Terms and Conditions

Terms of Service
Last updated: April 2020

CadMesh.com with its principal place of business at Brazil, represented by DCG 3D (NIRE: 31-8-1374898-0), registered company in accordance with the laws in force in that country.
The following are terms and conditions of a legal agreement between you and DCG 3D and its affiliates (collectively, “DCG 3D”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“CadMesh Services”, “DCG 3D Services” or “Services”) and the use of www.cadmesh.com (the “CadMesh Website”, “DCG 3D Website”, “CadMesh.com”, “Provider” or “Website”). By using the DCG 3D 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 and Conditions, you should not use the DCG 3D Services and Website.

Preamble
The Provider provides an infrastructure on CadMesh.com, which should facilitate the User to transform electronic files from one format into another using file converter software.

General and Application
Following Terms and Conditions apply to every business relation between the Provider and the User as Customer.
Consumer/User means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.

Service Description
The Provider provides an infrastructure on CadMesh.com, which should facilitate the Customer to transform electronic files from one format to another using file converter software as well as to store those files on internet servers and local computers.
The Provider performs for its Customer through the website CadMesh.com extensive technical server services, hosting services and conversion services. In this way, downloading and uploading files in various formats are allowed through the server of the Provider.
The download includes the downloading of files for the permanent or temporary storage on a data carrier. This includes the possibility to download input files from other serves for further conversion.
The upload includes the providing files of the Customer in order to storage them on the server of the Provider.
In general, the services provide a user the ability to transform a file (“User File”) from its original file format to a user-selected file format. The services operate by storing the uploaded User File on a server or local computer, converting it into a different file format (“Converted File”) and then providing the user a unique, non-guessable download link to the Converted File. The Converted File availability and download link may vary and the Provider reserve the right to remove the file from the server at any given moment without further notice to the Customer.
The Customer acknowledges and agrees that the Provider will not be responsible for the deletion of a User File or Converted File stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a User File or Converted File.
While the Provider tries to ensure that, the services are error free, the Provider cannot guarantee that User Files or Converted Files will not be deleted, lost or be error free. The Customer acknowledges and agrees that the Provider will not be responsible for any failure of the services to convert a User File or store a User File or Converted File.
There is no warranty for any damage or data loss directly or indirectly caused by the use of this service. The service is available through an unencrypted connection.
There is no guarantee that the model conversion service works as advertised, that it supports a particular format or format feature and that the result/output data is semantically identical to the input data. CadMesh.com will make reasonable efforts to convert the data accurately but does not accept liability for its accuracy.
CadMesh.com does not accept any liability for the data submitted or for the resulting converted data. It is solely the Customer’s responsibility to determine the suitability of the data for its intended purpose.
If the data submitted for conversion is corrupt or unsuitable for conversion, CadMesh.com will communicate you that the model is not suitable for conversion. In order to be suitable for conversion a model must be watertight. Submitted models with structural issues (Holes/Gaps, Flipped Normals, Intersecting/Overlapping Triangles, Bad Edges, Noise Shells, Manifolds, among others issues) are considered unsuitable for conversion.
The Provider provides free services as well as paid services. CadMesh.com has the right to change Packages and Prices without any notice.
 
Account Terms
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use CadMesh.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.

Use of the 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 Generated Content) rests with DCG 3D 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 DCG 3D is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to the Service developed and provided by us; and all software associated with the Service. 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 DCG 3D. DCG 3D shall not be responsible in any way for the content of such other websites. DCG 3D provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by DCG 3D of the content of such websites.
Since the DCG 3D Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being 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, suspension of your access to the Website.
 
User generated content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website. All User Generated Content should not be or contain 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. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right. DCG 3D 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 DCG 3D.
Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grants to us 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.
 
General duties of the user
The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure its computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software.
The Customer is the sole responsible for the contents and for the accuracy of the transferred data.
The Customer is not allowed to submit a file with a renamed extension.
The Customer grant us a license for storing and processing the uploaded data in the chosen way.

Infringing Content Policy
Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on CadMesh.com.
For this purpose, the Provider requires detailed information. This information should content the following:
  A) A statement that contents at CadMesh.com infringe intellectual property rights of the user or of third parties who authorized the user to act on their behalf;
  B) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content;
  C) Full name, address, telephone number and email address of the user;
  D) A statement, that the user is either the copyright owner or a person authorized to act on their behalf;
  E) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorized person.
If desired that the complaint should be considered pursuant to the U.S. Digital Millennium Copyright Act section 17 paragraph 512(c), those requested in section 9 (1) shall be stated under penalty of perjury. Furthermore, an electronic or physical signature is also necessary under the above required information.

Refund
A full refund will be issued in case CadMesh is unable to convert a submitted file listed as a supported input file format.
A partial refund (50% of the paid amount) will be issued when the submitted file is not listed as a supported input file format. The supported file format list is available at cadmesh.com.
A partial refund (50% of the paid amount) will be issued when the submitted file is unsuitable for conversion due to structural issues (non watertight model).
A partial refund (50% of the paid amount) will be issued in case of violation of our Terms and Conditions.
The refund may take up to 3 business days to be issued.
The conversion service is automaticly canceled once a refund is issued.

Prohibited Content
DCG 3D strictly prohibits all users from uploading files of firearms of any kind. Users who attempt to upload or print files of firearms of any kind or parts/components of it will be banned from the DCG 3D network.

User conduct
DCG 3D does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct.

Indemnification
You agree to release, defend, indemnify, and hold DCG 3D and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms.
Change of the Website, the Services and these Terms and Conditions DCG 3D 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. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. 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, together with the Privacy Statement and any other policies, guidelines by DCG 3D represents 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 DCG 3D. No amendment of these Terms and Conditions shall be binding upon DCG 3D unless in writing and signed by DCG 3D. 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 these Terms and Conditions.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. DCG 3D MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.

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