Last Updated June 2011.
THE CUSTOM MINIS SERVICE IS IN A TRIAL PHASE, SO PLEASE UNDERSTAND THAT THE SERVICE MIGHT NOT BE COMPLETELY 'BUG' FREE. SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT ME AND I WILL DO MY BEST TO RESOLVE YOUR CONCERNS AS SOON AS POSSIBLE. SINCE I ALWAYS WANT TO FURTHER IMPROVE MY SERVICES, I WELCOME ALL FEEDBACK. CUSTOM MINIS MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
The following are terms and conditions of a legal agreement between you and “Custom Minis" and govern your use of the “Custom Minis Services” and the “Custom Minis Website”.
By using the Custom Minis Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these terms you should not use the Custom Minis Services and Website.
CUSTOM MINIS IS IN NO WAY ASSOCIATED WITH SHAPEWAYS. ANY ISSUES FOUND WITH MODELS RECEIVED MUST BE BROUGHT TO THE ATTENTION OF BOTH PARTIES, CUSTOM MINIS AND SHAPEWAYS. CUSTOM MINIS DOES NOT ACCEPT RESPONSIBILITY FOR ANY ISSUES: MANUFACTURING, TIME DELAYS OR OTHERWISE, THAT MAY COME ABOUT BY USING SHAPEWAYS.
Commission Requests and Ordering
You must be at least eighteen (18) years of age to use this Service.
1) Placing a Commission Request
To request the creation of a 3D model, you must use the Commission form found on this website. You must also accept the Commission Design and Description submitted by yourself is of your own creation. You must also agree to the Terms and Conditions found on this webpage.
SUBMITTING A COMMISSION REQUEST DOES NOT CREATE A CONTRACT BETWEEN THE TWO PARTIES TO FOLLOW THROUGH WITH A TRANSACTION OF PAYMENT AND/OR 3D MODEL CREATION.
2) Pricing
Price of Commissions will be determined by the submitted Commission Design and Description. After review of submitted Commission Design and Description, Custom Minis will contact the submitter with a Commission cost. Cost of a commission will not be lower than $25 USD.
3) Payment
Upon acceptance of Commission cost, the submitting party will be provided with a PayPal Payment Request. Work on the commissioned 3D model will not begin until payment from PayPal has been received and confirmed.
3) Cancellation
After PayPal payment has been received by the submitting party, the commission request CAN NOT be canceled with a monetary refund or any other form of refund. If the submitting party wishes to cancel the commission request after payment, they may submit a letter in writing and signed to Custom Minis. Please use the contact form to request address. If letter is received before 3D model completion and submission to Shapeways, work on the Commission Design and Description will be halted. Any future work requested on the Commission Design and Description will be treated as a new Commission Request and will be subject to new Pricing and Payment.1) Placing a Commission Request
To request the creation of a 3D model, you must use the Commission form found on this website. You must also accept the Commission Design and Description submitted by yourself is of your own creation. You must also agree to the Terms and Conditions found on this webpage.
SUBMITTING A COMMISSION REQUEST DOES NOT CREATE A CONTRACT BETWEEN THE TWO PARTIES TO FOLLOW THROUGH WITH A TRANSACTION OF PAYMENT AND/OR 3D MODEL CREATION.
2) Pricing
Price of Commissions will be determined by the submitted Commission Design and Description. After review of submitted Commission Design and Description, Custom Minis will contact the submitter with a Commission cost. Cost of a commission will not be lower than $25 USD.
3) Payment
Upon acceptance of Commission cost, the submitting party will be provided with a PayPal Payment Request. Work on the commissioned 3D model will not begin until payment from PayPal has been received and confirmed.
3) Cancellation
4) Removal of Models from Shapeways
Completed Commission Designs and Descriptions will not be removed from Shapeways unless they violate 3rd party intellectual property.
THE SUBMITTING PARTY OF THE COMMISSION DESIGNS AND DESCRIPTION AGREES THAT THEY WILL COMPENSATE CUSTOM MINIS FOR ANY LOSS OF INCOME FROM MODELS THAT MUST BE REMOVED FROM SHAPEWAYS RESULTING FROM THE USE OF ILLEGAL DESIGNS AND 3RD PARTY INTELLECTUAL PROPERTY NOT OWNED BY THE SUBMITTING PARTY.
Warranty
Custom Minis warrants only that the 3D model created by us will substantially meet the features of the indicated submitted Commission Design and Description within the limitations of the 3D modeling and printing technology. Custom Minis does not give any warranty in regards to the models and neither guarantees that the model will be fit for any particular purpose.
Custom Minis provides the Website and the Services “as is“ and “as available”. Custom Minis does not warrant that the use of the Website and the Services will be uninterrupted or error free.
CUSTOM MINIS MAKES NO WARRANTY OTHER THAN THAT MADE EXPRESSLY IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOM MINIS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PLEASE NOTE THAT THE MATERIALS USED BY SHAPEWAYS IN MANUFACTURING MAKE THE MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES. MODELS ARE NOT SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD/DRINKS AND SHOULD BE KEPT AWAY FROM HEAT.
Use of Custom Minis Website
Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Submitted Content) rests with Custom Minis, and its affiliated companies or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Custom Minis is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of Custom Minis. Custom Minis shall not be responsible in any way for the content of such other websites. Custom Minis provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Custom Minis of the content of such websites.
Since the Custom Minis Service is a web-based service, it might be subject to temporary downtime. Time to time we also update our website, so the site may not be available for a certain period of time. We will endeavor to ensure that the website operates reliably and consistently, but we do not warrant that the website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the website, or by suspension of your access to the website.
User Submitted Content (including but not limited to software, audio, video, text and photographs) may contain Intellectual Property, Copyrights and/or Trademarks owned by persons or companies other than Custom Minis. Custom Minis makes no claims to ownership of any form of 3rd Party property and only displays such property submitted to Custom Minis to show the use of the property in association with the use of Custom Minis 3D Designs and Prints. In no such way does Custom Minis claim ownership of associations with persons or companies owning 3rd Party Intellectual Property, and Custom Minis is not necessarily endorsed in any manner by 3rd Parties shown on the website.
Commission Design and Description
The term “Commission Design and Description” when used in this Terms and Conditions shall mean any content submitted to Custom Minis by you, including but not limited to all uploaded 2D designs, 3D designs, pictures of your 2D objects, pictures of any model, audio references, visual references, comments on the Website, specifications provided in your order for a 3D model creation for you based on your Commission Design and Description. )
All Commission Design and Descriptions should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe on any intellectual property rights.
Intellectual property rights means copyright, patent, registered design, design right, trade mark, trade secret.
Custom Minis has no obligation to review the Commission Design and Description and can in no way be held responsible for the content of the submitted Commission Design and Description. Opinions expressed in the Commission Design and Description are not necessarily the opinion of Custom Minis.
Intellectual Property Rights of 2D and 3D Design
You as a designer retain all your intellectual property rights in your Commission Design and Description. By submitting your Commission Design and Description, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your Commission Design and Description will not infringe the intellectual property rights of third parties. Should your Commission Design and Description nevertheless be found to be infringing and/or in violation of any law, you will defend Custom Minis against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Custom Minis with respect to such claims
By submitting your Commission Design and Description to the website, you grant Custom Minis an exclusive, royalty free worldwide transferable license on your design only to:
(i) create a 3D representation of your design that will be owned by Custom Minis;
(ii) grant Intellectual Properties rights of your submitted Commission Design and Description in the created 3D format for use of royalty free sale;
(iii) display the 3D representation of Commission Design and Description on the Shapeways Website for the profit of Custom Minis;
(iv) acknowledge the 3D representation of your submitted Commission Design and Description is the sole property of Custom Minis and that the submitter of original Commission Design and Description does not own and will not receive compensation of any form from sales generated by the 3D representation; and
(v) use and modify it for the creation of the 3D representation in order to fulfill your commission order and that of any other website user.
With regard to submitted Commission Design and Description: In order to protect owners of third party intellectual property rights, we retain the right to review and refuse any order when it, at our own discretion, appears to infringe upon third party intellectual property rights. Custom Minis also retains the right to refuse any commission request for any reason.
Limitation of Liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Custom Minis Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in this agreement. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
CUSTOM MINIS WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.
OUR MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY CUSTOM MINIS FOR THE SERVICES.
Nothing in this agreement shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
Applicable Law
These Terms and Conditions shall be governed by the laws of the United States of America. 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 Custom Minis Services or Website or relating to the models ordered and delivered, shall be brought to the courts of the United States of America. However this will not affect your rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence. )
Indemnification
You agree to indemnify and hold Custom Minis and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
Change of Website, Service and Terms and Conditions
Custom Minis reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.
Miscellaneous
These Terms and Conditions represent the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Custom Minis. No amendment of this agreement shall be binding upon Custom Minis unless in writing and signed by Custom Minis. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of this agreement.
Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to this e-mail address.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO RESOLVE COMPLAINTS AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. CUSTOM MINIS MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.
Shapeways Terms and Conditions
By using Custom Minis you have acknowledged that you have read and agree to abide by the Terms and Conditions presented by Shapeways here.
