Sewing Rocket Terms of Use and License for Etsy Digital File Sales
BLUE BARREL TERMS OF USE and license
IMPORTANT PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Blue Barrel Design Group, LLC (WHICH MAY OPERATE UNDER ASSUMED NAMES INCLUDING THE SEWING ROCKET AND BLUE BARREL SCIENTIFIC). BY DOING BUSINESS WITH Blue Barrel Design Group, LLC EITHER THROUGH ITS OWN WEBSITE (WWW.THESEWINGROCKET.COM) OR A THIRD PARTY WEBSITE, YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT DO BUSINESS WITH Blue Barrel Design Group, LLC.
The websites located at www.thesewingrocket.com (“Site”) contains copyrighted works belonging to Blue Barrel Design Group, LLC d/b/a Blue Barrel Scientific and The Sewing Rocket (“Blue Barrel,” and “Sewing Rocket,” “Company,” “us,” “our,” and/or “we”). These Sewing Rocket Terms of Use (“Terms of Use”) are a legally binding agreement between you, as an end-user of our Site or purchaser of our products through a third party (e.g. Etsy) (“User,” “you,” and/or “your”) and the Company. The Company provides services through the Site and third-party sites (e.g. Etsy.com), including but not limited to allowing Users to select digital designs that can be produced using additive manufacturing devices to create physical objects and provides text/graphical files (typically .pdfs) which include instructions and other literature. (“Design” or “Designs”). By accessing the Site, or doing business with us through a third party site, or using any of our Designs, you agree to be bound by these Terms of Use. Certain features of the Site or Designs may be subject to additional guidelines, terms, or rules, which will be posted on the Site or otherwise delivered to you. All such additional terms, guidelines, and rules are incorporated by reference into and made a part of these Terms of Use.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. It is your sole responsibility to maintain current knowledge of the Terms of Use. If you do not agree to be bound by the Terms of Use, please promptly discontinue use of this Site and stop doing business with us through a third party site.
- ACCOUNTS AND PAYMENT
1.1 Account Creation. In order to use certain features of the Site (e.g., to make store purchases), it may be required to register for an account with the Company (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) you are at least 18 years of age, (b) all required registration information you submit is truthful and accurate; and (c) you will maintain the accuracy of such information. You may delete your Company Account at any time, for any reason. The Company may suspend or terminate your Company Account in accordance with Section 10.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- SITE
2.1 License. If you purchase a Design, the Company grants you a nontransferable, nonexclusive, license, subject to these Terms of Use. You are only granted a License if you purchase the Design directly from Sewing Rocket or through a legitimate third party where we are represented as Blue Barrel Design Group, Blue Barrel Scientific, or The Sewing Rocket.
2.2 Certain Restrictions. The License granted to you in these Terms of Use are subject to the following restrictions: (a) you may not sell the physical item(s) you produce using the Design, and you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Design or License; (b) except for personal (non-commercial) use, you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer the Design; (c) in the event a derivative work is created, the derivative work shall be owned by Company; (d) you shall not access the Site for the purpose of building a similar or competitive service; and (e) except as expressly stated herein, no part of the Site or Design may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
2.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or the offering of Designs with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or use of any Design or any part thereof, except if otherwise provided for in this Agreement.
2.4 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 or Design.
2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site and Designs are owned by the Company. Nothing transfers to you or to any third party any right, title, or interest in or to such intellectual property rights. The Company reserves all rights not granted in these Terms of Use.
2.6 Consent to Use of Personal Data. By using our Site or licensing a Design, you agree that Company may collect and use personal data about you.
- FEEDBACK
3.1 Feedback. If you provide the Company any reviews or suggestions regarding the Site or Designs (“Feedback“), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate, including for promoting Company’s services or products. The Company will treat any Feedback you provide to the Company as nonconfidential and nonproprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
- INDEMNITY
You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of any Design; (b) physical objects produced using any Design; (c) your violation of these Terms of Use; or (d) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter relating in any way to any Design without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- DISCLAIMERS
YOU AGREE THAT THE designs ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, 3D PRINTERS HAVE DIFFERENT SIZE LIMITATIONS AND IT IS YOUR RESPONSIBILITY TO VERIFY YOUR EQUIPMENT IS CAPABLE OF PRODUCING, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. This includes THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION BASED ON our DESIGNS.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY, RISK, LIABILITY, AND DAMAGES ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM CREATION, ASSEMBLY, OR OPERATION OF PRODUCTS BASED ON OUR DESIGNS.
COMPANY ASSUMES NO RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES OR MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION ON LIABILITY
YOU AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR other damages ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, any design EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF Our DESIGNS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM. “OTHER DAMAGES,” AS USED IN This PARAGRAPH INCLUDE ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT Our LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE OR YOUR USE OF ANY DESIGN WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50); OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TERM AND TERMINATION
Subject to this Section, these Terms of Use will remain in full force and effect. We may (a) suspend or terminate your rights to use the Site (including your Company Account) or parts thereof, or, (b) terminate these Terms of Use, at any time for any reason at our sole discretion. Upon termination of these Terms of Use, your Company Account and right to access and use the Site will terminate immediately. The Company will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your Company Account or deletion of your User Content, which includes, but is not limited to user reviews and user uploaded photos of printed products and products in use . Even after these Terms of Use are terminated, the following provisions will remain in effect: Sections 4, 6, 7 and 10.2.
- USER CONTENT
“User Content” means any and all information and content that a User submits to, or uses with, the Site (e.g., content in the User’s profile or postings). You are solely responsible for your User Content, and you assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content by you that makes you or any third party personally identifiable. The Company is not obligated to backup any User Content and User Content may be deleted at any time.
By submitting User Content through the Site, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, edit, modify, reproduce, distribute, display, and otherwise fully exploit the User Content in connection with the Site, and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels (including, without limitation, third party websites and feeds).
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any copyrights, contract rights, or any other intellectual or proprietary rights.
- INTELLECTUAL PROPERTY INFRINGEMENT
We will terminate the accounts of users who infringe our intellectual property or violate any term herein.
- GENERAL
10.1 Changes to Terms of Use. These Terms of Use are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Governing Law and Venue. These Terms of Use shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms of Use or the Site (a “Claim“) must be brought in a federal or state court located in Amarillo, Texas, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, the Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
10.3 Entire Agreement. These Terms of Use, and any supplemental terms, policies, and guidelines incorporated herein constitute the entire agreement between you and us regarding the use of the Site and use of Designs. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an end user, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms of Use shall be binding upon assignees.
10.4 Refunds and Returns. Once purchased, Designs may not be returned nor will refunds be issued.