By using the Services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any 3D file (“3D Model”) uploaded to the Merg3d Website does not violate any federal law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms and Conditions, you should not use the Website, Applications, or Services.
1. Merg3d Services
The Merg3d Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website.
If you want to turn your 3D Model into reality, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you (i.e., print it with 3D printing technology) in our materials and ship it to you. You can also order models designed by other Artisans: Merg3d allows you to browse the Website for models and to place an order for the manufacturing of an available model.
Further, Merg3d offers other services and community features through the Website including comment box, tutorials etc. where you can get in touch with other users or share your experiences.
2. Account Terms
You represent and warrant that you are at least 18 years of age to use this Service. If you are under 18 years of age, you may use merg3d.com only with involvement of a parent or guardian. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To use some Services, you must register for an account on the Services (an “Account”). You must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and/or continued use of the Service, and you must keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your Service password and Account, and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. We will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason. You shall have the ability to delete your Account through a request made to one of our employees or affiliates.
(a) Placing an order. To order the 3D Model you designed or another 3D Model you found through our Services, you select the 3D Model. Then you can select the quantity of the 3D Model you. As the next step, we ask you to provide us with information we need for the delivery of the 3D Model. Finally you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third party payment provider website. Please be informed that the language to be used during the whole ordering process is English.
(b) Unacceptable orders, cancellation of orders by us. If a 3D Model is available through our Website, the default assumption is that it can be produced. There are, however, technical or other reasons why Merg3d may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, the unfeasibility of the model, an infringing feature of your 3D Model (see our Content Policy), or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
(c) Prices. The prices displayed on the Website are only indications and are valid only for the moment that they are displayed. Merg3d reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any monies paid related to that order will be refunded to you.
(d) Payment and price. The amount indicated on the ordering page includes the fee for the service (such as printing and packing the model), the price for the materials used to produce the 3D Model, and, if applicable, the markup charged by the artisan. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). Merg3d offers estimated currency conversions as a courtesy to users. These estimates are not guaranteed and may not reflect actual currency conversation rates. If you pay in a currency that is different from the denominated currency of your payment method (which is probably the case if your bank or credit card account is not denominated in Philippines Peso), your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to Merg3d.
You can initiate your payment for your order via 7connect, Dragonpay, or PayPal.com.
Merg3d will begin production after authorizing and holding all the payments.
(e) Acceptance. After accepting your order we will send you an order confirmation by e-mail to the address associated with your Merg3d Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending email to customer service.(g) Shipping Your order will be delivered to your shipping address. We will use our commercially reasonable efforts to ship the 3D Model to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from Merg3d to the shipment carrier (LBC, Air21).
(h) Cancellation of your order, return of 3D Models. Due to the personalized nature of our Services (i.e. the 3D Model is supplied by us based on your specifications), you cannot cancel your order after it goes into production. Additionally, we are not able to refund purchases of a "Gift Card" or a "Material Sample Kit Basic (w/free Gift card)" at any point. Orders that contain non-refundable items are still cancelable, however note that refund or cancellation will not apply to items in the order that are non-refundable.
For any issues involving platinum, gold, or silver, we may ask you to return the product to us in order to receive a refund or to have it manufactured again.You have 7 days to make a refund request after your order has been delivered1. You will receive a full refund along with any shipping fees applied and we will also take care of the return shipping costs1. We ask that you first reach our to our Customer Service team with a picture of your print and an explanation of the issue.
We do not provide refunds for products that have been used, altered, or damaged after you've received the shipment. Additionally, we are not able to refund purchases of a "Gift Card".
1. Refund is only valid for precious metal items.
(i) Content Policy violations.If we determine that your model violates our Content Policy prior to printing, we will refuse to print the model and issue a refund. If we determine that your model violates our Content Policy after it has been printed, we will not ship the model and may not issue you a full refund.
4. Warranty; Disclaimer.
Merg3d warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. You maintain sole legal responsibility for the design specifications and performance of the 3D Model that is the subject of this transaction. Merg3d does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D Model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 10 days after receipt of the 3D Model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 10 days we will assume the 3D Model meets your specifications and performance requirements.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation 3D Models) contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE NOTE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC MATERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE 3D MODELS MAKE THE 3D MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE 3D MODELS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE 3D MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the 3D Model.
5. Use of the Merg3d Website
Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Merg3d or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to Merg3d. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Merg3d is unlicensed by Merg3d. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of Merg3d. Merg3d shall not be responsible in any way for the content of such other websites. Merg3d provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Merg3d of the content of such websites.
Since the Merg3d Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We do not guarantee that any content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content (including without limitation any 3D Models or Artisan Models) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content (including without limitation any 3D Models or Artisan Models) from the Services.
We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.
6. User Generated Content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website, the Application or the Services by you, including but not limited to all uploaded 3D Models, pictures of 3D Models, comments on the Website, specifications provided in your order for a Artisan model (a “Artisan Model”), as well as the printed 3D Model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
Merg3d has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of Merg3d.
In order to keep Merg3d and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content Policy”
Except for your 3D Models, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website, the Applications or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website, the Applications, or the Services a non-exclusive license to access your User Generated Content through the Website, the Applications or the Services, and share your User Generated Content on blogs and social media, provided such sharing prominently links back to the model page on the Merg3d site and is not done on a site that competes directly or indirectly with Merg3d Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
7. Intellectual Property Rights of 3D Designs
You, as a designer, retain all your intellectual property rights in your 3D Models, including without limitation any and all derivative works like 3D renders. Except for the rights and licenses with respect to your 3D Models specified below, Merg3d shall not use, modify or display your 3D Models or derivatives thereof. By uploading your 3D Models to the Services, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
By uploading your 3D Model to the Services, you grant Merg3d a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order; (ii) if you offer your 3D Model for sale through Merg3d, to use your 3D Model for the manufacturing of your 3D model in order to fulfill orders of your 3D Model made through Merg3d (iii), for artisans, if you upload your model in your artisan panel, (a) to display such Artisan Model on the Merg3d Website and (b) to use and modify such Artisan Model for the manufacturing of your model in order to fulfill the order of any other user of the Services; (iv) to generate and display 3D renders of your 3D Model; and (v) to use the 3D Model as necessary for the operation and maintenance of Merg3d Services including without limitation for the internal testing and educational purposes of Merg3d and Merg3d manufacturing partners.
Its, or in our discretion the 3D Model does not comply with our Content Policy.
By removing your 3D Model from the Services, you terminate all licenses granted to Merg3d and its users to such 3D Model under these Terms and Conditions; providedthat Merg3d is entitled to use your 3D Model to fulfill orders of your 3D Model that were placed before the removal and may continue to use the model for internal testing and educational purposes. Note, specific terms in the Artisan section: As a customer of an Artisan Model, by providing specifications for an Artisan Model, you grant Merg3d a non-exclusive, royalty free, worldwide, transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.
Please note that any intellectual property right of a manual Artisan Model created by the Merg3d shop owner with the use of your specifications will vest in the shop owner who created such Artisan Model.
8. Consent to Use of Personal Data
By using our Services you agree that Merg3d may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the Merg3d Privacy Statement.
9. Third Party Services.
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
10. Payments and Billing.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your User Generated Content, 3D Models, Artisan Models, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
12. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING) , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEE RECEIVED FROM YOU BY MERG3D FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD.
These Terms and Conditions and the use of Services shall be governed by the laws of Philippines without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Philippines. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located in the Philippines.
(a) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
(b) Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
(d) Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
(e) No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
(f) Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
(g) Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback”). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending email.
16. Changes to These Terms
We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. MERG3D MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
The following are terms and conditions of a legal agreement between you and Merg3d and its affiliates (collectively, “Merg3d”, “we”, “us”, or “our”). These terms and conditions (collectively with Merg3d’s standard Terms and Conditions, Privacy Statement, and Content Policy, the “Shop Owner Conditions”) govern your use of your shop and artisan models on www.merg3d.com (the “Merg3d Website” or “Website”), any mobile applications, and the services, features, and content we offer (collectively “Merg3d Services” or “Services”). These Services include a hosted ecommerce service, which enables you to open an online shop on www.merg3d.com and promote and sell your own 3D designs. Any new features or tools which are added to the Services will also be subject to these Shop Owner Conditions.
By offering models to the public via the Services you acknowledge you have read, understood, and agree to be bound by these Shop Owner Services and to comply with all applicable laws and regulations. If you do not agree with these Shop Owner Conditions, you should not use the Website or Services. To the extent that there is a conflict between these Shop Owner Conditions and the standard Merg3d Terms and Conditions, Privacy Statement, and/or Content Policy, this agreement shall control.
Description of Service
The Merg3d Shop Service is a hosted ecommerce service, which enables you to open an online shop on www.merg3d.com and promote and sell your own 3D designs. In the Artisan panel you can upload your 3D models. For more information, please see merg3d User Guide. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We do not warrant that the use of the Services will be uninterrupted or error free and therefore disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service.
Modifications to the Service and Prices
We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. We reserve the right to charge for the Service. Prices for using the Service are subject to change. Notice of such change may be provided at any time by posting the changes to the Service on www.merg3d.com. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. If we terminate your account because you have breached these Terms of Service, you shall not be entitled to any refund or unpaid markup related to the breach.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use merg3d.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason, and to withhold any unpaid fees if such fees are related to a violation of these or any other merg3d policies.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to us to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of you hereunder.
You agree that you will use the Service in compliance with all applicable laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, promote, sell, transmit or otherwise distribute any design or other content that is abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or otherwise unlawful; or (ii) upload, promote, sell, transmit or otherwise distribute designs or other content that infringe upon another party's intellectual property rights or other proprietary or contractual rights or obligations. All uploads to the Service must comply with the Merg3d Content Policy.
Violation of any of the foregoing may result in immediate termination of these Terms of Service. We further expressly preserve the right to monitor your designs and other content and to remove, in our own discretion, any design or other content from your web shop, as well as the web shop itself.
Notwithstanding the above, we have no obligation to review your designs or other content and can in no way be held responsible for such content.
Orders Placed Via the Service
By uploading products in your shop, including your Artisan models, you allow us and grant us the right to sell these products to any customer.
By uploading your 3D model as a Artisan model, you also commit to make modified/personalized versions of your uploaded model based on the order of a customer and/or allow the customer to make modified/personalized versions of your uploaded model. The resulting models will be subject to these Terms of Service and the Merg3d Content Policy.
You acknowledge that the sales contract for your products shall be between us and such customer. Therefore, any and all orders for the supply of your products placed via your shop shall be solely governed by our general terms and conditions. No additional terms included by you in your shop shall be binding upon customers or Merg3d.
Pricing your Designs
When you upload a model to Merg3d, we will provide you a standard price that includes our fees, except for transaction fees, for selling the 3D print of the design and fulfilling the order made via your shop. You determine the final price for the model displayed to customers by setting the markup for each model via the Artisan panel upload page. When you sell an item, we keep the standard price and we send you the markup. An additional 3.5% transaction fee (the “Markup Fee”) will be charged on all earned markups and reflected in your final payment slip. For example, if you earned 3000 pesos (withholding tax deducted) at the end of cut-off period (every 25th of the month), we will deduct 105 pesos (3.5% of 3000 pesos), so your total earnings will be 2895 pesos. We charge this fee to cover our administrative costs and payment provider costs.
MERG3D USES GCASH, SMARTMONEY, AND CEBUANA PERA PADALA TO TRANSFER MARKUP PAYMENTS TO SHOP OWNERS. PLEASE PROVIDE A COMPLETE PERSONAL DETAIL INCLUDING WORKING MOBILE NUMBER AND VERIFIED EMAIL ADDRESS, WE WILL USE THESE INFORMATIONS TO TRANSFER MARKUP PAYMENTS. BY AGREEING TO THESE TERMS YOU AGREE TO FORFEIT ANY MARKUP EARNED BUT NOT PAYABLE DUE TO AN INELIGABLE PERSONAL AND CONTACT INFORMATION.
We will pay your accrued shop markups, less the Markup fee and withholding tax, to the valid personal and contact information you provide to us via your profile account settings, on the 25th of each calendar month if there is a minim accrued balance of P1500. This payment will include all markups earned up until 11:59PM on the 24th of that month. Please be aware that if you earn less than P1500, before the Markup Fee and before withholding tax then the amount will not be paid, but will accrue to your account until such time as it becomes equal to or greater than P1500. If you or we terminate your account and / or close your shop, and you have less than P1500 in accrued but unpaid markups, we will send you your final payment on the next 25th day of a month.
If we pay you a markup for a model that is later returned or refunded for a reason that Merg3d determines is the result of your action or design, Merg3d will deduct the value of that markup from future payments. If future payments are unavailable for such action, Merg3d may require you to return the value of the markup for the returned or refunded model.
If we pay you a markup for a model that is later determined to be in violation of the Merg3d content policy, Merg3d will deduct the value of that markup from future payments. If future payments are unavailable for such action, Merg3d may require you to return the value of the markup.
If we determine that we have erroneously paid you a markup for any reason, Merg3d will deduct the value of that markup from future payments. If future payments are unavailable for such action, Merg3d may require you to return the value of the erroneous payment.
If we are unable to provide you with payment because you provided us with incorrect contact information, we will attempt to contact you to obtain correct or valid contact information. If we are unable to obtain corrected information within 90 days of our first attempt to remit payment, you forfeit all rights to that payment and any future payments generated until you provide us with correct information.
As per the issued Revenue Memorandum Circular number 55-2013 of Bureau of Internal Revenue, a 10% withholding tax will be deducted to your total Markups. All deductions will reflect to your payment slips issued every 25th of the month.
We will own any and all personal data processed via the Service, which data processing will be subject to our the Merg3d privacy statement. We are under no obligation to share any customer data with you.
We acknowledge that the 3D source files of your designs must be considered as proprietary and confidential information. We will therefore hold your 3D source files confidential and not disclose your 3D source files to any third party unless (i) that third party has been engaged by us for the purpose of manufacturing 3D prints of your designs or evaluating technology for the 3D printing of your designs (in which case we shall enter into confidentiality undertakings with such third party in order to protect the confidentiality of your 3D source files); (ii) we are required to as part of a lawful request, at which point such disclosure will be handled in accordance with the Merg3d Privacy Statement; (iii) the disclosure is related to the purposes set out the “Access and Disclosure” section of the Merg3d Privacy Statement; or (iv) you grant us explicit permission to do so.
Your Intellectual Property Rights
In addition to the grants outlined in the Intellectual Property Rights of 3D Designs section of the Merg3d Terms and Conditions, you grant us the right to use images and prints of the 3D designs that you have uploaded for the marketing and promotion of our company and/or its services, e.g. in flyers, brochures, websites and mailings. By removing the relevant 3D design from your shop you terminate all the licenses granted to us under these Terms of Service except for (i) the license to use your 3D source files for the sole purpose of manufacturing 3D prints of your designs to fulfill orders of your design that were made before the removal of your 3D design; and (ii) the license to use images of your designs for marketing and promotional purposes for the period that we reasonably need to phase out any existing marketing and promotion materials.
Our Intellectual Property Rights
Copyright and all other proprietary rights in the Service (including but not limited to software, audio, video, text and photographs and excluding all your content) rests with Merg3d, Inc. and its affiliated companies or its licensors. All rights in the content not expressly granted herein are reserved. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service.
Product Warranty and Product Liability
In addition to the statements incorporated by reference in the Warranty; Disclaimer section of the Merg3d Terms and Conditions, the following terms apply to models uploaded to your shop. As the designer of a model uploaded to Merg3d, you acknowledge that the buyers of your products may be entitled to certain warranty rights under the legislation of the countries where they live. Notwithstanding the fact that the sales agreement for your products shall be between us and such buyers, you will be solely responsible for the fulfillment of such warranty rights.
Furthermore, you maintain sole legal responsibility for the design specifications and performance of any model uploaded to Merg3d.
Besides your responsibilities set forth above, you will be responsible for any quality claims related to your Artisan model. If we find, at our discretion, that an Artisan model, designed by you on the basis of a customer’s specifications or designed by a customer based on an automated process structured by you, does not meet certain quality level defined by us, or in case of a claim received from a consumer, we are entitled to require you, and you shall, redesign such Artisan model, so that it meet our quality requirements and it meet the specifications of the relevant customer.
In case we decide to cancel the customer's order due to a quality claim or for any other reason, we will not pay you the markup for such an Artisan model.
Disclaimer / Limitation of Liability
These Terms of Service set out the full extent of our obligations and liabilities in respect of the Service. SAVE AS SET OUT IN THIS AGREEMENT AND IN THE MERG3D TERMS AND CONDITIONS, THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US REGARDING THE SUPPLY OF SERVICE EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. ANY WARRANTY, CONDITION OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS OF SERVICE BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE YOU ARE LOCATED (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) ARE HEREBY EXPRESSLY EXCLUDED.
Nothing in these Terms of Service shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
WE WILL NOT BE LIABLE UNDER THESE TERMS OF SERVICE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY US FOR THE USE OF THE SERVICES.
Cancellation and Termination
You may cancel your use of the Service and/or terminate these Terms of Service with or without cause at any time by providing notice to us. We may at any time and for any reason terminate the Service, terminate these Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
These Terms of Service shall be governed by the laws of Philippines without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than the Philippines. Any and all disputes arising from these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Service, shall be brought in the federal and courts located in the Philippines. The United Nations Convention on the International Sale of Goods shall not apply to the Merg3d Services or Website or relating to the models ordered and delivered.
Changes to These Terms
We reserve the right to change these Terms of Service from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms of Service in effect at the time of the transaction.