 3dfilemarket reserves the right to alter the royalty payments when deemed necessary without prior notice being given.

 

6.16 You agree that you will keep your user account details up to date and current to allow proper payments to you from the 3dfilemarket. If your account details are incorrect or inaccurate, payments may be delayed or you may not receive payment. If you are owed any royalty payments we will attempt to transmit the payments to the contact information that you supplied in your user name and account. We will attempt to contact you for one year from the date when the royalty is earned. If we are unable to process the royalty payment within a year then you due to incorrect contact information then you will forfeit any payments owed to you.

 

7 Intellectual Property

 

7.1 The content that you post for license must be your own and not belong/partially belong to a third party unless there is a relevant license allowing for the use of the work. This relates to files uploaded, images displayed and descriptions added to your designs.  The content must not contain any patented designs/functions, trademarks or copyrighted material unless you have permission from the rightful owner. This will need to be proven to the 3dfilemarket through use of your own legal advisors to determine whether you may legally post, offer for license or license to others any particular design. The 3dfilemarket is not responsible for any material posted that breaks this condition and any consequences that may follow from this.

 

7.2 By opening an account and uploading files for license you agree to let the 3dfilemarket promote your designs (STL files/JPEG images/physical printed examples of your work) and make copies of your designs (e.g. 3D printed copies for display/promotion) royalty free, for the purposes of promoting the service at the 3dfilemarket’s discretion.

7.2.1. You grant permission to the 3dfilemarket to use your images to help promote your designs and the 3dfilemarket website e.g. through promoting of images through social media, using images as category images on the 3dfilemarket and banner images. This permission is non exclusive to the 3dfilemarket.

 

7.3 Any unauthorized use of any trade dress, trademarks, service marks, or any other intellectual property belonging to a third party or 3dfilemarket is strictly prohibited, and may be prosecuted to the fullest extent of the law.

 

  1. 8.           Termination Rights

 

8.1   The 3dfilemarket reserves the right to terminate your account with any notice being given if you are found to violate any of the terms and conditions detailed above. If you have been found to violate the terms and conditions of the website/service then your account will be suspended and any commission accrued will be forfeited.

8.2   3dfilemarket reserves the right to remove/edit any content without notice or without reason at any time by acting in it sole discretion.