TERMS OF USE OF THE WEBSITE SKRIWARE

This document defines the legal (contractual) relationship between the User and the Administrator, as well as the legal (contractual) relationship between the User and the Uploader.

I. Definitions

Administrator - Skriware spółka z ograniczoną odpowiedzialnością with its seat in Warsaw, address: ul. Wołodyjowskiego 45, 02-724 Warszawa, entered in the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under entry No. KRS 0000540128.

Website - a group of connected web pages, made available on the Internet at www.skrimarket.com.

User (You, Your) - each person who uses any functionality of the Website and/or has signed in to the website.

Uploader – an individual or an entrepreneur who sells or makes available free Models owned by them via the Website.

Model – a file with a model for a Skriware 3D printer.

Privacy Policy - a set of personal data processing and data privacy protection rules applied by the Administrator to Users and Uploader.

Account - an account maintained on the Website for the User, with which the User may use the services offered by the Website and use the Website’s full functionality.

Medium – a material or a tool in which the User (or the Uploader, or the Administrator) can store information sent to them by the Administrator or the Uploader in a manner that allows you to access information in the future during a period which is appropriate for the purposes for which such information is used, and which allows you to restore the stored information in the same form.

Any provisions of the Terms of Use which refer to the User shall also apply to the Uploader. Whereas, any provisions of the Terms of Use which refer to the Uploader shall apply only to the Uploader. Each Uploader also has the status of a User.

II. General provisions

1. You hereby state and represent that you accept all the provisions of the Terms of Use and the Privacy Policy without any reservations.

2. Users who are not able to enter into a legal binding agreement with the Administrator or an Uploader, or those who are forbidden to use services provided by the Website due to restrictions applicable in the country or in the region, including the current country of residence of the User and the place where the User is using the services, should not use the Website. You hereby state for the Administrator that you are eighteen (18) years’ old or older (or that you have reached other age which, pursuant to the law of your country, entitles you to enter into legally binding contracts), you have full capacity to enter into legal transactions and that you agree to the terms and conditions set forth herein. If you act on behalf of and for a third party which is a legal person, a so-called imperfect legal person, etc., you hereby state to the Administrator that you are authorized to incur any obligations under this agreement on behalf of and for such a person, and your acceptance of these Terms of Use shall mean acceptance of these Terms of by the third party

3. The Administrator reserves the right to change and modify these Terms of Use, including to add new or delete existing provisions, which the Administrator may do at their own discretion, at any time, by posting the changes made hereto on the Website. That is why, you have the obligation to regularly check, if the Terms of Use have not changed. If you continue to use the Website after any changes have been posted and you have not terminated the agreement, it shall mean that you have accepted the changes. Unless the other provisions provide for otherwise, modified Terms of Use shall enter into force automatically thirty (30) years as of the date on which the changes were posted on the Website. When posting any changes, the Administrator has the obligation to indicate which provisions have been amended, added or deleted. The Administrator shall also send information about changes to the Terms of Use to Users’ e-mail addresses. The version of the Terms of Use applicable before a change was made (the existing version) shall apply to any agreements entered into by and between the User and the Uploader before the change to the Terms of Use was made and which are to be performed after the modified Terms of Use have entered into force.

4. Users or Uploaders, using the Internet or otherwise, may conclude with the Administrator a separate agreement on some rights and obligations between them and the Administrator (Additional Provisions). Should there be any disagreement or discrepancy between these Terms of Use and the Additional Provisions, the Additional Provisions shall prevail, unless the Additional Provisions provide for otherwise.

5. For contractual purposes, you agree to communication with the Administrator and receiving information electronically.

6. Within the Website – as regards agreements entered into by and between the Uploader and the User - the Administrator provides only hosting services. As part of such services, the Administrator only makes ITC infrastructure available to act as an intermediary in data transmission and for Users and Uploaders to store and share their data.


7. The Administrator shall not permit and agree to any breach by Users and Uploaders of any laws and regulations, and third-party rights which shall include but not be limited to, copyrights, industrial property rights or personal interests. With exceptions provided for in these Terms of Use, any data, which shall include but not be limited to Models, is shared by Users and Uploaders at their own responsibility and risk and they assure that they have any rights thereto, which include but are not limited to sharing data, making it public or distributing it.

8. Any texts, graphic materials, interactive functions, logos, photographs, files, software and all other materials within the Website, except for materials transmitted, shared, or posted by Users and Uploaders, as well as selection, organization, coordination, compilation of materials and the overall look and nature of the Website constitute intellectual property of the Administrator. They are protected under copyrights, rights to designs, patents, rights to trademarks and other laws and regulations, including international conventions and property rights. All such rights are reserved to the Administrator. All trademarks and trade names are the property of the Administrator. Without the Administrator’s express consent, neither the User nor the Uploader may sell, distribute, copy, modify, perform, display or broadcast to the public, publish, edit or adapt such items, license them, create derivative works thereof or use them in any other manner.

9. The Administrator shall ensure the possibility to enter into and complete electronic transactions between the User and the Uploader, which includes but is not limited to granting licenses to Users by Uploaders for the use of a Model. The Administrator is not a party to the agreement between the Uploader and the User – the Administrator only provides Uploaders and Users with certain assistance and administrative services.

10. As regards each agreement executed on the Website, you agree to the provision of the performance before the end of the term for termination. You also have the obligation to make a statement on your agreement to the provision of the performance before the end of the term for termination in a separate form (beside this provision) at the first request of the Administrator or an Uploader – in the event that, at the User’s express request, the performance is to be provided before the term for termination.

11. You shall not have the right to terminate all agreements which you enter into on the Website as regards licensing the specific Model from the specific Uploader.

12. As regards Users from the European Union, in relation to agreements concluded with such users via the Website, the Administrator performs their information obligations to the Users pursuant to the relevant laws and regulations.

13. All confirmations required under applicable laws and relations will be sent to the User’s e-mail address.

14. You agree to confirm or share certain data in order to, in case of any doubts, determine their place of residence, registered office or place of ordinary stay, which is connected with the Administrator’s obligation to complete reporting obligations and activities related to Value Added Tax, in particular under Article 58 of the Directive 2006/112/EC of the Council and Implementing Regulations of the Council (EU) No. 282/2011 and No. 1042/2013.

III. Use of the Website

1. You must use the Website pursuant the provisions of these Terms of Use and applicable laws and regulations, in accordance with good practices and the rules of social conduct. The Administrator shall act in the same manner when performing their duties.

2. If you learn of any breach of the provisions hereof by another User, Uploader or any other person, you have the obligation to promptly notify the Administrator thereof.

3. You state and represent that you have read these Terms of Use, including the Privacy Policy and accept all provisions thereof.

4. The technical condition for your use of the Website is to have a work station equipped with an operating system and Internet access, and standard software required to view web pages.

5. To ensure proper operation of some of the Website’s functionalities, it may be necessary for you to provide a modern browser with support of Java Script, decompression software and cookies.

6. In order to print a given Model, you must have a Skriware printer, as well as the following software: [email protected]

7. To access some of the Website’s functionalities, you have to sign up for the Website

IV. Creating an Account

1. In order to create an Account, you must sign up by filling in a sign-up form available on the Website. During the sign-up process, you must provide your current e-mail address, username and password, as well as accept these Terms of Use and the Privacy Policy.

2. The Administrator shall have the right to verify User data by requesting Users to present relevant documents, copies or scans thereof, etc. In particular, the Administrator may request a scan of an identity document. The documents (or scans or copies thereof) should be submitted within 14 days as of the date on which the Administrator made a request to the person who wanted to sign up for the Website. A failure to provide the said documents (or scans or copies thereof) may be a reason why you are refused to sign up for the Website. The Administrator may also request relevant documents (or scans or copies thereof) after you sign up – in this situation your failure to submit the documents (or scans or copies thereof) may provide a ground for blocking your Account.

3. Each User should indicate, whether their place of residence (registered office, place of ordinary stay) is in the territory of the European Union or outside the territory of the European Union. Users acknowledge and agree that the Administrator has a tool for locating the device (and the connection) in the computer network in the country from which the sign-up is being done. In case of discrepancies between the place of residence option (registered office, ordinary place of stay) [within EU or outside that territory] set by the User during the sing-up process and the results of the verification done by the Administrator, which includes but is not limited to locating the device (and the connection) in the computer network in the country from which the sign-up is being done, the Administrator shall have the right to refuse to create an Account. Regardless of the above, Users agree to the above location verification also after the sign-up on the Website and to provide any relevant information for that purpose.

4. After the data included in the sign-up form is verified, you receive a-email notifying you that an Account has been created, at the e-mail address given by you. In order to complete the sign-up process, you must activate your Account by clicking the link sent to you via e-mail together with the information that your Account has been created.

5. After you have successfully signed up on the Website, you will be given access to the Website’s full functionality after entering your login and password on the login page.

6. An Account is created for any registered User. You may edit your data in the Account. The Administrator refuses to create an Account for Users who are underage or do not have full capacity to enter into legal transactions.

7. When you sign up on the Website, you confirm that you have read and accepted all the provisions of these Terms of Use, including the Privacy Policy and that you agreed to the following:
- Processing of personal data by the Administrator during the sign-up process on the Website now and in the future – so that the Administrator can provide services available on the Website and to follow the “notice and takedown” procedure described in Clause XII below, in particular to provide the User’s data to a person whose rights have been infringed, as well as for the Administrator to contact Users and for marketing purposes, including to send commercial information and advertising materials to the User.
- Processing of personal data necessary to execute and perform the license agreement for the use of a Model by an Uploader, by the Uploader now and in the future.

Regardless of the above, a User who has not sign-up on the Website also accepts these Terms of Reference and the Privacy Policy when such User starts to use any functionality of the Website.

8. The Administrator shall have the obligation to provide confirmation of execution of the agreement with a User from the European Union, who is a consumer, on a Medium within a reasonable period of time as of the execution of the agreement. Such confirmation should include information required under the applicable laws and regulations, unless the Administrator provided the User with the information on a Medium before the agreement was executed.

9. You must take care that a valid e-mail address is always assigned to your Account on the Website.

10. Your Account is made available to you by the Administrator free of charge and allows you to use the service offered on the Website and provided by the Administrator, which is possible from any place via the Internet. You cover any costs connected with Internet access at the rate under the agreement with your operator. You shall not incur any costs related to the conclusion of the agreement with the Administrator.

11. As part of actions taken when the rules of these Terms of Use or provisions of the law, the Administrator shall have the possibility to apply the following sanctions against you:

  1. Warming,
  2. Restrict your use of the Website,
  3. Temporary block on the Account,
  4. Full block on the Account.

12. The Administrator reserves the possibility of temporary interruptions in the access to the Website or the Account, which may be caused by modernization works or technical problems. In the event of technical problems, the Administrator agrees to resolve them as soon as possible.

13. You agree that the Administrator may send you commercial information and advertising materials (in particular to you e-mail address) by checking the relevant icon during the sing-up procedure. You may cancel this consent at any time by sending a relevant request to the Administrator's e-mail address.

V. Fees

1. No fees for signing up on the Website shall be charged to the Users. Only fees for using the selected payment channels shall apply. Users are informed of the amounts of such fees on the payment selection page. The Administrator shall charge its commission to each price (license fee) and transfers the remaining amount to the Uploader. The amount of commission on the price for granting license on the Website may be different depending on the type of the payment operator which enables the transaction. The Administrator also collects a fee in connection with payment of funds to Uploaders. This fee is mainly connected with the necessity to cover the fee the bank or payment operator charges to the Administrator in relation to the payment. The fee shall be added and displayed after you chose a payment method to complete the Model license transaction.

2. Prices given for a given Model do not constitute a part hereof and, as long as you do not purchase a given Model (a license to use it; and therefore, before you enter into a license agreement), the prices may change. You accept that the price (license fee) shall be calculated by each Uploader individually; however, subject to the following sentence, it may not be lower than USD 0.01 and greater than USD 100. Further, you may share your Model on the Website free of charge.

3. All fees are expressed in USD, or otherwise any change shall be communicated. You have the obligation to promptly pay any fees and taxes imposed on you and related to your use of services provided via the Website. In particular, you agree to pay by yourself any applicable taxes, fees, etc. amounts due in relation to the funds received under agreements concluded via the Website, if any.

4. Services (or other functionalities contained in the Website) may be different depending on the country or the region. The Administrator is not able to ensure that a service, a certain type of functionality or range will be fully accessible to all Users.

5. Users may make payments as part of the payment models available on the Website, i.e. PayPal payment. All payment models are described on the Website.

6. A User, who requests settlement with those payment systems, hereby states and represents that they agree to making payments through websites of those payment systems and that they have read the terms of use available on the pages of those websites (in particular PayPal) and accept the provisions contained therein. To the extent permitted by law, the Administrator shall not be held liable to the User for any problems with making payments for reasons attributable to the owners of the above websites, which shall include but not be limited to delays in the completion of payments or inability to make a payment for technical reasons. In such an event, you should contact the operator of the relevant payment website in accordance with the procedure and the rules set forth in the terms of use of the website. If a payment is not accepted for reasons attributable to the Administrator, you should inform the Administrator thereof by sending an e-mail to the following e-mail address: [email protected]

7. You agree that the Administrator may give your personal data such as your first name, surname, address and other data such as the number of your bank account – to the above payment operators, including in order for the payment operators to process the data to complete transactions in the form payment of the price by the User to the Uploader.

8. You state and represent that you will pay for any products and services sold via the Website with money coming from legal sources.

9. You represent that you are not a goods and services tax (VAT) payer. If you become a VAT payer or you already are a VAT payer, you have the obligation to provide any data which the Administrator needs to prepare a VAT invoice, in particular your VAT identification number. The invoice will be sent to your e-mail address.

10. You state and represent that placing orders via the Website connected with the purchase of a Model/license entails obligation to pay.

VI. License

1. You state and represent that you understand and accept that by paying for the opportunity to use a Model shared by an Uploader on the Website you pay for a non-exclusive, single, non-transferable (without the right to sublicense), world-wide license for the Model, granted by the Uploader.

2. Your right to use the Model includes the following fields of use:

  1. Covert the Model to the language of the Skriware printer and print any number of 3D copies included in the Model,
  2. Temporarily multiply the Model digitally in the memory of the Skriware printer/memory of your computer to make a printout.

3. You acknowledge that you cannot save a Model in the memory of your computer, or on any other storage media (in particular, to make printouts on the basis of the model later). You can only print the selected number of copies of a 3D model on a Skriware printer once directly from the Website, after you click Print or a similar command. If you wanted to print the same Model again after the printing process, you would have to buy the licenses for it again pursuant to these Terms of Use.

4. You agree that you will not:

  1. Make any changes to the Model,
  2. Try to or save the Model on any storage media,
  3. Share the Model with any third parties,
  4. Modify, distribute, share, including on the Internet, multiply, lease, rent, lend for use, sublicense, change, or translate the Model or the software necessary to make a printout on a Skriware printer,
  5. Tamper with the Model or the software necessary to make a printout on a Skriware printer.

5. The Administrator does not guarantee that the Model will be defectless, will work properly and that it will meet your expectations or be compatible with your software. The Administrator does not grant statutory warranty for any defects of the Model.

6. To the extent permitted by law, the Administrator shall not be held liable to Users for proper operation of the Model (in particular due to the fact that the Administrator is not a party to the license agreement pertaining to the Model), or for any (direct or indirect) damages or lost profits connected with the use of the Model by the User. You hereby state and represent that you have the proper knowledge and skills which allows you to properly make a printout on your Skriware printer, as well as to verify, if making such a printout is possible.

VII. Relationships between Uploaders and Users

1. Users acknowledge that transactions may sometimes entail fraud. The Administrator fulfills any obligations to verify both Uploaders and Users, in particular during the process of registration of Users, or when Users make payments. However, the Internet does not give a full guarantee that the identity of all parties participating in transactions will be verified. It is recommended that you also follow any procedures in order to make sure if the intentions of the other parties are true.

2. Each User and Uploader is individually responsible for exercising due care when entering into transactions on the Website and using the services offered via the Website, as well as for following the accepted Terms of Use and meeting other obligations. This shall apply to matters such as the warranty obligation, taxes, commissions and other fees, licenses, insurance or lead time.

3. The agreement between a User and an Uploader shall be concluded when the User’s payment is confirmed with the relevant functionality available in the Website. Any other activities of the parties to the agreement, their mutual rights and obligations are regulated by the relevant laws and regulations.

4. By purchasing a single license for the Model, you do not purchase any copyright or title to the Model, or to the software related to the use thereof.

5. At the moment of concluding the Agreement with the Uploader, you make a statement to the Uploader that you:

  1. Purchase the Model after making sure that you have the possibility to print it,
  2. Have a Skriware printer,
  3. Accept the fact that by paying for the Model, you acquire a license to use it pursuant to the provisions of these Terms of Use,
  4. Have sufficient funds to make payment to the Uploader,
  5. Are aware of the fact that by buying the Model you enter into an agreement with the Uploader and not the Administrator.

6. Each Uploader states and represents to each User, in particular that:

  1. The Uploader has full rights to accept these Terms of Use and the Privacy Policy, to grant licenses and to authorize entities to accept responsibility for their application,
  2. When placing any products or services, which include but are not limited to Models on the Website or when selling them via the Website, the Uploader states and represents that they are free of (physical and legal) defects and any claims of third parties and that the Uploader has all and any rights to place and sell such products and services, which include but are not limited to title, copyrights, and that the Uploader has any required licenses, rights, permits and consents to use, distribute, share, publish or sell, etc. them, which includes but is not limited to the right to sell them on the Internet, in an online system, as well as that these rights are not restricted in any manner whatsoever,
  3. Products and services offered by the Uploader via the Website, which include but are not limited to Models (a) do not infringe any rights of third parties, including copyrights, rights to trademarks, patent rights, trade secrets, privacy rights, rights of publicity, or any other property rights or intellectual property rights, or (b) do not vilify, slander, defame, or insult any persons or entities, or infringe their rights, including their privacy rights, publicity rights, or any other personal interests.

VIII. Representations of the User

1. You are solely responsible for all data you transmit, share, distribute and store via the Website and you hereby acknowledge that the Website is the only a tool used for transmission and storage of data as part of the hosting services referred to in Clause II Subclause 6 of these Terms of Use. Therefore, you are solely responsible for all data you transmit, share and store and the results of the publication thereof.

2. To the extent permitted by law, you hereby acknowledge and represent that:

3. The data you transmit or share may not violate any orders and prohibitions set forth in the “Forbidden use of the Website” Clause hereof.

IX. Forbidden use of the Website

You hereby state and warrant that you will not engage in the following activities:

a) You will not place, create or distribute any data that violates the applicable laws and regulations, provisions of binding agreements or third-party rights (including any trade secrets, any intellectual property rights, copyrights, personal interests or personal data protection rights) via the Website, including in any comments;

b) You will not post any false or misleading information which could expose the Administrator or any third parties to damage;

c) You will not post, share, transmit or place any data which is illegal, obscene; which slanders any third parties; includes slanders or threats, any pornographic, vulgar, aggressive, content; any content that insults certain races or nationalities; any hateful content; any criminal behavior; any behavior that promotes fascism, Nazism and other murderous ideologies, or promotes phonographic or computer piracy, popularizes data security cracking techniques, viruses or any other similar content and materials on the Website

d) You will not post any advertisements or commercial offers without the Administrator’s consent,

e) You will not pass yourself off as any other person or any other actually existing or fictitious entity, state contrary to the facts that you are associated with any person or entity, or access Accounts of other Users of the Website, or give false information on sources, nature, or content of data transmitted via the Website, or mislead other Users of the Website or the Administrator in any other manner;

f) You will not use the Website for any other purposes than to use the services offered by the Administrator;

g) You will not bypass or deactivate the Website security;

h) You will not place any offers, advertisements, or proposals, or send any spam to other Users of the Website, i.a. advertising and promotional materials or offers, or send commercial information, forwarded messages, announcements, requests for donations for charitable purposes to multiple Users, in particular you must not place banners or other advertising creations, or send advertisements and commercial offers in e-mails sent to Users – without the Administrator’s consent

i) You will not use the Website for any illegal purposes or to violate national or international laws and regulations, including those on the protection of copyrights, industrial property and other property rights, as well as personal data protection laws;

j) You will not defame, harass, insult, or cheat other Users of the Website, collect or try to collect their personal data or personal data of third parties without their consent, or threaten them.

k) You will not try the source code of the Website or any part thereof, or tamper with it in any manner;

l) You will not modify, adapt, or translate the Website, or any part thereof (including the Terms of Use), or create any derivative works based thereon;

m) You will not intentionally interrupt or try to interrupt the operation of the Website in any manner, or prevent other Users from using the Website, which includes but is not limited to placing or distributing viruses or other malicious software like adware, spyware, etc.;

n) You will not undertake any actions in order to read pass codes of other Users or Uploaders, including not to try to guess passwords;

o) You will not transfer or share your Account or any part thereof for payment in any manner,

p) You may not place any data which includes any personal data of third parties, including other Users, on the Website,

r) You may not prevent other Users from using the Website in any manner.

X. Liability

1. To the extent permitted by law, the Administrator’s liability shall be excluded for:

- Any damage resulting from your use of the Website, your access to the Website, or your inability to use the Website for reasons beyond the Administrator’s control;

- Any damage caused by viruses, Trojan horses etc., which may be sent to the Website or via the Website by third parties; however, the Administrator shall have the obligation to take immediate actions to mitigate the risk posed by such viruses, etc.

- Consequences of third parties acquiring your passcode by third parties, if it happened due to reasons attributable to you; such reasons shall include but not be limited to your sharing your password with a third party,

- Any actions taken by the Administrator in relation to you and connected with your breach of the law of the provisions of the Terms of Use, which shall include but not be limited to a lock on the Account or access to the Website, restriction of the use of certain services and functions on the Website,

- Any breach of any laws and regulations, or infringement of third-party rights by Users and any consequences thereof, which shall include but not be limited to any damage to third parties caused by Users as result of infringement of copyrights, industrial property rights, etc., in particular for damage caused by transmitting, distributing, publishing or sharing of data to which you do not have a copyright or other required authorization,

- Any actions and consequences thereof resulting from your breach of the provisions of these Terms of Use or your giving false data or making false or untrue representations and warranties referred to herein,

- Any of your actions taken to collect personal data illegally, and to process it, which shall include but not be limited to sharing personal data of other Users with unauthorized persons,

- Any damage, claims, damages, compensation in relation to claims of one User against another User of the Website (exclusion of the Administrator from disputes between Users).

- Any damage, claims, damages, compensation, physical and legal defects of products and services sold by Uploaders via the Website to Users – due to the fact that the Administrator is not a party to the legal relation in this situation.

2. In particular, the Administrator shall not be held liable to any third parties in relation to, in particular, your failure to perform or to perform properly the agreement with an Uploader, the fact that you committed a prohibited act, violated a provision of the law or provided false information, or made false warranties or representations. If any third parties file to the Administrator any charges, claims, complaints, petitions, requests, etc. related to your conduct referred to in the previous sentence or in Subclause 1 above, you agree to assume full liability to such parties, which shall mean that you shall bear any related costs incurred by the Administrator or any costs that the Administrator will be obliged to bear in any form, which shall include but not be limited to attorney’s fees, fees, damages, fines, exemplary damages, cash penalties, liquidate damages, costs of summons, expenses related to appearance in court or before state or public administration authority, correspondence costs and any other possible costs, fees, etc. Further, if any third parties bring any claims against the Administrator for infringement of rights of such persons by a User, which shall include but be not limited to copyrights, the User shall take the place of the Administrator in the proceedings or shall join the case as an outside intervener. The provision of this Subclause shall apply to Users from the European Union to the extent in which it does not infringe consumer rights.

3. Further, the Administrator does not guarantee that the User and the Uploader have the ability and capacity to enter into an agreement via the Website, in particular that the agreement will be performed. The Administrator shall not be held liable to Users for the Uploader’s failure to perform or improper performance of the agreement in relation to the User. The Administrator shall not be held liable to Users for products and services sold via the Website by Uploaders, including their fitness for agreed use, quality, and legality, physical and legal defects. The Administrator shall not be held liable to Users for correctness of statements made by Uploaders or the ability to enter into an agreement with an Uploader via the Website.

4. The Administrator does not grant any statutory warranty or quality guarantee for products and services sold via the Website by Uploaders and for products or services sold by the Administrator, unless consumer protections laws provide for otherwise.

5. To the maximum extent permitted by law, the Administrator does not guarantee and is not responsible for the quality, import, export, distribution, marketing, display and future use of any of the services or products, nor is the Administrator responsible for any potential infringement of third-party rights resulting from the use of any services or products available via the Website.

6. Any liability of the Administrator to Users who are entrepreneurs shall be limited to the amount of USD 500. The above sentence shall not release the User from the obligation to prove and document the damage suffered by the User who has the obligation to report their claim within 14 days as of the date on which the claim occurred and was reported. In the countries where limitation of liability towards consumers is permitted, the provisions of the previous sentence shall apply respectively, which means that the Administrator’s liability to them shall be limited for any pecuniary losses to the amount of USD 500.

7. Limitations and liability and its complete exclusion pursuant to the accepted Terms of Use refer to the maximum interpretation permitted by law and shall be in force regardless of the fact if the Administrator has been notified of the damage.

XI. Liability of the User

1. The use of reserved trademarks by the Users using the Website must not infringe the protection rights of entities entitled to the trademark and may take place only for description, or information purposes or to express permitted criticism.

2. The use (even indirect) of copyrighted materials of third parties by Users on the Website may take place only upon the consent of the entitled parties or only within the permitted use. It is permitted for Users to share (even indirectly) content to which they have copyrights, unless it does not infringe any third party rights.

3. The User shall be held solely liable for infringement of copyright, industrial property rights, personal interests and other rights connected with transmitting, sharing, publishing, distribution, storage, etc. of specific data, as well as for violation of the applicable laws and regulations or the provisions of these Terms of Use.

4. You shall be held liable for any actions or failures to act of any other entity with which you share your Account or the opportunity to use the services provided by the Administrator, as if they had been your own actions or failures to act.

XII. Countering breaches of the law (notice and takedown procedure).

1. A person whose right was infringed by data posted (stored, transmitted, etc.) on the Website by the User shall have the obligation to notify the Administrator thereof (to the following e-mail address: [email protected] or by registered mail to the address referred to in Clause I of these Terms of Use next to the definition of the “Administrator”, by indicating and submitting:

a) Exact location of the data,

b) The infringed right,

c) The circumstances and evidence that make the right of action to take legal action in relation to the infringed right probable, together with a statement under the penalty of perjury that the he or she is the only person entitled to the data which the person found on the Website and the User is not entitled thereto (the statement should be submitted in writing to the address referred to in Clause I hereof, next to the definition of the term “Administrator”, and a scan of the statement should be sent to the following e-mail address [email protected]),

d) His or her contact data which shall include but not be limited to his or her first name, surname, address of the registered office or place of residence, e-mail address,

e) Statement on the consent to the processing of personal data for the purposes of the notice and takedown procedure - the statement should be submitted in writing to the address referred to in Clause I hereof, next to the definition of the term “Administrator”, and a scan of the statement should be sent to the following e-mail address [email protected].

2. After receiving a credible notification referred to in the previous Subclause, the Administrator shall immediately block access to the data specified in the notification (which shall include but not be limited to deleting it) and, if possible, the Administrator will notify the User who placed the data on the Website that the notification has been received and of the charges raised by the third party.

3. The User who received the notification referred to in Subclause 2 above may take a position thereon and present the evidence that confirms the User’s rights to distribute, share, etc. the data.

4. The User and the person who notified the Administrator that his or her rights had been infringed shall make effort to resolve the dispute in a loyal and amicable manner as regards his or her rights to the data placed/shared on the website by the User. If the parties do not reach an agreement, the data covered by the dispute, depending on the arrangements, will be:

The agreements of the parties under which it will be acceptable to restore the data on the Website shall require written statements of both parties which shall be signed by authorized persons and the originals of which shall be sent by registered mail to the address referred to in Clause I hereof next to the definition of the term “Administrator”. Until the above statements are sent, the data may not be restored on the Website.

5. If it is not possible to identify the User who shared, distributed, etc. the data of the third party on the Website, the User does not take a position on the notification on the complaint of the third party within 14 days as of the date on which the notification by the Administrator was sent to the User’s e-mail address, or does not submit evidence within this period that he or she has the right to share, distribute, etc. the data, the data will be deleted from the Website irrevocably.

6. If an official notice or reliable information on the illegal nature of the data available on the Website is received, the Administrator shall immediately prevent access to the data.

7. The Administrator may also delete certain data or prohibit transmission, sharing, storing, etc. of certain data on its own initiative, if the Administrator receives reliable information on the illegality or unlawfulness of the data.

XIII. Termination

1. The agreement between the Administrator and you is concluded for an indefinite period of time. Both you and the Administrator have the right to terminate the agreement. There is no minimum period of your obligation.

2. The Administrator terminates the Agreement by deleting the User’s Account or by permanently blocking the User’s access to the Website. The Account may be deleted or the User’s access to the Website may be permanently locked after 14 days have passed as of the date on which the information including the termination notice/notice on blocking the access was sent to the User’s e-mail address. However, in the event of your gross breach of the provisions hereof, which shall include but not be limited to your infringement of copyrights or personal interests of third parties, the Administrator may terminate the agreement with immediate effect by immediately deleting the User’s Account or permanently blocking the User’s access to the Website.

3. The User terminates the agreement by deleting his or her Account. You may terminate the agreement with the Administrator within 14 days as of the execution hereof. After 14 days you may terminate the agreement at any time by ceasing to use the Account, which shall include but not be limited to refusing to accept changes to the Terms of Use, by clicking the relevant link in the settings of your Account or by sending a request for deletion of the Account to the Administrator’s e-mail address. The Administrator shall have the obligation to immediately delete the Account, within 4 days as of the date on which the Administrator received the User’s request. After an ineffective expiration of the above term, the agreement shall be terminated.

4. Any transactions entered into between you and an Uploader during the notice period shall be valid. Any settlement related thereto shall be made during the notice period or after the termination of the agreement. The same shall apply to the situation where a Model is purchased by the User before the agreement is terminated, and the settlement did not take place before the termination of the agreement.

XIV. Final Provisions. Complaint Procedure.

1. The “Privacy Policy” Appendix shall be an integral part of these Terms of Use, binding all registered Users.

2. Any data collected by the Website’s Administrator in connection with the Website’s operation shall be processed pursuant to the Privacy Policy, to which you agree when you accept the Terms of Use.

3. Any communication with the Website’s administration should take place via e-mail to the e-mail address: [email protected].

4. Any comments on breaches of the provisions of the Terms of Use by Users may be reported to the Administrator to the following e-mail address: [email protected].

5. You have the right to file complaints about services provided by the Administrator via the Website. Complaints should be filed in the electronic form to the e-mail address: [email protected]. Complaint will be examined within 7 days as of the date on which they are received by the Administrator. A report of an objection in the complaint procedure should include the User who files such an objection, detailed information on irregularities and specification which solution will be the most satisfactory to the User. A reply to a complaint shall be sent to the e-mail address from which the complaint was sent or to any e-mail address given by you.

6. You may not transfer any of your obligations or amount due under this agreement (under these Terms of Use) with the Administrator to any third party without the Administrator’s consent.

7. Any provisions which are held to be invalid or ineffective shall not affect the validity of other provisions. Such invalid provisions shall be replaced with valid provisions which better reflect the economic purpose, intention of the parties and the purpose of ineffective provisions.

XV. Promotional period

1. In the period before 31 July 2016, the Administrator agrees to grant a coupon for USD 100 to any User who will sign up on the Website, create an Account and buy a Skriware printer during that period.

2. You may use the coupon by 31 July 2016. The promotion expires thereafter and any unused coupons will not be accepted by Uploaders.

3. Each User may receive and use only one coupon for each Skriware printer purchased. You may not give the coupon to any other User.

4. The coupon may only be used to purchase a Model or Models on the Website.

5. The coupon is electronic money.

6. It is absolutely prohibited to use the coupon to purchase a Model from yourself.

7. Any attempts to use the coupon contrary to its purpose, any attempts to misuse it, in particular in order to obtain cash from the coupon by the User or causing damage to the Administrator’s assets shall be forbidden. A breach of the above prohibition shall result in immediate deletion of the User’s Account and a ban on any further use of the coupon.

8. The coupon may not be redeemed for a cash equivalent.