End-User License Agreement (EULA) for 3DTOYZONE
This End-User License Agreement ("Agreement") is a legal agreement between you (referred to as "User") and 3DTOYZONE ("Company") regarding the use of 3D print models ("Models") available on the websites:
- https://3dtoyzone.com
- https://ko-fi.com/3dtoyzone
- https://www.myminifactory.com/users/3dtoyzone
- https://www.printables.com/@3dtoyzone_2813629
- https://makerworld.com/en/@3dtoyzone
- https://cults3d.com/en/users/3dtoyzone
- https://www.patreon.com/3dtoyzone
By accessing, downloading, or using the Models, you agree to be bound by the terms and conditions of this Agreement.
1. Grant of License
1.1 Personal - Non-Commercial Use
1.1.1 The User is granted a non-exclusive, non-transferable, non-renewable, limited license to use the Models for personal, non-commercial use subject to the following conditions:
- a) The User may make 3D prints of the Models for personal use on their own 3D printer, without any limitations on the number of prints.
- b) The User may make 3D prints for personal use through third-party 3D print services, provided that the Models or 3D prints of the Models are not made available to other users of the third-party print service. If 3D prints of the Models are made available to other users, it is considered commercial use, and the terms and conditions for commercial use apply.
- c) The User may modify the Models or derive new models based on the Models for personal use only. The User does not have permission to distribute models derived from the Models without prior written approval from 3DTOYZONE.
- d) The User may not distribute the Models in any form, including but not limited to download links, emails, or social media. The User can distribute links to the download pages of the Models on the 3DTOYZONE websites.
1.2 Commercial Use
1.2.1 In order for Commercial Use to apply User must complete the following steps:
- 1) Make a monthly donation of at least €5 through 3DTOYZONE's ko-fi page, available on the website: https://ko-fi.com/3dtoyzone
- 2) Send an email to hello@3dtoyzone.com with the subject 'Commercial Use' and the following information: Email address registered for donation, Name of store or user, URL's of online store (if applicable), Address of physical store (if applicable).
- 3) The User will receive a confirmation email within 7 days, after manual human review.
1.2.2 Commercial Use is valid after the User completes the steps of the previous point and as long as the donation described in that point is maintained.
1.2.3 If the User cancels the donation at any time, or reduce the amount of the donation to below €5 per month, the Commercial Use will still be valid for 30 days after the last valid donation.
1.2.4 The User agrees that the granting of permission for Commercial Use is at the sole discretion of 3DTOYZONE.
1.2.5 Commercial Use activities of the User shall be limited to selling physical 3D prints of the Models. This license does not grant the User the right to engage in any activity based on the digital form of the Models, including but not limited to selling the digital files of the Models, licensing the Models, or distributing the Models in any other form than physical 3D prints. The same restrictions apply to any models derived or based on the Models.
1.2.6 The User acknowledges that 3DTOYZONE is entitled to modify or terminate the right to Commercial Use of the Models, or any other model, product, or work derived from, based on, or inspired by the Models, at its sole discretion and without prior warning to the User.
1.2.7 The User agrees that 3DTOYZONE shall not be liable for any consequences resulting from the modification or termination of the right to Commercial Use, including but not limited to damages for loss of profits, business interruption, business reputation, goodwill, or other intangible losses.
1.2.8 The User is not allowed, under any circumstances, to remove or alter the 3DTOYZONE brand name on the Models, or add another brand name, logo, or any other feature that creates the impression of a brand name or logo.
1.2.9 The User can sell their 3D printed copies of the Models for Commercial Use through their preferred means, such as their own online store or third-party platforms.
2. Disclaimer of Warranties and Limitation of Liability
2.1 Unless otherwise separately undertaken by 3DTOYZONE, the Models are provided "as-is" and "as-available," without any representations or warranties of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether known or discoverable.
2.2 In no event shall 3DTOYZONE be liable to the User on any legal theory, including negligence, for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Agreement or the use of the Models, even if 3DTOYZONE has been advised of the possibility of such losses, costs, expenses, or damages.
2.3 The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that most closely approximates an absolute disclaimer and waiver of all liability.
3. Other Terms and Conditions
3.1 3DTOYZONE shall not be bound by any additional or different terms or conditions communicated by the User unless expressly agreed.
3.2 Any arrangements, understandings, or agreements regarding the Models not stated in this Agreement are separate from and independent of the terms and conditions of this Agreement.
4. Interpretation
4.1 This Agreement does not reduce, limit, restrict, or impose conditions on any use of the Models that could lawfully be made without permission under this Agreement.
4.2 If any provision of this Agreement is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Agreement without affecting the enforceability of the remaining terms and conditions.
4.3 No term or condition of this Agreement will be waived, and no failure to comply will be consented to unless expressly agreed to by 3DTOYZONE.
4.4 Nothing in this Agreement constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to 3DTOYZONE or User, including from the legal processes of any jurisdiction or authority.
5. Termination
5.1 This license and the User's right to use the Models shall terminate automatically if the User fails to comply with the provisions of this Agreement. No notice shall be required from 3DTOYZONE to effectuate such termination.
5.2 Upon termination, the User shall be obligated to destroy all copies of the Models. The warranty disclaimer provisions, exclusion of liability and damages provisions of Section 3, and terms and conditions of Sections 4 and 5 shall survive any termination of this Agreement.
6. Change in Terms
6.1 3DTOYZONE reserves the right to modify the terms and conditions of this Agreement from time to time at its sole discretion and without notice. Changes to the terms and conditions become effective on the date they are posted, and the User's continued use of the Models after any changes signify the User's agreement to be bound by them.
7. Entire Agreement
7.1 By accessing, downloading, or using the Models, the User acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions.
7.2 This Agreement constitutes the complete and exclusive statement of the agreement between 3DTOYZONE and the User, supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement.