3DLANTIS WEBSITE TERMS AND CONDITIONS
Welcome to the 3DLantis website, www.3DLantis.com (the “Site”), owned and operated by 3DLantis Pte. Ltd. (“3DLantis”). 3DLantis offers on or through the Site materials which includes Product Designs (as defined in Clause 10), 3D Products (as defined in Clause 10) sold on the Site (“Products”), and services including without limitation:
- a platform for users to upload Product Designs for review by 3DLantis, its clients (“Clients”) and/or its affiliates, as well as the public for the purposes of participating in Design Contests (as defined in Clause 10) for prizes and with a view to the possible use of such Product Designs, whether in digital format or in the form of 3D Products printed from the corresponding Product Designs, to be sold, supplied or otherwise disseminated through the Site;
- access to Content (as defined in Clause 9), including without limitation Product Designs;
- a social platform to create, upload and publicly make available Content;
- message boards, forums, blogs, communication tools;
- online ordering of Products; and
- any other features, content or applications that 3DLantis may offer at the Site from time to time in its sole and absolute discretion,
2. Your Acceptance
By accessing, using and/or visiting the Site, accessing, uploading and/or downloading Content, ordering Products and/or using the Services, you hereby represent and warrant that:
(i) you have read and agree to be legally bound by these Terms, as may be modified or amended by 3DLantis from time to time;
(ii) you will comply with these Terms and all applicable laws in using and/or visiting the Site, accessing, uploading and/or downloading Content, ordering Products and/or using the Services;
(iii) you will comply with the Service Terms in using the Services; and
(iv) you satisfy either of the following:
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms. Specifically, you agree that the Site is not intended for persons under 13 years of age; or
- you are contracting as parent or guardian of a child or ward who is less than 18 but more than 13 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Terms and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Terms.
If you do not accept these Terms, please leave the Site and discontinue use of the Services immediately.
- offer or supply you with the Services or to fulfil any orders for Products;
- comply with legal process;
- enforce these Terms;
- respond to claims that any Content violates the rights of third parties;
- protect the rights, property, or personal safety of 3DLantis, Site users, or the public;
- administer any Contest in which you have submitted a Product Design, including the disclosure of such of your personal data and Content as has been submitted by you or collected by 3DLantis in connection with such Contest, to the Client on whose behalf such Contest is conducted.
4. Website Access
In consideration of 3DLantis permitting you to access and make personal use of this Site and the Content in accordance with these Terms, you agree that you shall:
- use the Site and the Content for your own personal use only, and not for any commercial purpose;
- not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade, link or exploit for any commercial or other purposes, any portion of, or any access to the Site, any Product, any Service, or any Content, without 3DLantis’ prior written consent; and
- comply with these Terms.
5. Electronic Communications
When you visit 3DLantis.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that to access and use certain Services and/or some portions of the Site, to order Products or to participate in a Contest, you may be required to create a user account with the Site (“Account”) and/or submit personal data as may be requested by 3DLantis. You shall not share your Account with or permit access to your Account by any third party, or access, modify or use any Account that is not your own. Any activity that originates from or is associated with your Account is solely your responsibility, as is the security and confidentiality of your Account’s username and password. You may change your password at any time by updating your Account page. In addition, you agree to immediately notify 3DLantis in writing of any unauthorized use of your Account, username or password, or any other breach of security. 3DLantis shall not be liable for any loss or damage arising from your failure to comply with this Clause 6.
You agree to provide true, accurate, current and complete information about yourself in all required fields upon request by 3DLantis. In the event that any information ceases to be true, accurate, current or complete, you shall immediately notify 3DLantis in writing and provide the then-current information. 3DLantis reserves the right to suspend, terminate or otherwise bar you from using the Site without notice to you if it suspects that the information you have submitted is not true, accurate, current or complete, or that you have otherwise violated these Terms.
7. Prohibited Uses of the Site and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content, User Content or materials that:
- contain corrupted files, viruses, Trojan horses, worms, time bombs, or any other programs designed to impair the operation and functionality of the Site, Services, or any computer, including without limitation any form of gray-, bad- or malware such as adware, spyware, ransomware, scareware, and/or fraudulent dialers, whether or not such programs are deliberately malicious or simply unwanted;
- are inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the civil or proprietary or other rights of any third party;
- contain chain letters or pyramid schemes;
- contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
- impersonate any person, business or entity, including 3DLantis and its related corporations, subcontractors, employees and agents; or
- in 3DLantis’ opinion, would otherwise restrict, impair, interfere with or inhibit any other user from using or enjoying the Site, the Services and/or Products.
You agree not to expose the Site to any automated system, including “robots” “spiders” or similar technological devices or programs that access the Site in a manner that sends more request messages to the 3DLantis servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You shall not collect or use any personal data from the Site, including the names and contact information of other users. Additionally, you shall not use the communication systems provided by the Site for any commercial purposes.
These Terms apply to all users of the Site, including users who contribute Content, information, ideas, designs and other materials or services on the Site. 3DLantis may provide hyperlinks on the Site that direct users to one or more external websites operated by third parties (“Third Party Sites”). Certain Third Party Sites also may provide links to this Site. 3DLantis does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. You agree that the provision of any such links, whether by 3DLantis or any third party, is not an endorsement by 3DLantis of the Third Party Sites or any content therein.
Access to any Third Party Site is at your own risk and 3DLantis incurs no liability arising out of or related to such Third Party Sites or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on any content, goods, or services available on or through any such Third Party Site (including any virus, spyware, malware, worms, errors or damaging material contained in the Third Party Sites). 3DLantis has no control over, and is not responsible for the content, privacy policies, practices, or the availability of any content of any Third Party Site. By using the Site, you hereby irrevocably waive any claim against 3DLantis with respect to or arising from your use of any Third Party Sites.
9. Intellectual Property Rights
Content made available on or via this Site, including text, graphics, photos, interactive features, Product listings, Product Designs, materials, information, news, advertisements, listings, data, input, songs, audio, video, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions and ideas (collectively, “Content”), may be created by or for 3DLantis (such Content to be known as “3DLantis Content”) or may be created, transmitted, posted or uploaded by a user of the Site (such Content to be known as “User Content”). The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all 3DLantis Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with 3DLantis where applicable or are otherwise licensed to 3DLantis by users or third parties, and all such rights are expressly reserved by 3DLantis or the relevant third parties. The trade marks, service marks and logos displayed on this Site (“Marks”) are owned by or licensed to 3DLantis by third parties, and all rights to the Marks are expressly reserved by 3DLantis or the relevant third parties. 3DLantis further reserves all rights not expressly granted in and to the Site and its Content.
You shall not use, copy, distribute, reproduce, transmit, broadcast, display, sell, license, communicate to the public, or otherwise exploit the Marks or any of the Content without the prior written consent of 3DLantis or the relevant third party. If you download or print a copy of the Content for personal use, you shall retain all copyright and other proprietary notices contained therein where possible. You agree not to circumvent, disable or otherwise interfere with any features of the Site that prevent or restrict use or copying of any Content, or otherwise limit your use of the Site or the Content.
10. Comments and User Submissions; Design Submission Terms and Conditions
You acknowledge that 3DLantis is not obliged to exercise editorial control over, review, edit or amend User Content, including any comment, posting, email or any information that may be inserted or made available on the Site by other users. 3DLantis does not endorse, assume responsibility for, or guarantee the reliability or accuracy of any such User Content. It is solely your responsibility to evaluate all User Content and you alone bear all risks related to the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Your sole recourse for any damage you may suffer in relation to User Content shall be against the user who originally posted the said User Content.
Users may submit “Product Designs” which means/includes designs, renderings and/or digital models in a suitable format for use with computer-assisted design software (including in STL file format or other file formats) of a 3-dimensional object (“3D Product”) in order to print the aforesaid object in 3-dimensional form using computer-aided manufacturing (CAM) devices or such other available 3D printing technology to 3DLantis on or via the Site, to participate in contests organised by 3DLantis, its clients and/or its affiliates (“Design Contests”) under which 3DLantis, its clients and/or its affiliates shall determine winners who shall thereafter be eligible for prizes as determined under the applicable Contest Terms and Conditions. By submitting any Product Design, you acknowledge that you shall, in addition to these Terms, be bound by the Design Submission Terms and Conditions and any applicable Contest Terms and Conditions.
11. Intellectual Property Infringement
3DLantis respects the intellectual property of others, and asks users of the Site to do the same. By posting User Content to the Site, including Product Designs, you represent and warrant that your Content, and the 3D Products that are printable from such User Content, do not infringe the intellectual property in any third party’s work. 3DLantis reserves the right, in its discretion, to remove any User Content which it believes may infringe or result in the infringement of the intellectual property in any third party’s work, and/or to terminate the account of any user whom 3DLantis believes is posting, submitting, or otherwise dealing in infringing works.
If you believe that your intellectual property has been infringed by the posting of your intellectual property on the Site without your consent, you must send a written notice that includes the following information (“Infringement Notice”):
- your name and address;
- where you are acting on behalf of an intellectual property right owner or an exclusive licensee, the name and address of the intellectual property right owner or exclusive licensee;
- where you are not resident in Singapore, your address for service in Singapore;
- a telephone number, a facsimile number (if any) and an electronic mail address at which you can be contacted;
- sufficient particulars to enable 3DLantis to:
- identify the material in respect of which intellectual property is alleged to have been infringed (“Original Material”);
- identify and locate the User Content alleged to be an infringement of the Original Material referred to above, including the online location of that User Content (“Infringing Content”);
- a statement that you require 3DLantis to remove or disable access to that Infringing Content;
- a statement that you, in good faith, believe that the Infringing Content is an infringing copy of the Original Material;
- a statement that the information in your notice is accurate;
- a statement that you:
- are the owner or exclusive licensee of the intellectual property in the Original Material; or
- are authorised to act on behalf of the owner or exclusive licensee of the intellectual property in the Original Material; and
- a statement that you submit to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to your notice.
Your Infringement Notice should be sent to our designated email, hello@3Dlantis.com.
3DLantis will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against 3DLantis in respect of any Infringing Content, unless you have first given 3DLantis the Infringement Notice and sufficient opportunity to remove the Infringing Content, and thereafter 3DLantis refuses or fails to remove the Infringing Content within a reasonable time. Where 3DLantis removes the Infringing Content in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against 3DLantis under applicable law which you may have in respect of any Infringing Content appearing on the Site prior to such removal by 3DLantis.
You acknowledge and agree that 3DLantis has no control and cannot undertake responsibility or liability in respect of Infringing Content appearing on Third Party Sites.
12. Warranty Disclaimer
You agree that your use of the Site shall be at your sole risk. While 3DLantis makes every effort to ensure that all 3DLantis Content displayed on the Site is accurate and complete, the 3DLantis Content and User Content are provided for informative purposes and on an “as is”, “as available” basis only without warranties of any kind either express or implied. To the fullest extent permitted by law, 3DLantis, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of 3DLantis, disclaim all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, 3DLantis does not warrant or represent that:
- the Site’s Content or the content of any sites linked to the Site will be accurate, complete, or free of errors or mistakes;
- the Site’s Content or the content of any sites linked to the Site, or your use thereof, do not infringe any patent, registered design, trade mark, copyright, trade secret or other intellectual or industrial property right of any third party or give rise to any liability to pay royalty or other compensation;
- the functions contained in or access to the Site, Services, 3DLantis Content, User Content or other content will be timely, uninterrupted or error-free or without omission;
- any defects will be corrected; or
- the Site, Services, 3DLantis Content or User Content are free of viruses or other harmful components, or that the download, installation or use of any 3DLantis Content or User Content in or with any computer will not affect the functionality or performance of the computer.
3DLantis does not warrant, endorse, guarantee, or assume responsibility for any Third Party Site or other promotion, and 3DLantis will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. No advice or information, whether oral or written, obtained by you from 3DLantis or through or from the Site shall in any way be deemed, to constitute an offer or provision of any professional or expert advice, or create any warranty not expressly stated in these Terms. As with the purchase of a product or service through any medium or in any environment, you agree that you shall use your best judgment and exercise caution where appropriate.
13. Limitation of Liability
In no event shall 3DLantis, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of 3DLantis, be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) resulting from any:
- errors, mistakes, or inaccuracies of Content on the Site;
- personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, inability to use, or otherwise caused by any 3DLantis Content, User Content, Services, Products, the Site, or any other website;
- any unauthorised access to or use of 3DLantis’ servers and/or personal data stored therein;
- any interruption or cessation of transmission to or from the Site;
- any bugs, viruses, trojan horses, or other harmful components, which may be transmitted to or through the Site; or
- any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Site.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In the event that 3DLantis is liable for damages despite the foregoing paragraph, you agree that 3DLantis’ aggregate liability to you for any and all causes of action in relation to the 3DLantis Content, Services, Site, and these Terms, shall not exceed the sum of Singapore Dollars one hundred (S$100), or alternatively, the value of the transaction giving rise to such liability, whichever is lower. The liability exclusions and limits for Products offered on this Site are set out in the Terms of Sale.
Under no circumstances, including, but not limited to, negligence, shall 3DLantis be liable for any indirect, special, consequential, or incidental damages that result from the use of, the inability to use, or otherwise caused by any 3DLantis Content, User Content, Services, Products, Site, or any other website, even if 3DLantis or a 3DLantis authorised representative has been advised of, or should have foreseen, the possibility of such damages.
You specifically acknowledge that 3DLantis shall not be liable for User Content or for any defamatory, offensive, or illegal conduct of any third party, and that the risk of harm, damage or loss from the foregoing rests entirely with you.
The Site is controlled and offered by 3DLantis from its facilities in the Republic of Singapore. 3DLantis makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You acknowledge that the exclusions and limitations of liability set out in these Terms permit 3DLantis to provide you with access to and use of the Site and the Services at lower rates than it otherwise could and that such exclusions on liability are reasonable.
14. Choice of Law and Venue
These Terms and the Service Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
Any dispute arising out of or in connection with these Terms, or breach hereof, including any question regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) or at such other venue in Singapore as the parties may agree in writing in accordance with the SIAC Rules. The law of the arbitration shall be the Singapore International Arbitration Act (Cap. 143A). The Tribunal shall consist of a single arbitrator to be appointed by the Chairman of the SIAC if not agreed between the parties. The arbitration shall be conducted in the English language. The judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based. The parties undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
Nothing in these Terms shall preclude or waive 3DLantis from applying to court for any injunctive or equitable relief, and the parties hereby submit to the non-exclusive jurisdiction of the Singapore courts for this purpose.
You agree to defend, indemnify and hold harmless 3DLantis, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of 3DLantis, from and against any and all claims, demands, actions, proceedings, damages, obligations, losses, liabilities (including statutory liability and liability to third parties), penalties, costs (including without limitation, legal costs on an indemnity basis), awards, debt or expenses, due to or arising from:
- your use of the Site or any Service;
- your connection or access to the Site;
- your inability to use or access the Site or any Service;
- your breach of any of these Terms, and/or the Service Terms;
- your violation of any rights of another person or entity, including without limitation any intellectual property, property, or other right;
- your breach of any statutory requirement, duty or law; or
- any claim that one of your Product Designs caused damage to a third party.
This indemnity shall survive these Terms and your use of the Site.
17. Additional Terms
- Assignment: These Terms, and any rights and licenses granted hereunder, may not be assigned, delegated, sublicensed or otherwise transferred by you, whether in whole or in part without the prior written consent of 3DLantis. Any such unauthorised assignment shall be deemed null and void. These Terms and all the rights of 3DLantis hereunder may be assigned, delegated, sublicensed, transferred or otherwise dealt with by 3DLantis, and shall inure to the benefit of the successors and assigns of 3DLantis.
- Severance: If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- Waiver: No waiver of any rights or remedies by 3DLantis shall be deemed a further or continuing waiver of such right or any other right, nor shall such waiver be effective unless made in writing and signed by an authorised representative of 3DLantis. 3DLantis’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Modifications to Terms and Site: 3DLantis reserves the right to amend, modify, add, remove, suspend or discontinue any or all parts of these Terms, the Site, Products or Services, at any time in its sole discretion and without prior notice. Such modifications shall take effect immediately upon posting of the modified Terms to the Site. It is your responsibility to review these Terms for any changes. By continuing to use the Site following any amendment of these Terms you represent and warrant that you have read and agree to the revised Terms. 3DLantis reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to the Site, Products or Services (or any part thereof) without notice or liability.
- Limitations on Actions: You agree that any cause of action arising out of or relating to these Terms, the Site, Products or Services shall be commenced within one (1) year from the date of accrual of the cause of action. Failure by you to commence such action within this time shall be construed as a waiver by you of your rights and remedies in relation to that cause of action.
- Paragraph Headings: The paragraph headings in these Terms are included to help make these terms easier to read. They have no legal effect nor shall they affect the construction of these Terms in any way.
- Entire Agreement: These Terms and the Service Terms comprise the entire agreement between you and 3DLantis with respect to the use of the Site and/or Services, and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in these Terms or the Service Terms.
Please report any violations of the Terms, including objectionable User Content or behaviour, to hello@3Dlantis.com. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. Upon receiving such a report of a possible violation, 3DLantis in its sole discretion may investigate the matter and take such action as 3DLantis determines to be appropriate.
19. Termination or Cancellation; Survival
You agree that 3DLantis may, at any time and in its sole discretion, with or without cause or any notice to you, terminate these Terms, or restrict, suspend, or terminate your access to the Site and/or your Account. The expiration or termination of these Terms shall be without prejudice to the accrued rights of 3DLantis and any provision hereof which relates to or governs your acts subsequent to such expiry or termination hereof shall remain in full force and effect and shall be enforceable notwithstanding such expiry or termination. You acknowledge and agree that if you use the Site after termination of these Terms, that use shall constitute your agreement to then-current Terms posted on the Site.