Terms and Conditions
The following are terms and conditions of a legal agreement between you and SuperheroDIY, LLC. and its affiliates (collectively, “SuperheroDIY”, “we”, “us” or “our”). These terms and conditions (collectively with SuperheroDIY’ Privacy Statement, Content Policy, or the “Terms and Conditions”) govern your use of www.superherodiy.com, (the “SuperheroDIY Website” or “Website”), any mobile applications (the “Applications”) and the services, features, and content we offer (together with the Website, “SuperheroDIY Services” or “Services”).
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”) provided to SuperheroDIY 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 or Services.
Products and Services
SuperheroDIY Services are made up of different products and services provided through the Website as well as other online marketplaces.
- Products include but are not limited to 3D Models created by SuperheroDIY and delivered in digital form, in .zip, .stl, or both file formats, and Products offered and sold through the Website, primarily 3D printed as well as other products. 3D Models and Products are hereinafter referred to as “Products”.
- Services. SuperheroDIY also provides Printing Services, which enable you to provide a 3D model to SuperheroDIY for 3D printing. If you want to turn your 3D Model into reality, you can place an order with us and we will manufacture it via our Printing Services offering for you at your direction. At a charge of a print time (hours taken to print the model) 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 third parties or SuperheroDIY. SuperheroDIY also provides Design Services, which enable you to provide a rendering, drawing, or specifications to SuperheroDIY for custom 3D modeling, to be turned into a 3D model to be used with Printing Services.Printing Services and Design Services are hereinafter referred to as “Services”.
- Purchasing Products. To place an order, you as the Buyer will create a purchase order in several steps, including especially the choice of the 3D Models or Products and their quantity, placing the selected 3D Models or Products in a shopping cart, filling in personal data and selecting the manner of payment and delivery. Alternatively when purchasing Printing or Design Services, you as the Buyer may accept and submit payment via an Invoice. When creating a purchase order, or accepting and submitting payment for an invoice, you will be informed of the available manner of delivery of the 3D Models or Products as well as of the relevant costs of delivery to the place of delivery chosen by you. The costs of delivery of the Products, including the packaging, are not included in the purchase price of the Products. In case SuperheroDIY provides the delivery of the Products or Services free of charge, this fact is expressly stated. Before submitting the purchase order, the summary of the purchase order is always displayed to the Buyer, in which the Buyer is enabled to check the purchase order and make changes before submitting. Any and all information on the prices of the Products made available through the Website or via invoice represents the final prices including all taxes and fees that SuperheroDIY is obliged to pay; these prices do not include the costs of delivery of the Products and other fees, such as customs duties and other levies. The purchase price may be paid in US dollars. After the Buyer submits the purchase order or paid invoice, it will be processed by SuperheroDIY who will subsequently send its confirmation to the Buyer. The purchase contract for the 3D Models, Products, or Services is made upon delivery of the confirmation of the purchase order or paid invoice sent by SuperheroDIY to the Buyer’s e-mail address. Thus, the purchase order or paid invoice submitted to SuperheroDIY represents the Buyer’s proposal to execute a purchase contract on the basis of these Terms and Conditions. The confirmation of the purchase order or paid invoice represents acceptance of the proposal by SuperheroDIY. If a purchase order includes Products that are not in stock for immediate dispatch to the Buyer, SuperheroDIY will deliver the Products without undue delay when they are back in stock or will cancel the order and issue a refund, at the discretion of SuperheroDIY. SuperheroDIY will indicate an illustrative, non-binding delivery date directly upon confirmation of the purchase order via shipping notification email. By submitting an order, the Buyer expresses his/her/its consent to these Terms and Conditions, which are also always available from the Website.On the basis of the executed purchase contract, SuperheroDIY is obliged to deliver the 3D Models, Products, or Services to the Buyer in the agreed manner in the corresponding quantity and quality. The Buyer is obliged to pay to SuperheroDIY the purchase price of the 3D Models, Products, or Services and the costs of their delivery, as well as to take over the delivered 3D Models, Products, or Services.The purchase contract, including the Terms and Conditions, shall be archived in electronic form and shall not be accessible. SuperheroDIY is not bound by any special codes of conduct in relation to the Buyer.
- Printing and Design Services. To order Services, you provide the 3D Model (.stl file), URL to the model, or specifications to SuperheroDIY for review and pricing. SuperheroDIY will provide a quote or invoice with pricing information. If pricing is agreed to, as the next step, we ask you to provide us with payment along with information we need for the delivery of the printed 3D Model in accordance with the terms listed in the Purchasing Products section above.
- 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 SuperheroDIY 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 infeasibility of the model, an infringing feature of your 3D Model, 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). SuperheroDIY reserves the right to reject the order and refund the buyer.
- Payment and price. The amount indicated on the quoted estimate or invoice 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, any other fees for work to be done by SuperheroDIY. The price quoted also includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). 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 U.S. Dollars or Euros), 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 SuperheroDIY.
For orders paid for via credit card or PayPal, SuperheroDIY will begin production after authorizing and holding payment.
- Acceptance After accepting your order we will send you an order confirmation by e-mail to the address associated with your order or invoice. 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 an email.
- Order Tracking Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc.
- 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 SuperheroDIY to the shipment carrier.
- Cancellation of your order, return of 3D Models. Due to the personalized nature of our Services (i.e. the 3D Print is manufactured by us based on your specifications and we print it for you on demand), you cannot cancel your order once it is placed. Orders are fulfilled using the model file provided to SuperheroDIY at the time of purchase. 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.
- 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.
SuperheroDIY 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. If you provide the 3D Model to SuperheroDIY, you maintain sole legal responsibility for the design specifications and performance of the 3D Model. SuperheroDIY 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 claims 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 reserve the right to condition any replacement or refund on the return of the 3D Model. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. A model will be ineligible for replacement or refund if the model has been altered or post-processed in any way by you. 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 3D MODELS MANUFACTURED BY SUPERHERODIY, AS WELL AS 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.
ADDITIONALLY, FOR ORDERS PLACED, PLEASE CONTACT THE PROVIDER OF THE 3D MODEL REGARDING ANY ADDITIONAL WARRANTY AND/OR DISCLAIMER INFORMATION REGARDING THEIR MODELS.
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.
Consent to Use of Personal Data
By using our Services you agree that SuperheroDIY may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the SuperheroDIY Privacy Statement.
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, vendors, 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, CoCreator 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. This indemnity also includes shop owners who make available models that can be customized by you in the event that a claim is brought against that shop owner for modifications to the model initiated by you.
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 SuperheroDIY FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) $250.00.
These Terms and Conditions and the use of Services shall be governed by the laws of Colorado, USA without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Colorado, USA. 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 Broomfield, Colorado, USA.
- 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.
- 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.
- 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.
- 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 info@SuperheroDIY.com.
- 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.
- Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
- 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 an email.
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. SUPERHERODIY MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.