DESIGN SUBMISSION TERMS AND CONDITIONS
(SUBMISSION OF PRODUCT DESIGNS)
All defined terms in the Terms apply to these Design Submission Terms unless specifically defined herein.
2. Binding Terms and Conditions
These Design Submission Terms governs and apply to your uploading and submission of Product Designs to the Site, including for any Contest organised by 3DLantis on or through the Site, whether on its own behalf or on behalf of its Client. By uploading and submitting Product Designs as aforesaid, you agree to be bound by and are deemed to have already read, understood and accepted these Design Submission Terms. 3DLantis reserves the right to cancel or amend these Design Submission Terms at any time without prior notice.
3. Representations and Warranties
By submitting the Product Design, you represent and warrant that:
- you have good title and authority to enter into the agreement with 3DLantis formed by these Design Submission Terms and are not bound by any previous agreement which adversely affects such agreement or the performance of your obligations herein;
- you are the sole and unencumbered owner of all copyright, design right and/or any intellectual property or other rights in the Product Design and any 3D Product that may be printable therefrom;
- the Product Design and any 3D Product that may be printable therefrom is your original work and created solely by you, is not copied in whole or in part from, nor is it an adaptation of, a third party’s design, work or trade mark;
- the Product Design and any 3D Product that may be printable therefrom does not and will not infringe the copyright, design right, trade mark or any intellectual property or other rights of any third party; and
- the Product Design and any 3D Product that may be printable therefrom does not contain any obscene, offensive, unlawful or defamatory material and will not expose 3DLantis to civil or criminal proceedings.
You shall indemnify 3DLantis and its Sublicensees (defined below) and keep 3DLantis and its Sublicensees indemnified against any and all loss, damage, costs, expenses, liabilities and claims arising from any breach of this Clause 3, including any claim by a third party that any of the Product Designs or any 3D Product that may be printable therefrom infringes any copyright, design right, trade mark or intellectual property or other rights of a third party.
4. Ownership and Licence
- You hereby grant to 3DLantis, its Client(s) and all users of the Site, a worldwide, non-exclusive, royalty-free, irrevocable (save where otherwise provided under Clause 6) right and licence to download the Product Design from the Site and to print 3D Products therefrom, for non-commercial purposes, for unlimited time.
- You further grant to 3DLantis and its affiliates the worldwide, non-exclusive, royalty-free, and irrevocable (save where otherwise provided under Clause 6) right and licence to:
- use, edit, modify, reproduce, distribute, publish, exhibit, communicate, prepare derivative works of, display, adapt, perform and otherwise exploit, in any media, your Product Design and/or any 3D Products printed or printable therefrom, including without limitation on any website owned or operated by 3DLantis and its affiliated corporations (including the Site); and
- use your Product Design to print any number of 3D Products from such Product Design, including for the purpose of the supply, provision, sale, distribution, marketing and promotion of such 3D Products to users or third parties on any website owned or operated by 3DLantis and its affiliated corporations (including the Site) or through any other media, channels or platform, and for the purpose of the marketing or promotion of the Site or any services offered by 3DLantis and its affiliates corporations;
- grant sub-licences of the above rights in (i) and (ii) to manufacturers, printers, sub-contractors and service providers of 3DLantis and its affiliate corporations for the above purposes,
[save only that the aforesaid licence shall be limited to non-commercial purposes upon (and not any time before) the execution by you and the Client of an Assignment Agreement in accordance with Clause 4(c) in the form stipulated by us for the transfer of intellectual property rights in your Product Design to the Client (“Assignment Agreement”), provided that such transfer has been approved by us and is in respect of a winning Product Design for which a prize has been awarded under the applicable Contest. For the avoidance of doubt, until and unless such Assignment Agreement has been executed, we shall be entitled to exercise the licence under sub-clause (b) to its fullest extent including for commercial purposes, profit or gain.]
Subject to the licences set out in this Clause, and save where you have executed an Assignment Agreement as required under Clause 4(c), all intellectual property rights in the Product Design shall be retained by you.
Notwithstanding the above, you shall not post, submit, or otherwise cause the Product Design to be featured on a website similar to the Site during the period in which the Product Design is featured on the Site for the purposes of inviting Product orders in respect of that Product Design or otherwise.
- Where you submit the Product Design pursuant to your participation in a Contest hosted on the Site, and your Product Design is selected as a prize-winning entry, you hereby agree to immediately transfer all intellectual property rights in your Product Design to 3DLantis, its Clients and/or its affiliates (as may be instructed by 3DLantis or stipulated in the Contest Rules) upon indicating your acceptance of your Prize, by executing an Assignment Agreement in the form specified by 3DLantis and you undertake to execute such steps or take all actions as may be necessary to effect the transfer of such intellectual property rights as set out above.
5. Design Selection Process; Contest Terms and Conditions
You acknowledge and agree that all Product Designs are subject to review by 3DLantis, its Clients and its affiliates and 3DLantis is under no obligation to feature, post or otherwise publish your Product Design on the Site or use your Product Design to create any 3D Products. Where 3DLantis selects your Product Design for publication on the Site, you further agree that 3DLantis makes no representations or warranties that your Product Design will be printed into any 3D Products, or that any 3D Product sales will be made. 3DLantis may feature your Product Design on the Site for one or more limited periods of time in its sole discretion. In any event, 3DLantis reserves the right to cease to feature your Product Design on the Site in its sole discretion, without assigning any reason.
Where you submit your Product Design pursuant to your participation in a Contest hosted on the Site under a specific set of Contest Terms and Conditions, you hereby agree to abide by the said Contest Terms and Conditions and you agree to the disposition of your Product Design and any attendant intellectual property rights in accordance with the Contest Terms and Conditions, in addition to any other applicable terms and conditions under the Terms and these Design Submission Terms. You further acknowledge and accept that your Product Design may be subject to scrutiny, review and comments from users of the Site and may be downloaded for non-commercial use by these users.
6. Revocation of License
You may at any time revoke your license for any Product Design in writing by email to hello@3Dlantis.com (clearly identifying yourself and your Product Design), subject to the following limitations:
- Where the Product Design was submitted pursuant to your participation in a Contest,
- such revocation shall amount to a withdrawal of the Product Design from the Contest;
- you may not revoke your license for the Product Design after the Close of Contest, as defined in the relevant Contest Terms and Conditions;
- your revocation shall only take effect from the date and time that 3DLantis effects the withdrawal of the Product Design from the Site;
- You will allow 3DLantis at least fourteen (14) days from the receipt of your notice of revocation to remove the Product Design from the Site; and
- All revocations shall be without prejudice to 3DLantis’ and/or any user’s continuing licence under Clause 4 to deal with the Product Design and any 3D Products printed therefrom accordingly.
While 3DLantis will use all reasonable endeavours to remove your Product Design as soon as practicable and subject to our receipt of your email as aforesaid, 3DLantis shall not in any way be liable for any delay in completing the withdrawal of the Product Design from the Site for any reason whatsoever.