2. Description of Services
2.1. The Services are based on the Software offering a digital construction technique that allows to stack and play with cubes to easily create 3D contents (hereinafter the “Contents”).
2.2. The Services enable the User to create, edit, view, upload and share Contents.
2.3. User may use the Software on-line on the Website. User may also download an application to use the Software offline on his or her computer upon registration.
2.4. 3DSlash reserves the right to insert on the pages of its Website advertising, promotional and/or sponsoring messages.
3. Use of Services
In order to use the Services, User must:
(i) have access to the Internet. The costs and fees to access the Internet are to be borne by User. User must also have the hardware devices required to access the Internet;
(ii) provide a technological environment that meets the standard system requirements described on the Website. User is sole responsible for obtaining and maintaining at the User expense all necessary hardware, software, modems, and other items necessary to the Services.
4.1. The Services are offered to User in different option:
(i) Unregistered User (hereinafter “Unregistered User”), requiring no registration on the Website and no financial counterpart to use the Services;
(ii) Registered User (hereinafter “Registered User”), requiring registration on the Website, leading to the creation of an account, and no financial counterpart to use the Services;
(iii) Premium User (hereinafter “Premium User”) requiring registration on the Website leading to the creation of an account, and payment of a subscription fee; and
(iv) School or Professional User (hereinafter “School/Professional User”) requiring registration on the Website leading to the creation of an account, and payment of a subscription fee; School/Professional User service allows the subscriber to such an account to create a certain number of sub-accounts for beneficiary users authorized by the account subscriber (for example : students, employees, or providers).
School/Professional User account’s subscribers are responsible for the use of the Services by their authorized beneficiary users.
4.2. Functionalities of each option are described on the Website. Certain functionalities and modes are only available to Registered Users, Premiums Users, or School/Professional Users.
5. Premium User and School/Professional User price conditions
Prices to subscribe as a Premium User and School/Professional User are available on the Website.
For School/Professional Users, the price to be paid to create sub-accounts will be calculated on a pro rata basis for the number of quarters remaining before the expiry date of the subscription. Each quarter started is due in full.
All prices for the Services are in the currency indicated on the Website, inclusive of tax.
The prices for the Services can be revised by 3DSlash.
The revised prices are applicable as soon as they come into force to new and renewed subscriptions. The revised prices shall not apply to an ongoing subscription.
User agrees to pay the Services at the prices in effect at the time of subscription or of renewal of the subscription.
The payment of the subscription price is carried out via an online automated payment system, by credit card only. The list of credit cards accepted is displayed at the beginning of registration process, by following the procedure described during the registration process.
User will only be granted access to the Services upon full receipt of the payment.
3DSlash will issue an invoice for each paid subscription and email them to the User.
Prices paid are non-cancellable and non-refundable.
6. Services duration
6.1. Unregistered User. Unregistered User can use the Services for an undetermined duration until (i) the User stops using the Services or (ii) 3DSlash ceases to provide the Services.
6.2. Registered User. Registered User’s subscription duration is undetermined.
User can unsubscribe at any time, via a dedicated link accessible via his or her account.
Where User does not access to his or her account for a period of one (1) year from registration, 3DSlash will be entitled to terminate the provision of the Services to such Registered User, which automatically leads to deletion of User account, subject to a one month’s notice, sent by email to the Registered User.
6.3. Premium User. Premium User’s subscription is valid for a period indicated when the User subscribes as Premium User on the Website, starting on the date of the subscription.
3DSlash will send an email to Premium User at least one (1) month prior to the expiry of the subscription period to inform User of such expiry and of possibility and conditions, notably price conditions, to Premium User subscription. Premium User will have the possibility to renew his or her subscription on the Website.
Upon expiry, unless Premium User has renewed his or her subscription, Premium User’s subscription will automatically be transformed to Registered User subscription and User will have access to Services as a Registered User as provided under Article 6.2.
6.4. School/Professional User.
(i) School/Professional User account: School/Professional User’s subscription for an account is valid for a period indicated when the User subscribes as School/Professional User on the Website, starting on the date of the subscription.
3DSlash will send an email to School/Professional User at least one (1) month prior to the expiry of the subscription period to inform User of such expiry and of possibility and conditions, notably price conditions, to School/Professional User subscription. School/Professional User will have the possibility to renew his or her subscription on the Website.
Upon expiry, unless School/Professional User has renewed his or her subscription, School/Professional User’s subscription will automatically be transformed to Registered User subscription and User will have access to Services as a Registered User as provided under Article 6.2.
(ii) School/Professional User sub-account: School/Professional User subscription for a sub-account is valid from the creation date of a said sub-account to the expiry of School/Professional User account’s subscription.
Renewal of a School/Professional User account’s subscription will have the effect to renew all School/Professional User’s sub-accounts subscribed under such School/Professional User’s subscription, unless such sub-accounts are deleted prior to renewal.
7. Registration, account, password
7.1. In order to access the Services as a Registered User, as a Premium User or as School/Professional User, User must create an account and password on the Website and fill in an identification form with mandatory fields.
Failure to fill in all the required fields shall deprive User from the right to access the Services as a Registered User, as a Premium User or as School/Professional User.
All information provided by User shall be accurate and correct and shall be promptly updated by User in case of modification of all or part of such information.
7.2. User is responsible for maintaining the confidentiality of his or her password and account or sub-account and is fully responsible for all activities that occur under his or her password or account or sub-account as a result of User’s negligence.
User shall immediately notify 3DSlash of any unauthorized use of his or her password or account or sub-account or any other breach of security.
7.3. 3DSlash shall not be liable for any loss or damage arising from User’s failure to comply with his or her obligation to maintain his or her security and privacy.
8. Withdrawal –Waiver
Pursuant to Article L.221-13 of French Consumer Code: If applicable, the professional shall provide to the consumer, in the same conditions [i.e. provision on a durable medium after an agreement conclusion and no later than the moment a product is delivered or the starting of service execution], prior to the expiry of the withdrawal period, confirmation of his or her express consent for the provision of digital content not supplied on a medium and for the waiver of his or her exercise of withdrawal right.
3DSlash will send such confirmation to User in the registration confirmation email.
9. User obligations
User acknowledges that he or she is fully aware of the risks linked to the use of online communication services and consequently must use the Services knowingly, taking into account in particular that the Services are available to and may be accessed by the general public. As a consequence, User is solely responsible for his or her conduct on the Website and more generally of his or her use of the Website and Services.
9.1. Prohibited Conduct
9.1.1. User must comply with all applicable laws, rules and regulations and shall not create, upload, post, licence, display or otherwise make available Contents that in substance would be illegal or reprehensible. In particular User shall not, without limitation :
(i) forge or otherwise manipulate, in any way or manner, logins or headers of messages in such a way as to hide the origin of the Contents transmitted via the Services;
(ii) create, upload, post, licence, display or otherwise make available any Content or message that in substance would infringe patent, trademark, trade secret, copyright or any other proprietary and intellectual right or image right of any third parties;
(iii) create, upload, post, licence, display or otherwise make available any Content to promote prohibited or regulated products or services (especially tobacco, alcohol, gambling, medicine, firearms);
(iv) forward unauthorized or unsolicited commercial messages (spam);
(v) create, upload, post, licence, display or otherwise make available Contents containing viruses, passwords, files or programs created to interrupt, destroy or limit the use of software, computers, hardware or telecommunication systems
(vi) impair, disturb or otherwise disrupt the Services, the servers and/or the network connected to Services;
(vii) modify, adapt or hack the Website or modify another website to falsely imply that it is associated with the Website;
(viii) use the Services to intrude into third party’s computer system or to carry any activity that may damage, control, interfere any third party’s computer system and violate its integrity or security;
(ix) create, upload, post, licence, display or otherwise make available Content or otherwise make declarations detrimental to 3DSlash’s image, reputation and goodwill;
(x) collect or store personal data relating to persons accessing the Services unless this is done in full compliance with the provisions of French Data Protection Law n°78-17 of 6 January 1978 or any similar law under any jurisdiction.
9.1.2. In particular User shall not via the Contents make the apology of crimes against humanity, promote or encourage racial hatred, child pornography, violence, torture, xenophobia, revisionism, harm to human dignity, harassment, illegal gambling activities, or libel or insult third part, and more generally infringe third party rights or to be prejudicial to a third party, in any way and under any form.
9.1.3. User undertakes to inform 3DSlash promptly about any complaint, claim or legal action related to the Contents uploaded using the Services.
9.1.4. If User notices such illegal behaviours on the Website, User shall report them immediately to 3DSlash, within the conditions and forms of Article 14.
9.2. Non-commercial use of Services and no resale of Services
9.2.1. The use and access of whole or part of the Service, and notably creation of Contents, is for the User personal and non-commercial use only and in no way for commercial use. User is not entitled to charge any fee or payment, in any form, from any third party for the use of the Service and/or in connection therewith.
9.2.2. Users shall not reproduce, duplicate, copy, sell, resell, exchange or exploit for any commercial purposes any portion of the Service, use of the Service, results obtained through the Services, Contents or access to the Service, to gain any type of remuneration, profit or advantage.
9.2.3. Notwithstanding the above, School/Professional Users may make a commercial use of the Service and of their own Contents created through their relevant account or sub-account for commercial purposes, provided such Contents are not subject to Creative Common License “BY – NC – SA”, as provided in Article 13.2 below. School/Professional Users may also make any use of their own Contents created through their relevant account or sub-account for educational and training purposes.
10. User’s Non Infringement Warranty
User agrees to indemnify and hold 3DSlash and its officers, agents, employees, and partners harmless from any claim or demand made by any third party due to or arising out of User's Contents resulting from a User’s negligence, breach of his or her obligation or fault, including but not limited to breach of intellectual property rights or image rights.
To that end, User agrees to indemnify them in full, including for attorneys' fees and any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, fines, litigation costs of every kind and nature. User also agrees to take part in discussions with plaintiffs and to bear the cost of all and any indemnities due by virtue of an amicable settlement.
12. 3DSlash Intellectual Property rights
12.1. User acknowledges and agrees that the Services, Software, Website, and structures, infrastructures, source codes, databases, know-how, methodologies, technologies, equipment, logo, graphics, user interfaces, visual interfaces, photographs, trademarks or any type of content used by 3DSlash to provide the Services, including without limitation all patent, copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of 3DSlash.
13.1. Unregistered Users, Registered Users and Premium Users
13.1.1. Ownership of Content- License
By using the Services, including, but not limited to, by creating, uploading, emailing, posting, publishing or otherwise transmitting Content or submitting any Content to 3DSlash, Unregistered Users and Registered Users acknowledge that such Content is non-confidential and automatically agree that such Contents shall be subject to Creative Common License “BY – NC – SA.
By emailing, posting, publishing or otherwise transmitting or sharing Content, Premium Users acknowledge that such Content is non-confidential and automatically agree that such Contents shall be subject to Creative Common License “BY – NC – SA.
This means that, within the conditions of the Creative Common License:
· Contents may be copied and redistributed in any medium or format, and adapted;
· Contents may not be used for commercial purpose;
· Original creator must be credited ;
· Distribution of adapted Contents shall be under the same license as the original Content.
Such Creative Common License is available at http://creativecommons.org/licenses/by-nc-sa/4.0/legalcode .
The User represents and warrants that the User has all rights necessary to grant the licenses on the Contents, including but not limited to intellectual property rights or image rights.
220.127.116.11. Contents that are created with the Services may be made accessible on a free basis by 3DSlash to other Users on the Website, through an online community where any User can modify, edit, view, upload and share such Contents.
18.104.22.168. .When using the Software offline, User agrees that any Content created and/or stored offline through the application will be synchronized with the User account on-line, each time the application is connected to 3DSlash servers through User’s online account.
22.214.171.124. All Contents created online with the Services and Contents synchronized with the User account on-line are hosted on a free basis on 3DSlash’s servers.
13.1.3. Confidential Content
Where Premium User chooses to keep Contents confidential, Articles 13.1.1 and 126.96.36.199 do not apply to such Contents except if such Contents are posted on the Website or publicly shared on other websites.
13.2. School/Professional Users
Any Content created by School/Professional User will be by default the sole property of the relevant School/Professional User, subject that such User holds all rights on such Content.
Any School/Professional User may select an option to submit his or her Contents, on a case-by-case basis, to Creative Common License “BY – NC – SA”. In such case, provisions of Article 13.1. related to Unregistered Users and Registered Users shall apply to such Contents.
14.1. 3DSlash is a hosting service provider, pursuant to the law n°2001-575 dated 21 June 2004 for Trust in the Digital Economy (hereinafter “LCEN”). As such, 3DSlash is under no general obligation to monitor the Contents and has no knowledge of the Contents.
14.2. In compliance with article 6-I-7 of the LCEN, 3DSlash provides internet users with a visible and easily accessible mean to report any Content which makes the apology of crimes against humanity, incitement to the commission of acts of terrorism and their apology , incitement to racial hatred, hatred of people because of their gender, their sexual orientation or gender identity or disability, child pornography, incitement to violence, including incitement to violence against women and attacks on human dignity.
Such Contents may be reported by writing to the following email address: contact@3Dslash.net, and by indicating the date, your identity, the URL address of the reported content, its description and identification of its author.
User is informed that 3DSlash shall then promptly inform any relevant public authorities of such illicit activities and Contents reported to 3DSlash.
14.3. In compliance with articles 6-I-3 and 6-I-5 of the LCEN, 3DSlash is under legal obligation to remove contents that are obviously illicit, or to make access to such content impossible, as soon as 3DSlash gains effective knowledge of such Content.
Such notification must be made by writing to the following email address: contact@3Dslash.net and contain the following elements:
- date of the notification;
- identity of the person making the notification;
- if the person making the notification is a natural person: his/her last name, first name, occupation, personal address, nationality, date and place of birth;
- if the person making the notification is a corporate entity: its legal form, corporate name, registered office and body with authority to represent it;
- description of the litigious facts, and their precise location (example: URL address of the content);
- motives justifying the deletion of the content, including reference to the applicable legal provisions;
- copy of the correspondence sent to the author or the publisher of the litigious information or activity and requesting their modification, or evidence that the author or publisher cannot be reached.
Contents abusively notified as being illicit with the aim of obtaining their deletion may make the author of the notification liable to civil and/or criminal sanctions.
14.4. User is informed that 3DSlash may be compelled to disclose all Contents or information in his or her possession concerning User pursuant to (a) applicable laws and (b) summons made by judicial authorities requiring communication of personal data within the framework of an investigation
15. Technical rules
15.1. In order to ensure a smooth functioning of the Services, some technical constraints must be observed.
15.2. In consequence, User must comply with the technical indications given by 3DSlash which may evolve depending on the technical adjustments and/or the necessity of operating the Services, in particular the storage of the Contents.
15.3. More generally, 3DSlash shall, at any time, be entitled to delete all or part of the Contents if their technical characteristics create technical difficulties implying disturbance to the general operation of the Services.
15.4. 3DSlash may provide automatic updates to the Software. Updates will apply to downloaded Software when User connects to his or her online account. 3DSlash does not warrant that it will maintain Software or any of the Services provided to User.
15.5. User is solely responsible to create backup copies of his or her Contents, and the User undertakes to create such backup copies.
For Registered, Premium User and School/Professional User, 3DSlash will send an email to User at least one (1) month before entry into force of such modifications, requesting User to read and accept the new version of Term of Use and/or Services.
If User does not agree with modification(s) that impact his or her subscription, User may terminate his or her subscription to the Services via an email request to the address contact@3Dslash.net, at least 7 (seven) days before entry into force of modification. Such termination will take effect no later than the date modifications enter into force.
Where the User has subscribed to a paid subscription, User will be entitled to reimbursement of the price paid pro rata temporis.
16.2. 3DSlash may modify the Services to take into account technical evolution. If relevant, User may inform 3DSlash of the aspects of the Services which are essential to him and may terminate his use of the Services if such aspects are modified.
17. Limitation of liability
17.1. To the fullest extend permissible by applicable law, 3DSlash has only an obligation to use all reasonable means to provide the Services.
17.2. 3DSlash shall not be liable for indirect damages of whatever nature whatsoever which may be caused to User due to the use or the impossibility to use the Services, including, but not limited to, financial losses or missed savings, or harm to the Contents in case of a virus.
17.3. 3DSlash shall not be liable where its servers are unavailable due to a force majeure event, disruptions to the telecommunications network or in case of a technical intervention on 3DSlash’s data centre, notably for maintenance of the Services.
17.4. In addition, 3DSlash shall not be liable :
- for the infringement of any right whatsoever, pertaining to Content;
- in case of a litigation and/or of any controversy between Users of the Services;
- for the loss of Contents, as Users must save a copy of such Contents.
17.5. 3DSlash provides the Services on an “as is” basis with no express or implicit guarantee of any sort. 3DSlash does not guarantee, represent or warrant (i) that the Services will be totally free of errors, defects and faults and uninterrupted, and (ii) that the Services will specifically meet User needs and expectations.
17.6. 3DSlash shall not be liable for the quality, security, safety and reliability of outcomes, prints, parts, products, services, information, or any results whatsoever resulting from any using or any printing of the Contents.
User may contact 3DSlash in case of any claim regarding the Services by sending an email containing his or her claims to the following email address: […]. 3DSlash will try to respond within a reasonable time frame.
20. Links to third party website
20.1. The Website may contain a number of links to third-party websites, including, but not limited to, 3D printing websites services or social networks.
20.2. 3DSlash shall not be liable with regard to any third-party website or service to which the User may have gained access via the Website. Especially 3DSlash is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites.
20.3. 3DSlash makes no representation, warranty or endorsement whatsoever about any other website which User may access through this Site.
21.1. Personal data communicated by User to 3DSlash are collected in compliance with the provisions of the French Data Protection law n°78-17 of 6 January 1978, to allow access to the Services. Failure to provide data identified as mandatory shall deprive User from the right to access as Registered User, Premium User or School/Professional User.
21.2. User has a right of access to and rectification of all of User personal data, and a right to oppose, for legitimate reasons, to the processing of his or her personal data.
If User wishes to exercise such rights, User has to write to contact@3Dslash.net.
21.3. Personal data collected by 3DSlash will not be disclosed to third parties without User prior consent, except when required by legal or administrative authorities. However, 3DSlash may compile usage statistics and share such statistics with its partners.
Termination shall take effect as of the date on which 3DSlash sends a notice to the User in application of this Article 22.1.
Premium User and School/Professional User will not be entitled to any reimbursement of the price paid, including pro rata temporis.
23. Force majeure
24. Effects of Termination
Termination of the Services includes (i) termination of the access to and use of the Services, (ii) deletion of Registered User, Premium User, School/Professional User account or sub-account, password and all related information association with User account or sub-account, (iii) removal of access to Contents stored online with the Website by Registered User, Premium User and School/Professional User and (iv) termination to the right to use the Software, whether online or offline.
Termination shall not deprive 3DSlash of any right to use Contents, notably to make Contents available to other Users on the Website and to use in its tutorial, and demos, except for Contents being the sole property of the relevant School/Professional User pursuant to Article 13.2.
26. Applicable law and jurisdiction
26.3. Pursuant to Article L. 211-3 of French Consumer Code, User is informed that User may have recourse to conventional mediation, or alternative dispute resolution pursuant to the French Consumer Code, in case of dispute.