I. INTRODUCTION

Welcome to FacFox! We are thrilled to have you here. Please read these Terms and Conditions carefully before accessing the Site, it is a binding agreement that you accept when you are browsing or registering to use FacFox.

The terms and conditions are legal obligations between you and FacFox, Inc. and its affiliates (collectively, ‘”FacFox”, “we”, “us” or “our”). This agreement (together with FacFox’s Privacy Statement, the “Terms and Conditions”) regulates your rights and responsibilities when you use the services provided by facfox.com, (the “FacFox Site” or “Site”) and any FacFox mobile applications (the “Applications”).

By using our Services, you agree to and are bound by these Terms and Conditions, and are subject to all applicable laws and regulations.

You also confirm that any 3D file (“3D Model”) uploaded to the FacFox Site does not infringe on any federal law or regulation, including but not limited to those referring to firearms or firearms similarities.

FacFox reserves the right to make changes to the Site, the Services and the Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on the Site or through some other reasonable method. FacFox will take reasonable efforts to post notices regarding any changes to these Terms and Conditions.

Please check the Terms and Conditions published on this Site regularly to ensure that you are aware of all the terms governing the Site and the Services. Also, you are responsible for maintaining applicable standards maintained by ASTM, ANSI, ASME, or other comparable standards organizations. If you do not agree to all of the terms and conditions described above, do not access or use this Site.

II. DEFINITIONS

Site: the Site offered by FacFox at facfox.com refers to the FacFox Site, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by FacFox to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

FacFox: includes FacFox, Inc. and all licensed affiliates and partners.

Visitor: registered or unregistered User who is browsing the Site.

User: an individual or legal entity making the use of the Services that are offered through the Site.

Account: user’s registration record on Site.

3D Model: digital file supplied by an author that is used for the manufacture of a Product

Product: 3D model turned into a physical object by manufacturer

Author: The User who supplies 3D Models for FacFox.

Manufacturer: The User who operates manufacturing machinery and offers their services through the Site.

Order: An Order refers to the manufacturing of products according to specifications and schedule, where specifications include 3D models, CAD files, technical specifications, technology specifications, documentation, requirements such as selected materials to be used to manufacture products and the quantity of products in the order, and where schedule includes the payment plan, production plan and supply plan.

Additional Service: An offer to the customer by the manufacturer for the performance of an additional paid service that was not required in the original order

Customer: is a person who uses the Site to Order a 3D Model or Product.

Product Page: is the product page or interface that displays the 3D Model Assets available for Order, typically on the Site facfox.com.

Delivery Service: third party services used for delivery of the Product from the Manufacturer to the Customer.

User Content: 3D Models, images, videos, text, or any other content that the User submits to the Site.

Author Fee: the total fee due to the Author for use of the 3D Model in a particular Order.

Manufacturing Fee: the total fee due to the Manufacturer for their services, including the start-up and material costs, offered and indicated by the Manufacturer as indicated on the Site.

Service Fee: the fee due to FacFox in consideration for the Services provided by FacFox and any applicable taxes.

Delivery Fee: the fee due to FacFox or third party for delivery of the Product from the Manufacturer to the Customer.

Services: The services offered by FacFox through the Site as set forth in the clause “Service” in section 3 below of these Terms and Conditions.

Intellectual Property: means copyright, patent, trademark, trade secret, right of publicity, or any other proprietary right throughout the world.

III. FacFox SERVICES

FacFox allows Manufacturers to accept and execute orders through the Site. The FacFox Services combine different manufacturing necessities provided through the Site.

FacFox is a platform that facilitates the manufacture of products with specifications, 3D models, and schedules. Users can choose from a wide range of 3D Models that have been uploaded by a designer or upload their own 3D models to have it produced by a manufacturer.

Additionally, the user can request to have a 3D model made by a designer.  FacFox also offers support for designers and manufacturers if they have problems with the manufacture of 3D Models. There is a community support system and forums for FacFox members for questions and sharing their experiences.

In addition, manufacturers have access to educational material to help with the manufacturing process.

IV. TERMS OF SERVICES

In order to use the Services, you certify that you are of lawful age to make a legal agreement. If you are under the lawful age, you may use Services of facfox.com solely with parental or guardian acknowledgment.

In order to use and access the Services you are responsible for providing, maintaining and updating your full legal name, current address, phone number, a valid email address, and any other required information to complete the registration.  In our sole discretion, we may deny the use of the Services to any person or entity for an Account.

You are responsible for secure storing of your password. FacFox cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You authorize FacFox to communicate with you via an email address provided during registration.

To cancel your FacFox account, you can do one of two things. You can send us a message through the website to our support service, or you can email us through your account.

The Services must not be used for any illegal or unauthorized purposes that could violate any laws and regulations.

A failure to comply or violation of any term in the Terms of Service as determined in the sole discretion of FacFox will result in an immediate termination of your Services.

We reserve the right to refuse the Services to, or terminate the Services, of anyone at any time without notice for any reason.

The Services offered by FacFox through its Site consist solely of providing an online platform that facilitates Manufacturers to offer Products of the Author’s 3D Models to Users with the possibility of using Delivery Services, including the payment transaction between Users, Authors, Manufacturers and Delivery Service Providers.

The Services enable Authors to upload the 3D Model and other Content to our Site and specify the Author’s fee. The Services enable the Manufacturer to list their services and specify a Manufacturing Fee for the services on the Site. This allows the User to place the Order with the Manufacturer to turn the uploaded 3D Model into the Product. Once the Order has been processed, the User will select the delivery method. The Manufacturer will hold the Product on behalf of the User until the Product is shipped. Also, the User will be able to pick up the Product if desired.

FacFox is not a party to any agreements entered into between Manufacturers, Authors and Users, nor is FacFox a manufacturer or a provider of any manufacturing services or financial services.

FacFox has no obligation to control the conduct of Manufacturers, Authors and Users, the Content uploaded to the Site by Users and the Product and services provided by the Manufacturer. FacFox disclaims all liability in this regard.

FacFox provides protection for all purchases, and thus reserves the rights to terminate the Order and return money back to the Customer fully or partially by its sole decision using the procedure described in “purchase protection and return policy” clause in section XII.

 V. USER

The Services offered by FacFox are available only to individuals who are 18 years or older, who can form legally binding contracts under applicable law and who have registered as the User on the Site by creating the Account.

The User or any Visitor to the Site represents and warrants that all information submitted to the Site is accurate, truthful, lawful and does not infringe any rights of third parties. The User or any Visitor of the Site warrants that it will not use the Services to:

• contact another user of FacFox for the purpose of soliciting your services outside of FacFox
• send any unsolicited mass mailings (“Spam”);
• launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for sending more communication than a natural person could reasonably produce or to create Users accounts (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Sites or Services for the sole purpose of, and solely to, the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
• collect or store personal information from other Users other than the information collected during the normal course of using the Service;
• threaten or harass any person or entity;
• gain or attempt to gain unauthorized access to any computer system, server, network or hardware of FacFox, other Users or any other third party;
• in any way that could overload, damage, disable, disrupt or harm the Service or interfere with any other User’s use of the Service; upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
• adapt, modify or reverse engineer any of the systems or protocols of FacFox;
• adapt, modify or reverse engineer other User’s 3D Model and any of its derivatives in any form or format; or
• reformat, resell, or redistribute the Service in any way without the explicit consent of FacFox in writing.

To use some Services, you must register for an account on the Site (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:

• select or use, as a username, a name of another person with the intent to impersonate that person;
• use, as a username, a name subject to any rights of another person without appropriate authorization; or
• 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.

You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

In the event, FacFox determines the User has breached these Terms and Conditions, FacFox may, at its sole discretion, without any compensation deny the User or entity any further access to the Site, and/or any of its Services, and/or change the eligibility criteria at any time without notice.

Any attempt by the User to damage the Site or to undermine the legitimate operations of the Services may be a violation of criminal and civil laws, and should any such attempt be made, FacFox reserves the right to seek damages from any such User to the fullest extent permitted by law.

VI. PUBLISHED USER-GENERATED CONTENT

The term “Published User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Site by you, including but not limited to all specifications, schedules, uploaded 3D designs, 3D Models, CAD files, pictures of any objects, pictures of any model, comments and reviews on the Site.

All User-Generated Content should not be or contain weapon or weapon similarities, 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.

Legal explanation of our policy to prohibit orders of weapon or weapon similarities can be found in this article.

Intellectual Property rights mean copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right. FacFox reserves the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate these Terms and Conditions, or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.

If FacFox determines that the User-Generated Contents violated the policy above, FacFox will take the following measures:

1. If the violation are detected before order confirmation: We will close and refund the order and send a warning note to you about the violation of our policy. And if you repeatedly violate the rules by uploading those contents in various forms (for example, to alter the shape of the contents or conceal it in other contents), we will permanently suspend your account and block you from registering new accounts.
2. If the violation has not been detected during the order confirmation, but was later detected during the security check in dispatching: We will close the order and destroy the items involved, the payment of the related items WILL NOT BE REFUNDED, furthermore, if there’s any fine incurred by the courier, we preserve the rights file a claim for compensation for violating our user terms.

FacFox 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 FacFox.

All User Generated Content including specifications, schedules, 3D Models, which are referenced below, by submitting User Generated Content through the Services or Site, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Sites and feeds).

You also hereby do and shall grant each User of the Site and/or the Services a non-exclusive license to access your User-Generated Content (except 3D Models, CAD files and specifications which is described below) through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content.  Every time you publish your 3D Models on the Site, FacFox Commercial License grants a limited use of copyrighted material by others which can be found in Appendix A.

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.

You also hereby do and shall grant each user of the Site, the Applications, or the Services a non-exclusive license to access your User-Generated Content through the Site, the Applications or the Services, and share your User Generated Content on blogs and social media.

FacFox is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content:

• that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, design rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
• that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons and weapon similarities, illegal materials or is otherwise objectionable;
• that is harmful to minors in any way;
• that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

Automatically Generated Content. FacFox reserves the right to collect data about Site Users in order to improve User experience. In particular, this includes (i) model images rendered in different colors and from different angles, (ii) the calculation of model weight and sizes for different manufacturing machinery and equipment.

VII. PRICE

The price quoted on the Site consists of the Manufacturing Fee, Author’s Fee, Delivery Fee, Service Fee, and additional taxes if applicable, and is shown in the currency selected by the Visitor. The FacFox Service Fee for order processing can be chargeable from Manufacturers who execute orders. In this case, FacFox reserves the right to adjust prices for manufacturing services from the Manufacturer to the Customer through the Site so that the Manufacturer, after netting with FacFox, receives the amounts requested.

All prices are indicated in corresponding currencies. If the User does not choose to pay in the shown currency, the currency conversion will be handled by our payment service provider.

Because every Fee is denominated at a currency specified by the Author, the Manufacturer, Delivery Service and FacFox, FacFox reserves the rights to set prices in the currency specified by the Visitor using the exchange-rate or cross-rate at FacFox’s sole discretion.

The price quoted on the Site includes shipping costs, Sales Tax or VAT (if applicable) but excludes import duty or taxes if applicable. However, duty, tax and brokerage fees may be levied upon importation, depending upon the destination country of your order. Shipping charges indicated by us are only for the carriage of your order and do not include these additional charges. You may contact the customs authority of the destination country of your order to learn more about the applicable duties and taxes. The amount of the import tax is determined by the classification of the traded product, and this is done based on a code which will be indicated on the shipment document, which is known as an ‘Intrastate Code’. Combined import duty and tax are typically 5-20% of the total order value. In some cases, an additional brokerage fee may be levied by the carrier.

FacFox reserves the right to change the prices of the products and services shown in the gallery published on the Site, as well as the prices indicated for personalized orders, at any time.

VIII. CHOICE OF PRODUCT

By ordering a Product, the User confirms that the Product is not subject to any licensing restrictions, certifications, or any other regulations or rules that prohibit its production or use. The User shall be exclusively liable for any breach for any licensing restrictions, certifications, or other regulation or rules that prohibit its production or use. FacFox disclaims any liability foregoing.

When selecting Products, the Visitor acts at his/her own risk. FacFox, the Author, and the Manufacturer are not responsible for the choice of the Customer, fitness for purpose or expectations, the applicability of the product for any purpose, or the use of products in any region.

In order to improve User experience, we are trying to show every 3D Model in different colors; however, the images of 3D Model from certain angles may be in one color. The color of the finished product may differ by several shades from the color shown in the render, depending on screen resolution and settings. We ask that manufacturers set the colors of their materials as accurately as possible. However, the perception of color can be subjective and may differ from person to person.

To protect the intellectual property rights of designers, FacFox does not display the actual 3D Model in the 3D viewer. Instead, a 3D render that replicates the appearance of the 3D Model is generated for the User to demonstrate what the 3D Model looks like.

IX. ORDER

The Site detects the IP Address of the Visitor to determine the geographic location of the Visitor. This information is used to suggest Manufacturers that are close, or within proximity, to the Visitor’s physical location. The Visitor may easily change his/her location by specifying the name of the city where he/she is located.

An integral part of the order is “specification, including 3D models, CAD files, technical and technology specifications, documentation and requirements”, in terms above, if applicable.

The manufacturer is obliged to examine all attached documentation provided by the customer before confirming the order (or before submitting his own commercial proposal – accepted by the customer upon payment). Agreeing to the execution of the order, the manufacturer should take into account in his proposal and execute in production all the requirements laid down in the production documentation and other requirements attached by customer.

The list and content of production documentation, including 3D models, CAD files, specifications and accompanying documentation, is fixed at the time of payment (advance payment) of the order with the consent of all parties (the customer and the manufacturer).

Pick-up delivery is considered to be chosen unless otherwise specified by the delivery method.

In case pick-up delivery is chosen, the manufacturer provides the necessary packaging of the product in accordance with the attached documentation – or, in its absence, at their sole discretion.

In case pick-up delivery is chosen, unless otherwise agreed, the manufacturer prepares documents only for domestic transportation (when transportation of such goods required documentation).

After completion of production and before delivery or before allowing customer to pick up his order, the Manufacturer is obliged to perform internal acceptance of the Product according to the order documentation and the FacFox Quality Policy (refer Appendix A and Appendix B), and notify FacFox by sending the relevant materials (photo and/or video and/or acceptance and measurement records).

While browsing the Site, the Visitor may choose the 3D Model or KIT (a set of separate parts to be assembled). The 3D Model will be shown on the image in a material and color chosen by the Visitor. The Site will then try to find a manufacturer that can manufacture the 3D Model in that material and color.

The Site shows the cost to manufacture the chosen 3D Model and the list of available manufacturers that are nearby. This price will include the Author’s fee as well. The Visitor may select a manufacturer and proceed to checkout.

During the checkout process, the Site allows the Visitor to select a delivery method, including all the necessary information; at the final stage, the Site shows the total cost including all Fees and applicable Taxes.

The Visitor agrees to the Terms and Conditions, and pays for the Order using the chosen method.

FacFox sends the Order for execution to the Manufacturer that the Visitor has selected, identifying the material, color, and the cost of printing based on our calculation. If the order does not explicitly stipulate otherwise, for some 3D printing technologies, when a solid model is printed instead of full internal filling, the manufacturer can use cellular, mesh or tree-like filling and supporting structures. If the order does not explicitly specify otherwise, the thickness of the wall and the percentage of infill are selected by the manufacturer.

FacFox reserves the right to reject the Order with or without explanations, and refund the money fully or partially to the Account from which it was paid, with or without compensation to the Author or the Manufacturer, by our sole discretion.

X. PAYMENTS AND BILLING

FacFox accepts payment via most credit and debit cards, including VISA, MasterCard, American Express, Discover, JCB, and Diners Club. PayPal is also supported. FacFox, at its sole discretion, can accept payment for orders by bank transfer. In this case, the specified payment method will be available for the customer in the choice of payment methods.

When the User authorizes a payment using credit/debit card, the payment is pending for a maximum period of 8 days. When the Order is accepted by the Manufacturer, these funds are transferred to our account and only then will the Order be processed. This process is managed by our payment solution partners Braintree and Stripe.

When the User authorizes a payment using Alipay, the funds are transferred to our account at the moment of authorization.

In the event that the Manufacturer cannot process your order, we will fully return your money back to your card or account.

In the event that we determine that the product is not of sufficient quality, we may fully or partially return the money back to your card or account based on guidelines of Purchase Protection Policy.

If the Manufacturer has accepted an order, but for some reason wants to cancel it, the Manufacturer must contact customer support to do so. If the Manufacturer cannot fulfill the order for any reason, FacFox may change the Manufacturer to complete the order. The customer must agree that chosen Manufacturer can be changed by FacFox when placing the order. If the customer does not agree to change the Manufacturer in the event that the Manufacturer cannot process the order, FacFox will return your money in full to the card or bank account that was used to place the order.

XI. DELIVERY

The Manufacturer may choose the Pickup delivery method if available.

The Manufacturer may choose the independent delivery services. In this case, the Manufacturer sets the price for delivery, and FacFox will include this price to the total cost for the Customer.

The Manufacturer may choose that he is willing to work with independent delivery services such as UPS, USPS etc. using FacFox integration if applicable.

In this case, FacFox sets the price for delivery at its sole discretion and includes this fee to the total cost for the Customer. It may not match the price of public usual delivery service, because at the time of ordering the exact parameters of the Product and possible services is not yet known and FacFox takes on the associated risks.

In this case, FacFox takes the Delivery Fee, finds and pays for the delivery service suitable at the time the 3D model has been manufactured, and provides the Manufacturer with the ability to print shipping labels for delivery.

Manufacturer shall pack Product for delivery if applicable.

XII. PURCHASE PROTECTION AND RETURN POLICY

FacFox allows the Customer to cancel their order and return money in full before the manufacturing process has started. After the manufacturing process has started, the Customer may not cancel their Order.

Since the product is custom made, we will refund the money only in the case of fault or defect of the Product; or in case of non-delivery of the Product within a reasonable time where delivery is part of the order, that is not in case pick-up.

FacFox reserves the rights to delay payment to the Author and the Manufacturer until the Customer confirms an acceptable quality of the Product.

If the Customer has not registered a complaint with FacFox within 7 days after the Product has been confirmed as delivered for orders placed directly on the website or through the widget, or within 21 days after the Product has been confirmed as delivered for orders from our API partners, FacFox assumes that the quality of the Product is acceptable. The customer can no longer open a dispute after the aforementioned time periods have elapsed.

After receiving the Product and prior to using it, the Customer must ensure its quality, in case the quality does not satisfy set requirements. The User must immediately let us know and attach photos of the Product and original packaging. FacFox will not refund any payments for Products that have been used. The User shall be ready to return the Product together with original packaging if we ask to do so. The Customer is responsible for returning the Product, including any shipping costs.

Upon the receipt of a complaint from the Customer, FacFox may terminate the Order and refund money to the Customer at its sole discretion. Alternatively, FacFox may request the Manufacturer to manufacture and deliver the Product once more at their own cost or use another solution to resolve the problem. When an official dispute has been opened by the customer for an order, FacFox will have access to, and be given consent to, read the dialogue for the order in dispute between the customer and the manufacturer to help find a resolution for the dispute.

FacFox reserves the rights to seek indemnification for damages from any party who violated this agreement.

For more details and limitations of the buyer protection and return policy, refer to this link: Buyer Protection Policy – FacFox Docs

XIII. THIRD PARTY SERVICES

The Site may contain links to other sites and services, or include special I-Frames from other sites and services. We are not responsible for the content and availability of these sites and services. Each of these services has its own terms and conditions, please read them carefully.

In some cases, to provide the functions of a Site we can transfer data to other sites and services, and this data may include personal information (or PII). We transfer only the necessary information and require such services to carefully handle this personal information, but using our service you agree with the possibility of such a transfer.

Third Party Analytics. We have engaged Inspectlet to analyse the activities of visitors to this website, and Inspectlet’s authorized use of cookies and other tracking technologies enable it to have access to Personal Information of visitors to this website. Such access to and use of Personal Information by Inspectlet is governed by Inspectlet’s Privacy Policy.

Includes but not limited to the subject to change.

XIV. COPYRIGHT INFRINGEMENT

If you believe that any material on the Site is in violation of any copyright or other Intellectual Property rules or laws, please send a notice of copyright infringement containing the following information to us:

1. Identification of the work or material being infringed;

2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that FacFox is capable of finding it and verifying its existence;

3. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address;

4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the intellectual property owner, its agent or law;

5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner;

6. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that has been allegedly infringed.

In all cases, if you do not receive a response from FacFox within 10 days of submitting a complaint, please contact FacFox again to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties and delivery of physical mail may be delayed without notice due to any number of unforeseen circumstances.

Please note that any person who knowingly and materially misrepresents that there is an infringement may be subject to liability for damages.

In an effort to be transparent in removing or restricting access to user-uploaded content, FacFox may make public any notices of infringement received (with personal contact information removed). This may include posting the notice to a public-facing Site, among other methods.

After removing or disabling access to the material or Content pursuant to a valid infringement notice, FacFox will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.

FacFox reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of a valid infringement notification.

If you believe you are the wrongful subject of an infringement notification, you may file a counter-notification with FacFox by providing the following:

1. The specific URLs of material that FacFox has removed or to which FacFox has disabled access.
2. Your name, address, telephone number, and email address.
3. A statement that you consent to indemnify FacFox against any copyright infringement claims that arise from the material.
4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Your signature.

Upon receipt of a valid counter-notification, FacFox will forward it to the Notifying Party who submitted the original infringement complaint. The original Notifying Party (or the intellectual property owner he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If FacFox does not receive any such notification within ten (10) days, we may restore the material to the Services.

XV. COMMUNITY POLICY

FacFox would like to offer access to web pages for new and developing technologies such as 3D design and manufacturing services such as 3D printing and CNC machining to a worldwide community. We’ve created these community pages to help the participants to bring their creations to life, inspire each other, share knowledge, discuss ideas and encourage a new interest in 3D designing and manufacturing technologies. The purpose of this policy is to ensure that all members of the FacFox community have the ultimate experience.

This policy describes the activity of members of the community, in any forum, reviews, mailing list, Site, correspondence, or public messages. In order to avoid communication issues there are a few ground rules to follow:

• Be considerate. Community pages may not be used to harass other members of the community. Offensive comments cannot be posted on community pages.
• Be patient. Unsafe, harmful, dangerous or Any threats of violence against others or promotion of violence or illegal activity cannot take place within community pages.
• Be respectful. Be respectful towards other members. We all have our own opinion, but disagreement is no excuse for poor behavior. It’s important to remember that a community where people feel uncomfortable or threatened is not a productive one.

• Be nice. Respect other members’ privacy. You cannot share any private or personal information that should not be shared in public areas of the Site.

XVI. INDEMNIFICATION

You hereby agree to indemnify and undertake to keep FacFox and its affiliates, distributors, suppliers, contractors, and their employees unharmed from and against any liabilities, losses, costs, damages, and expenses (including without limitation legal expenses) arising from or relating to, any claims that you have breached in the provisions of these Terms and Conditions.

XVII. LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FacFox SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME, PROFITS, CONTRACTS, DATA, OR OTHER INTANGIBLE LOSSES OF ANY KIND WHATSOEVER RESULTING FROM THE USE OF, OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL FacFox OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH OUR SITE INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XVIII. APPLICABLE LAW

These Terms and Conditions shall be governed by the laws of the state of Delaware, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Delaware, USA. Any and all disputes arising from these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the FacFox Services or Site, or relating to the products ordered and delivered, shall be brought in the federal and state courts located in the state of Delaware, USA. The United Nations Convention on the International Sale of Goods shall not apply to the FacFox Services or Site, or relating to the products ordered and delivered.

XIX. MISCELLANEOUS

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 of Service are personal to you, and are not assignable, transferable, or sub-licensable 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 of Service and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service 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 using the contact form.

No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. 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 of Service 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 of Service 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.

Use of “cookies”. You agree that when you visit the Site ‘cookies’ may be installed on the hard disk of your computer.

No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.

FacFox reserves the right to change the levels of FacFox’s certification of manufacturers by their own decision in order to service quality assurance for customers.

XX. COPYRIGHT/TRADEMARK INFORMATION

Copyright © 2015, 2016 FacFox, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

XXI. CONTACT INFORMATION

If you have any questions regarding these Terms and Conditions or the Services, you can contact us using the contact form.

Appendix A

Quality Policy for 3D Printing

3D Models are not considered defective if:

• There are visible lines, to the naked eye, from layers after printing.
• There are traces of surface treatment due to the support structures which were used during printing.
• The presence of thin filaments on the surface of the printed object.
• The internal structure can be visible through the glimpse of light.
• Traces of lines where the printer goes from one layer to the next layer.
• Visible distinct lines on the bottom surface of the 3D object.
• Unless otherwise specified, the positional accuracy ( the difference between positions of 3D printed part’s surface compared to the position of the 3D model’s surface) is not more than 0.5mm.
• The color of the product differs from the on-screen display of the 3D model within the limits of the norm for displaying a color through an electronic screen

3D Prints are considered to be defective if:

• Top surfaces are not closed properly or come out bumpy.
• Irregular circles: Circles come out misshapen and lines are not properly touching.
• Corners of the 3D Print lift and detach from the platform.
• Parts of the 3D Print shift along the X or Y axis.
• 3D Prints gradually lean over.
• Under extrusion.
• Parts of, or entire walls of the print are not fused and touching.
• The lowest parts of the print appear to shrink before reaching the proper dimensions.
• First layer not sticking / Parts are coming loose.
• Stringing: Unwanted strands of plastic span across the print.
• Waves/shadows appear in the print.
• Ugly overhangs: The lower surface of overhangs come out ugly.
• Lines are overly visible or spaced apart on the first layer.
• Very thin strands of plastic appear on the surface of the print.
• The resolution, infill and wall thickness stipulated by the customer are not met

Post-processing rules of 3D prints:

• Despite the fact that 3D printing parts are produced from the filament using FDM-technology, the surface of the final product cannot be expected to be perfectly smooth. To improve it, the following methods are suggested:
• Print with the highest resolution possible for the printer (For example, the resolution of the Ultimaker’s 2 is 20 microns – 0.02 mm). The final 3D Print will be the smoothest one, but such settings may result in different printing defects and significantly lengthen the time of printing.
• Post-processing. The surface can be smoothed out by sanding it with sandpaper or refining it with a needle-file, however, you should be cautious.
• Treatment with different solvents. The surface can be smoothed out perfectly by using solvents, such as acetone for ABS-plastic or Dichloromethane for PLA-plastic (relatively toxic). The Model can be dipped into a container with a solvent or treated with the vapor.
• However, it is important to keep in mind that solvents can dissolve the outer layers of the 3D Model more than is necessary, thus ruining it.
• Keep in mind that when working with solvents one has to be extremely careful.  All work must be carried out in a well-ventilated room.  Also, one should use safety equipment to protect eyes, respiratory organs, and skin.

Rules for model Authors to have printable 3D Models:

1. Thin elements
   When printing thin elements, the following should be considered:
   • The size of the thinnest elements should not be smaller than the diameter of the nozzle of the printer. Otherwise, these elements would not be printable.
   • The wall thickness (including the upper and lower walls) of 3D Print should exceed the height of a single layer by at least 2-3 times (ideally by 4-6 times). If the wall thickness is smaller, the strength of the walls significantly reduces and there may be visible gaps between the layers.
   • When performing the post-processing procedure of small parts one should remember they may become less visible or disappear altogether. Treating such small parts must be done with great caution.
   • It is difficult for some Slicers (Cura) to build support structures for small parts. This problem can be avoided by increasing the density of building support structures, or by using several slicers to generate support structures.
   • The level of detail of the model deteriorates with its decreasing size when scaling. Some elements of the model are well reproduced when the size of the Model is large, while the same elements cannot be printed as well on a smaller version, that is why they should be deleted or modified. It is necessary to pay great attention when preparing for printing all models subjected to scaling.
2. What to do with support structures
   • Support structures are necessary for printing elements of the model that are overhanging.
   • One can print without support structures with the angle of no more than 60-70 degrees. Keep in mind print quality may decrease slightly.
   • The number of support structures can be reduced by simply placing the model at a different angle. For example, a flat object lying on the horizontal plane of the table will be printed a lot faster than standing vertically.
   • In some cases, one can print without any support structures, simply by dividing the model into several parts.
   • Keep in mind that support structures can ruin the appearance of the 3D model surface, so it is better to place the model at such an angle that support structures would be created in places that are not visible, or in such places that can be easily treated or removed.
   • Reducing the number of support structures will contribute to a better printing process. It will reduce the amount of filament required for printing and time, thus reduce its cost.
   • Positioning relative to the print table glass
   • When positioning the 3D Model relative to the working surface of the printer the following should be considered:
     • Changing the angle can significantly reduce (or increase) the amount of support structures required to build the 3D Model. For example, the overhanging element of the 3D Model can be avoided by placing the vertical Model horizontally.
     • The strength of the 3D Model can be increased by placing the model so that the area with the greatest load are arranged perpendicular to the printed layers, and not parallel to them.
     • The quality of the pattern with circle elements can be increased by placing the 3D Model so that it is printed horizontally. In some cases, the circles of the vertical seal can lead to their deformation (instead of circular holes — ellipses will be obtained).
3. The size of the 3D Model
   When selecting the size of the Model the following should be considered:
   •  The maximum size of the Model for any 3D printer is usually determined by its build volume (for example, the build volume for the Ultimaker 2 is 230x225x205 mm).
   •  It is possible to print a larger size Model if the Model is divided into several parts (each of which can be placed in the build volume), and print them separately and connect or glue them together.
   • The printer does not print objects thinner than the diameter of the nozzle. In other words, the minimum size of the Model should not be less than the diameter of the nozzle. To ensure the strength and stability of the structure, the optimum thickness of the walls of any Model should be 2-3 times the diameter of the nozzle.

Packaging standards:

• Use sturdy and undamaged boxes with all flaps intact.
• Use double-wall boxes for heavier items.
• Wrap items individually with cushioning material and center them in cartons away from other items and away from the sides, corners, top, and bottom of the box. Use adequate cushioning material.
• Place items that might be damaged by normal handling, such as soiling, marking, or application of adhesive labels, in a protective outer box.
• Use fillers to fill void spaces and prevent movement of goods inside the box during shipping.
• Use the H taping method for sealing your package. Close and tape the inner box using the H taping method. This will help prevent accidental opening.
• Restrict product movement inside the box using filler like crumpled newspaper, loose fill peanuts, or other cushioning material.
• Ship fragile products individually, wrapping them in a minimum 3″ thickness of air-cellular cushioning material.
• Fill any void spaces with more cushioning material.
• Wrap all items separately
• Use strong tape designed for shipping
• Use a single address label that has clear, complete delivery and return information

If you have any questions regarding a possible printing defect, please contact us using the contact form with a good quality image of the 3D Print attached.

Appendix B

Quality Policy for CNC Machining

The accuracy of reproduction are defined by following the requirements stated in the order, including:

• Use of the agreed material
• Matching of form, dimension, tolerance and fits. Measurements are made under normal conditions.
• Required surface finish (lay/roughness/waviness)
• In the presence of standard elements (threads etc.), their implementation in accordance with the specified standard
• Use of specified mode of processing/cutting and post processing, if applicable

Products are not considered defective if:

• There are deviations in the size or shape of the part, within the required «accuracy of reproduction» as defined above
• There are technological traces (circles and lines) on the surface of the product, within the required «accuracy of reproduction», unless otherwise specified

Products are considered to be defective if:

• «Accuracy of reproduction» is not respected, including: the presence of unintended elements or the absence of specified ones, violation of dimensions, angles and tolerances, incorrect implementation of standard elements.
• Disturbances in the structure and properties of the material, cracks and fracture of the material, caused by incorrect processing of the material (burn-out, annealing), incl. ones from overheating of the instrument

The difference in approach:

• For “art products”, where the artistic expression is of primary importance, the author may not indicate the exact values of the tolerances. Then the manufacturer can select processing modes to observe the necessary artistic impression. If it expects inaccuracies of the form that exceed the “accuracy of processing by this manufacturer of this material by default”, then the manufacturer must inform the customer about this before the order is confirmed, and get a direct agreement.
• For engineering products, where it is important to interface with other parts and the exact properties of the resulting part, the author is required to accurately indicate the form, dimensions, tolerances, fits and finishes necessary for him – and from the manufacturer, compliance with all these instructions is required if the order is to be complied with.

Default Accuracy:

• Unless otherwise specified explicitly in the order, the manufacturer makes the product with an accuracy determined by the manufacturer and shown to the buyer at the time of the order as “the default accuracy for this material”
• The accuracy of maintaining the shape for art objects may be less than the “default accuracy”, with the consent of the customer.

Recommendations for the author and the customer:

• Different manufacturers use different software products. In order to avoid misunderstanding due to errors of importing and converting file formats, it is recommended to attach to the order a drawing in pdf format or similar, on which to indicate all the necessary tolerances, fits and surface finishes.
• If you need a special procedure for acceptance, post-processing or flaw detection of the resulting product, you must specify this explicitly in the order.
• If you need to comply with certain standards, technical conditions and regulation requirements, you must explicitly indicate this in the order.
• When reconciling, an accurate and unambiguous indication of the scope of work in the final proposal for the execution of the order is required. For example, if you need to assemble the structure using the attached assembly drawing, you must explicitly indicate this in the order.
• You must specify the units (millimeters or inches), if the file format used does not support the storage of the unit of measurement.

Technology recommendations:

• When designing, it is recommended to take into account the technological capabilities of CNC equipment.
• It will be easier to find performers if the shape of the part allows you to process all necessary surfaces with a typical common tool. The shape of such a surface can be obtained by processing with a typical tool, and the shape of the part will allow you to reach the surface to be treated with such a tool. Complex three-dimensional surfaces often require a specific tool or a lot of time for processing.
• If you can design the parts in such a way that the weight of the stock is smaller, that the machine needs to take less material, less often to change the tool, it is not so often to re-fix the part – then on average the production of the parts will be cheaper.
• Note that particularly thin elements, depending on the shape, can flex under the cutting tool. Such elements require special care during processing – and as a consequence, considerably slow down and increase the cost of production; do not use them unnecessarily.

Rules of post-processing:

• The manufacturer is obliged to perform those postprocessing in the modes specified in the order creation.

Packaging standards:

• For pick-up orders, the manufacturer packages the product at his own discretion, unless otherwise specified in the order conditions.
• If the delivery is part of the order, the manufacturer is responsible for the quality of the packaging. In the event that the product is damaged during transport due to unsufficient packaging, the manufacturer must produce and ship the product again, or return the money to the customer.
• Use sturdy and undamaged boxes with all flaps intact. Use double-wall boxes for small items, and rigid crate for heavier items. Shipments that qualify as freight must be packaged accordingly.
• Wrap items individually with cushioning material and center them in box away from other items and away from the sides, corners, top, and bottom of the box. Use adequate cushioning material.
• Place items that might be damaged by normal handling, such as soiling, marking, or application of adhesive labels, in a protective outer box.
• Use the H taping method for sealing your carton package. Close and tape the inner box using the H taping method. This will help prevent accidental opening. Use fillers to fill void spaces and prevent movement of goods inside the box during shipping. Restrict product movement inside the box using filler like crumpled newspaper, loose fill peanuts, or other cushioning material. Ship fragile products individually, wrapping them in a minimum 3″ thickness of air-cellular cushioning material. Fill any void spaces with more cushioning material. Wrap all items separately. Use strong tape designed for shipping
• For freight shipments You must package your shipments to allow for stacking of other packages on top of your shipment. Make sure your freight shipments are banded and stretchwrapped to the pallet, with the bands running in both directions. Make sure that all single-piece cargo greater than 68 kg (150 lbs.) is banded on all sides with heavy-duty metal or break-resistant plastic banding
• Use a single address label that has clear, complete delivery and return information
• If you have any questions regarding a possible manufacture defect, please contact us using the contact form with a good quality image of the Product attached.

Preparation of customs and transport documentation:

• For pickup orders, the manufacturer prepares domestic transport documentation if the transport of such goods requires documentation, and unless otherwise specified.
• For orders with delivery, the manufacturer prepares the necessary transport documentation for delivery. If the delivery is international, the export customs documentation required for dispatch is also being prepared. Customs declaration on the recipient’s side is the responsibility of the recipient, unless otherwise agreed.

Time Limits:

• Time required for production (unless otherwise specified in the order) are calculated according to the working hours based on the time of writing the control program, setting up the equipment and the time for the required machining of all parts with all tools, taking into account the required accuracy and quality, with a reasonable margin.

Appendix C

Commercial License

1. Definitions

Site: the Site offered by FacFox at https://www.facfox.com refers to the FacFox Site, API’s, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by FacFox to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.

FacFox: includes FacFox, Inc. and all licensed affiliates and partners.

Visitor: registered or unregistered User who is browsing the Site.

User: an individual or a legal entity making use of the Services that are offered through the Site.

Account: User’s registration record on the Site.

3D Model: 3D printable file supplied by the User.

3D Print: 3D model turned into a physical object by a 3D printer.

KIT: a set of separate parts to be assembled.

Author: the User who supplies a 3D Model for FacFox.

Manufacturer: the User who operates a 3D printer and offers 3D printing services through the Site.

Order: An order placed by the User through the Site for any 3D Print job with the selected Manufacturer to turn the Author’s 3D Model into the 3D Print upon receiving payment for the Author, Manufacturer, Service and Delivery Fees.

Customer: any User that uses the Site to Order a 3D Model or 3D Print.

Product Page: is the product page or interface that displays the 3D Model assets available for Order, typically on the Site www.facfox.com

Delivery Service: third party services used for delivery of a 3D Print from a Manufacturer to a User.

User Content: 3D Models, images, videos, text, or any other content that the User submits to the Site.

Author Fee: the total fee due to the Author for use of their 3D Model in an order.

Printing Fee: the total fee due to the Manufacturer for the printing services, including the start-up and material costs of each individual printing job and the costs of the material used to produce the 3D, as offered by the Manufacturer on the Site.

Service Fee: the fee due to FacFox in consideration for the Services provided by FacFox and any applicable taxes.

Delivery Fee: Any fee due and owed to any party related to services regarding the delivery of a 3D print from a Manufacturer to a Customer.

Services: The services offered by FacFox through this Site.

Intellectual Property: Any copyright, patent, trademark, trade secret, right of publicity, or any other proprietary right throughout the world.

2. Parties

2.1. This License Agreement is made effective between Author, Customer, and Manufacturer upon making a purchase of any 3D Model product from the Site.

2.2. By purchasing any 3D Print of the 3D Model published under this License Agreement (or set of 3D Models such as a KIT ) from the Site, Customer agrees to these Terms of License Agreement.

3. Rights Granted

3.1. Author represents and warrants to have the right to grant, an irrevocable, non-exclusive, worldwide license to reproduce, prepare derivative works of, turn into physical objects, incorporate into other works, and otherwise use any 3D Model or KIT selected by a User in using the Site.

3.2. Author grants the Manufacturer, selected by the User during the placement of an Order, an irrevocable, non-exclusive, worldwide license to copy, prepare derivative works of (including, but not limited to making “Slices”), and reproduce in physical form any 3D Models or sets of 3D Models (KIT), solely for the purposes of printing and processing a selected Order.

3.3. Changes to 3D Models with the possibility to print.

3.4. Manufacturer shall print the exact amount of 3D Prints of the selected models described in Order.

3.5. Manufacturer shall destroy all defective parts, or unsuccessful attempts to print any Model.

3.6. Manufacturer shall destroy all digital copies of Author’s 3D Model included in the Order, including all derivative work and trace logs, after finishing or if the Order is canceled within one day .

3.7. Author grants the Manufacturer who prints the 3D Model the right to take photos and video of the 3D Print and upload them to the Site in order to ensure quality, or to improve the User experience, or for advertising purposes.

3.8. Author grants the Customer the right to use the 3D Print in any manner at their own discretion and at their own risk (including but not limited to commercial use, sales, rentals, photo or video compilations, etc.), except if the Customer may not use an Order to reproduce the original digital 3D model (for example, “3D scan” or “3D photo”) is prohibited.

4. Royalties and Fees

4.1. Author, after publishing the 3D Model in accordance with these Terms of License Agreement, specifies a price for a single item of the 3D Model or a KIT.

4.2. In order to use the rights described in the Clause of this Agreement entitled; “Rights Granted”, the Customer must pay the Author, using the FacFox Site, a fee in the form of royalties in the sum of the item price specified by the Author and multiplied by the number of ordered 3D Prints (in the case of the KIT – the KIT price multiplied by the quantity ordered KIT).

4.3. The above payment process is completed through the regular Order Payment on the Site. The Author promises not to use any other methods of accepting payment from FacFox customers for FacFox orders, except for payment through the Site.

4.4. In the case that the price specified by the Author is different from the currency that is used to process the order, FacFox will use exchange rates at its sole discretion and set prices for Customers corresponding with an amount in the currency of the order.

4.5. Defective attempts to print are NOT payable.

5. Termination

5.1. Author can stop new agreements by removing the 3D Model from publication on the Site

5.2. Termination of new agreements means that no new order with this 3D Model can be made. All rights for already made orders remain after the termination of the agreement. For example, the Manufacturer must finish printing and processing orders containing models that have been removed from publication, in the case that the order was made before the model was removed from publication.

5.3. The license rights granted under this Agreement will immediately and automatically be terminated without notice if you fail to comply with any term or condition of this Agreement. Upon notice of termination, you must destroy all copies of 3D Models.

6. Refunds

6.1. This agreement is for orders that have already been made. It is non-refundable by Author’s initiative. An Author cannot revoke the right to print the order.

6.2. If the Manufacturer claims that they cannot print an order for any reason, or they prove that while trying to print an order that it is defective, FacFox reserves the right to cancel the order. In that case, the Author’s royalty will not be paid.

6.3. Refund by Customer’s initiative

7. Tax

7.1. Author understands and agrees that they are solely responsible for determining their applicable tax reporting requirements and any applicable taxes for the services they provide to Users through the Site.

7.2. FacFox reserves the obligation to act as withholding US tax agent for non-US Users and entities. Author may see withholding percentage in a specific area of the personal account after filling tax information form .

7.3 In order to withdraw your earnings from FacFox account you will need to submit your tax information and log into your PayPal account.

7.4 If you are a non-US designer and do not provide a W-8BEN, we are required under US tax law to treat you as a US person and withhold 28% from income tax and send it to the IRS. This also applies to persons who have not furnished their taxpayer identification number (TIN) in the manner required such as missing or incorrect information. This is known as “backup withholding.”

7.5 FacFox acts as a third party settlement organization that is responsible for reporting the gross reportable transaction amounts paid to participating payees in their network. This information can be found here.

8. Notices

8.1. This is NOT an agreement of ownership.

8.2. This license is non-transferable.

8.3. You may not rent, lease, sublicense, distribute, lend or transfer Author’s digital 3D Models, or any copy or portion of 3D Models, without prior written consent from the Author. You are granted only the rights expressly stated in this Agreement, and you may not use 3D Models for any other use.

8.4. The author can publish his or hers 3D Model for the total cost of $0 but the copyright will always reside with the author.

8.5. If you do not agree to the terms, you are not permitted to use 3D Models.

8.6. Purchasing the rights to print 3D Models as prescribed in this agreement does not allow resale of digital 3D Models parts.

9. IP rights and Trademarks

You acknowledge and agree that 3D Models listed on the Site and its permitted copies, and the trademarks associated with the Site, are the intellectual property owned by their respective owners. 3D Models or any other User Content on Site are protected by Copyright Laws including without limitation, by United States Federal Copyright Law, respective State Intellectual Property Law, international treaty provisions, and applicable laws in the jurisdiction of use.

10. Warranty

FacFox warrants that the printed product will substantially meet the features of the ordered 3D Model within the limitations of the current 3D printing technology. FacFox does not guarantee that any 3D Model can be applied for any particular purpose. For any real-world application the user shall use the 3D Models at his/her own risk.

11. Disclaimer

THE SITE AND THE SERVICES ARE PROVIDED IN THE FOREGOING PARAGRAPH “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FacFox CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITE. FacFox DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, FacFox MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

12. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FacFox SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME, PROFITS, CONTRACTS, DATA, OR OTHER INTANGIBLE LOSSES OF ANY KIND WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL FacFox OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH OUR SITE INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Possible changes

13.1. FacFox reserves the right to make changes to the Site, the Services, Agreement and the Terms and Conditions at any time. Such amended Agreements will apply to new purchases made on Site after the date of its application.

13.2. Any amended Agreement shall be effective upon posting on the Site or through some other reasonable means of communication. FacFox will take reasonable efforts to post notices at least one day before making any changes to this Agreement. Please check the Agreement published on this Site regularly to ensure that you are aware of all the terms governing the Site and the Services.

13.3. Leaving models published after the change agreement is agreed to publish them on the new agreement. If you do not agree – remove your 3D models from publication.

14. Applicable Law

These Terms and Conditions shall be governed by the laws of the People’s Republic of China, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than China. Any and all disputes arising from these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the FacFox Services or Site or relating to the products ordered and delivered, shall be brought in the federal and state courts located in Hangzhou, Zhejiang Province, China. The United Nations Convention on the International Sale of Goods shall not apply to the FacFox Services or Site or relating to the products ordered and delivered.

15. Contact Information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to info@facfox.com.