(Last updated: 17th January 2019)
IMPORTANT: Please read this document carefully, it is a binding agreement that you accept when you register for or use my3DPM.
By using the Services, you acknowledge you have read, understood, and agree to be bound by these Terms of Service and further to comply with all applicable laws and regulations. You certify that any 3D file or 3D model you uploaded to the my3DPM Website does not violate any federal or state law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms of Service, you should not use the Website, Applications, or Services.
NOTE: my3DPM is providing a platform for Users to share designs. We do not control or own your designs. The my3DPM Services are made up of different services provided throughout the Website. One of our Services enables you to upload a 3D file to our Website. We will ask that you follow certain ground rules when using my3DPM.
my3DPM.com is an online marketplace that allows Users to purchase, offer for sale, or share for free designs for the purposes of 3D printing and personal use. If you want to turn your 3D Model into reality, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you (i.e., print it with 3D printing technology) in our materials and ship it to you. You can also order models designed by other my3DPM members: my3DPM allows you to browse the Website for models and to place an order for the manufacturing of an available model.
Further, my3DPM offers other services and community features through the Website including a forum, a blog, tutorials etc. where you can get in touch with other users or share your experiences or tips and tricks of the trade, subject to these terms and conditions.
You may use the Services in several capacities including, Buyer, Seller, or Content Contributor. You understand and agree that my3DPM is not a party to any agreement, nor do we have an ownership interest or right to control intellectual property of our Users.
By creating an account, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only use my3DPM.com with the supervision of your parent or guardian. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the Service eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions comply with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To use some Services, you must register an account on the Website. You must provide current, accurate identification, contact, and other information that may be required as a part of the Account registration process and/or continued use of the Service, and you must keep such Account information Updated.
You will be asked to create a username and password. Credentials you create must be your own and may not be offensive or vulgar. These Credentials should be treated as confidential, and you should refrain from disclosing them to any other person or entity. You also acknowledge that you are responsible for maintaining the confidentiality of your Service password and Account and are solely responsible for all activities that occur on your account. You agree to notify us immediately of any changes in your eligibility to use the Services, breach of security, or unauthorized use of your Account. We will not be liable for the loss or damage from your failure to maintain the security of your Account and password.
You agree that my3DPM has the right to refuse services or to terminate service of any user at any time, for any reason, without notice. You shall have the ability to delete your Account either directly or by request at any time.
NOTE: When you sign up with my3DPM we ask you to be nice to other Users and be respectful. In addition, we ask you to take responsibility for your use of my3DPM and not break any laws and as outlined below.
All users shall observe all policies found in our Acceptable Use Policy. Additionally, all Users agree they shall be responsible for:
Ensuring that all persons who access the Website through your account are authorized by you to do so and are aware of these Terms of Service and shall comply with them.
Payment of all fees, including taxes, associated with your use of my3DPM and your purchase of User content. Further, you agree that all sales for Content downloaded or streamed are final sales.
Payment of applicable processing fees shall be applied to payments to Users. By agreeing to these terms, you are giving Digital Data permission to charge this fee and are fully aware that it is part of the transaction between yourself and another User.
Ensuring that all Listings and Content comply with all applicable federal, state, local and international laws and regulations.
The term “User Generated Content” when used in the Terms of Service shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D Models or comments and posts on the Website. No User Generated Content should 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 mean copyright, patent, registered design, design right, trademark, trade secret, or any other proprietary or industrial right.
Digital Data 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 Digital Data. In order to keep Digital Data and the Website appropriate for a general audience and to cooperate with Intellectual property rights we depend on our “Acceptable Use Policy”.
With the exception of your actual 3D Models, which are referenced below, by submitting User Generated Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, sublicensable 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 applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Generated Content through the Website and share your User Generated Content on blogs and social media, provided such sharing prominently links back to the model page on my3DPM.com and is not done on a site that competes directly or indirectly with my3DPM.com. For clarity, the foregoing license does not affect your other ownership or licensing 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 license 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 or proprietary rights.
4.1 Placing an order.
To order the 3D Model you designed or another 3D Model you found through our Services, you select the 3D Model. Then you can select the quantity of the 3D Model you order and the material you want the 3D Model to be made of. As the next step, we ask you to provide us with information we need for the delivery of the 3D Model. Finally, you will be prompted for information required to initiate the payment. Depending on the payment method you select you will be redirected to a third-party payment provider website. Please be informed that the language to be used during the whole ordering process is English.
4.2 Unacceptable orders, cancellation of orders by us.
If a 3D Model is available through our Website, the default assumption is that it can be produced. There are, however, technical or other reasons why Digital Data may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, the unfeasibility of the model, an infringing feature of your 3D Model (see our Copyright
and DMCA Policy), or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
The prices displayed on the Website are only indications and are valid only for the moment that they are displayed. Digital Data reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any monies paid related to that order will be refunded to you.
4.4 Payment and price.
The amount indicated on the ordering page includes the fee for the service (such as printing and packing the model), the price for the materials used to produce the 3D Model, and the mark-up charged by the designer. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). If you pay in a currency that is different from the denominated currency of Malaysian Ringgit, your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to Digital Data.
You can initiate your payment for your order via credit card or Internet Banking for banks connected to the Malaysia FPX service. You will be directed to the payment gateway website to complete the transaction.
For orders paid for via credit card, Digital Data will begin production after authorizing and holding payment. For orders paid for via Internet banking, Digital Data will begin production after the funds arrive in the Digital Data bank account.
After accepting your order, we will send you an order confirmation by e-mail to the address associated with your my3DPM Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will contact you by email. You should verify the details in the confirmation email. If there are errors, you should contact us as soon as possible by sending an email to customer service (hyperlink: firstname.lastname@example.org ).
4.6 Order Tracking
Through the shipping company Website, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc.
Your order will be delivered to your shipping address. Unfortunately, we deliver to addresses within Malaysia at the moment. We will use our commercially reasonable efforts to ship the 3D Model to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from Digital Data to the shipment carrier (FOB Shipping Point, EX Works).
4.8 Cancellation of your order, return of 3D Models
Due to the personalized nature of our Services (i.e. the 3D Model is supplied by us based on your specifications), you cannot cancel your order after it goes into production.
4.9 Content Policy violations.
If we determine that your model violates our Copyright and DMCA Policy prior to printing, we will refuse to print the model and issue a refund. If we determine that your model violates our Content Policy after it has been printed, we will not ship the model and may not issue you a full refund.
Digital Data warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. You maintain sole legal responsibility for the design specifications and performance of the 3D Model that is the subject of this transaction. Digital Data does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D Model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us at email@example.com within 5 days after receipt of the 3D Model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the 3D Model. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 5 days, we will assume the 3D Model meets your specifications and performance requirements. Models you have designated as “Print it Anyway” or its equivalent are not eligible for replacement or refund.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation 3D Models) contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE NOTE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC MATERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE 3D MODELS MAKE THE 3D MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE 3D MODELS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE 3D MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the 3D Model.
NOTE: my3DPM owns the IP for the site and things we create. You own your IP only.
You, as a designer, retain all intellectual property rights in your 2D Models, including without limitation any and all derivative works, for example 3D renderings. Except for the rights and licenses with respect to your 3D Models specified below, Digital Data shall not use, modify, or display your 3D Models or variations thereof. By uploading your 3D Models to my3DPM.com, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
By uploading your 3D Model to the Website, you grant Digital Data a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license to display your 3D Model and any renderings or pictures on the my3DPM Website. By removing your 3D Model from the Website, you terminate all licenses granted to Digital Data and its users to such 3D Model.
Digital Data, my3DPM, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
NOTE: my3DPM is a platform for Users to buy, share, and sell designs. We can't screen everything that gets posted or everything linked to my3DPM. It is up to you to help my3DPM be the effective community it can be.
We do not warrant the accuracy, completeness or usefulness of any information, content or listings provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, site users, and other third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
NOTE: We make an effort to only work with trusted partners, ultimately if something goes wrong with a third-party service outside my3DPM you will need to have them correct it.
Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Digital Data 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, provided that it is attributed to my3DPM. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Digital Data is unlicensed by Digital Data. 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 or to drive traffic to a specific model or shop page in order to manipulate where that model or shop appears on the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
Our Website may contain links to other sites and resources provided by third parties not under the control of Digital Data. These links are provided for your convenience only, the inclusion of any link to any such website does not imply endorsement by Digital Data of the content of such websites. Digital Data shall not be responsible in any way for the content of such other websites. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
my3DPM is a web-based service, as such it may be subject to temporary downtime including updates to our Website. We will do our best to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We do not guarantee that any content will be made available on the Website or through the Services.
We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any content (including without limitation any 3D Models) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any content (including without limitation any 3D Models) from the Services.
We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.
NOTE: You can stop using my3DPM whenever you want. my3DPM can also shut down your account for not following the rules.
my3DPM may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your my3DPM account, or you may simply discontinue using the Website, it is at your discretion. Additionally, my3DPM can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
NOTE: It's the internet, and viruses and service interruptions happen. We ask that you take responsibility for protecting your data.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty or obligation to take any action regarding (i) which users gain access to the Services; (ii) what content you access via the Services; or (iii) how you may interpret or use the content. You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
We use a third-party payment gateway provider (the “Payment Gateway Provider”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Gateway Provider in addition to these Terms and Conditions. We are not responsible for error by the Payment Gateway Provider. By choosing to use Paid Services, you agree to pay us, through the Payment Gateway Provider, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Gateway Provider, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Gateway Provider, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT GATEWAY PROVIDER IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE. IF YOU
FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of sales and services taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
You shall defend, indemnify, and hold harmless us, our affiliates, vendors, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your User Generated Content, 3D Models, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. This indemnity also includes shop owners who make available models that can be customized by you in the event that a claim is brought against that shop owner for modifications to the model initiated by you.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING) , (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEE RECEIVED FROM YOU BY DIGITAL DATA FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) RM250.00.
This Agreement and any access to or use of the Website shall be interpreted and governed by the laws in force in Malaysia. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Services, including disputes relating to the validity thereof, and any disputes related to the use of the Website, shall be governed by the exclusive jurisdiction of the courts of Malaysia.
Our failure to enforce any portion of these Terms of Services shall not constitute a waiver of our right to later enforce that or any other parts of these Terms of Services. In order for any wai
of compliance with these Terms and Conditions to be binding, an authorized representative of Digital Data must provide you with written notice of such waiver. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Notes appearing throughout are meant to provide a plain-English explanation of the purposes of certain provisions found in this agreement. They are meant as a supplemental tool. In the event of any conflicts in interpretation, the body of the Service Agreement shall control. The section and paragraph headings in these Terms of Services are for convenience only and shall not affect their interpretation.
Digital Data requires that all users of my3DPM.com (the “Website” or "Service") conduct themselves with respect for others. We hope to promote a friendly and engaged community.
To avoid confusion, we have listed out some rules, this list is not exhaustive, and we expect you to use good judgment and common sense. Specifically, please observe the following rules in your use of the Service in all your interactions, transactions and use of Content. Violation of any of the below rules or activities in contrast with the ideals of the Website may, at our sole discretion, lead to termination or limitation of your account.
1.1 Abusive Behavior: Do not harass, threaten, incite, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group. Do not post Content that has no merit or purpose other than to be offensive.
1.2 Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
1.3 Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder. Do not exceed the scope of the license of intellectual property granted to you by other users, as discussed in licensing terms below.
1.4 Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
1.5 Spam: Do not send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way.
1.6 Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
1.7 Violations of Law: Do not violate any law.
my3DPM.com is a marketplace that facilitates transactions between users. We don’t take an ownership interest in your Content beyond the limited license you grant us for purposes of this Service. What 3D designs you post, or sell is up to you -- however there are some things we reserve the right to delete or remove at our sole discretion:
Content that violates the rights of a third-party;
Content that resembles a weapon or their accessories;
Content that promote or represent hatred, racism, violence, abuse, threats or obscenities; or
Content that we otherwise find to be unacceptable.
We request that you both respect the intellectual property rights of others and ensure that you take adequate and proper responsibility for protecting your intellectual property rights. Digital Data reserves the right, at our sole discretion, to remove content we feel violates these Policies. We do not undertake to review all content posted, if you feel anything posted violates these policies or our Terms of Service please notify us immediately. We are under no obligation to remove content whether or not it is so reported with the exception of reports made under the Copyright and DMCA Policy.
1.1 User Content. User Generated Content shall mean all information and content that a user submits to my3DPM.com or otherwise uses in conjunction with these Services -- including but not limited to your uploaded 3D Models, your photos of the 3D Models, your comments, your profile, your listings, etc. You understand that you are solely responsible for your User Generated Content. Further, you assume all risks associated with use of your User Generated Content and are responsible for its accuracy, completeness or usefulness when others use it. You hereby represent and warrant that your User Generated Content does not in anyway violate the Terms of Service or related policies. You may not state or imply that your User Generated Content is endorsed or vetted by Digital Data or my3DPM.com.
1.2 Further Obligations Regarding User Content. Digital Data endeavors to maintain Services at optimum levels, however, we are not obligated to backup any User Generated Content and User Generated Content can be deleted at anytime for violations of our Terms of Service or related policies. You are solely responsible for creating backup copies of your Content.
1.3 Grant of License to Content. You hereby grant, and you represent and warrant that you have the right to grant, to Digital Data, an irrevocable, nonexclusive, royalty-free and fully paid, transferable and assignable worldwide license to reproduce, distribute, publicly display and perform, and otherwise use your Content, and to grant sublicenses of the foregoing, solely for the purposes of providing our Services.
1.4 License in Design Content Granted to Other Users. In addition to the limited license you grant my3DPM, when you upload certain Content to my3DPM, you may allow Users to "download" your Content under payment and licensing terms that you shall determine. The licensing terms will govern how other Users may use your User Content.
1.5 AUP Policies Apply to Design Content. As stated previously, all expectations of our Users in observing standards of respect also extends to all User Generated Content offered. For purposes of clarity, you agree not to use my3DPM to collect, upload, transmit, display, or distribute any User Generated Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other proprietary right; (ii) that is unlawful, abusive, tortious, harmful, invasive of privacy rights, vulgar, false, intentionally misleading, trade libelous, patently offensive, promotes physical harm of any kind, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable; (iii) that is harmful to minors; or (iv) that is in violation of any law, regulation, or rights of a third party.
Violation of this Acceptable Use Policy (this "AUP") may lead to suspension or termination of the user’s account and/or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Digital Data reserves the right to take any other remedial action we see fit.
Digital Data requests that anyone with information about a violation of this AUP report it via e-mail to the following address: firstname.lastname@example.org. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
Digital Data may change this AUP at any time by posting a new version on this page and you are expected to visit and review this page regularly. The newest posted version will become effective on the date of such notice.
As specified in our Terms of Services, the creator of a 3D design holds the copyrights to the content. We wish for the my3DPM community to share their creativity through ideas, designs, and commentary. Sharing your work through my3DPM.com does not transfer the rights to your models to other parties including Digital Data. If you believe that User listings or Content violates your copyright, please review the Procedure below for instructions on sending us a notice of copyright infringement. We do take copyright seriously and are legally obligated to respond to any notices of copyright infringement we receive. It is the policy of the Company to terminate the user accounts of repeat infringers.
If you believe that any material on the Website is in violation of any copyright or other intellectual property rules or laws, please contact us so that we may address the issue.
Digital Data is the owner and operator of my3DPM.com. Please contact Digital Data’s Designated Agent for copyright takedown notices ("Designated Agent") at the following address: Contact Designated Agent by email email@example.com or at
Digital Data Sdn Bhd
06-02 Plaza Azalea
40000 Shah Alam
Selangor Darul Ehsan
** Procedure for Reporting Copyright Infringement
If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement to the Designated Agent at the address above. Upon receipt of the notice, we will work expeditiously to disable access to the model on our site. Pursuant to Section 512 (c)(3)(A) of the Digital Millennium Copyright Act, a takedown request must include all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Digital Data is capable of finding and verifying its existence (in most cases this will be the URL of the product page);
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided in the notification is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
In all cases, if you do not receive a response from the Designated Agent within 10 days of submitting a complaint, please contact the Designated Agent again to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties and delivery of physical mail may be delayed without notice due to any number of unforeseen circumstances.
Upon receipt of a takedown request, Digital Data will make reasonable attempts to inform the potentially infringing user of the notice for removal, the reason for the removal, and may provide the potentially infringing user with a copy of the notice after removing any contact information of the submitter. Digital Data will endeavor to remove the potentially infringing content in a timely manner. We take our Users’ privacy seriously and will not disclose personal information regarding copyright takedown requests unless legally obliged to do so by a court order.
Filing a takedown notice against a 3D Model is a formal legal action that can have consequences both for the person filing the notice and the person receiving the notice. We strongly encourage you to research the law and/or consult an attorney to fully and accurately understand your rights before filing a formal takedown request. Please note that any person who knowingly materially misrepresents that material, Content or activity is infringing may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to User-uploaded content, Digital Data may make public any notices of infringement received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing or disabling access to the material or Content pursuant to a valid infringement notice, Digital Data will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Digital Data reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of an infringement notification.
** Procedure for Filing a Copyright Counter-Notice
If you believe you are the wrongful subject of an infringement notification, you may file a counter-notification with Digital Data. As with the original takedown request, filing a Counter-Notice is a formal legal action with consequences both for the person filing the notice and the person receiving such notice. We strongly encourage you to research the law and/or consult an attorney to fully and accurately understand your rights before filing a formal takedown request.
Pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, a Counter-Notice must supply the following information to the Designated Agent at the address above:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement, under penalty of perjury, that the you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, and that you will accept service of process from the person who
provided notification under Section 512 (c)(1)(C) of the Digital Millennium Copyright Act or an agent of such person.
Upon receipt of a valid counter-notification, Digital Data may forward it to the submitter of the original infringement complaint. The original Notifying Party (or the intellectual property owner he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Digital Data does not receive any such notification within ten (10) days, we may in our discretion restore the material to the Services.
1.2. "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include name, identification number and contact information.
2.1. We will/may collect personal data about you:
(a) when you register and/or use our Services or Site, or open an account with us;
(b) when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
(c) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
(d) when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails;
(e) when you use our electronic services or interact with us via our application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
(f) when you carry out transactions through our Services;
(g) when you provide us with feedback or complaints;
(h) when you participate in our forum;
(i) when you contribute to our blogs;
(j) when you register for a contest; or
(k) when you submit your personal data to us for any reason.
The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
2.2. When you visit, use or interact with our mobile application or the Site, we may collect certain information by automated or passive means using a variety of technologies, which technologies may be downloaded to your device and may set or modify settings on your device. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), and the pages you visit on our website and mobile applications and the times of visit. We may collect, use disclose and/or process this information only for the Purposes (defined below).
2.3. Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc.. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.
3.1. The personal data that Digital Data may collect includes but is not limited to:
(b) email address;
(c) date of birth;
(d) billing address;
(e) bank account and payment information;
(f) telephone number;
(h) industry you are working in;
(i) the position you are holding in the company;
(j) any other information about the User when the User signs up to use our Services or website, and when the User uses the Services or website, as well as information related to how the User uses our Services or website; and
(k) aggregate data on content the User engages with.
3.2. If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing about it. Further information on opting out can be found in the section below entitled "How can you opt-out, withdraw consent, request access to or modify information you have provided to us?". Note, however, that opting out of us collecting your personal data or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services. For example, opting out of the collection of location information will cause its location-based features to be disabled.
In order to use certain functionalities of the Services, you will have to create a user account which requires you to submit certain personal data. When you register and create an account, we require you to provide us with your name and email address as well as a user name that you select. We also ask for certain information about yourself such as your telephone number, email address, shipping address, photo identification, bank account details, age, date of birth, gender and interests. Upon activating an account, you will select a user name and password. Your user name and password will be used so you can securely access and maintain your account. DO NOT SHARE YOUR USER NAME AND PASSWORD WITH A THIRD-PARTY.
As with most websites, your computer sends information which may include personal data about you that gets logged by a web server when you browse our Site. This typically includes without limitation your computer's IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our site.
6.1. We may from time to time implement "cookies" or other features to allow us or third parties to collect or share information that will help us improve our Site and the Services we offer or help us offer new services and features. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or website are used or visited, by how many people and to track movements within our website. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and pages you have viewed. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor website usage.
As with browsing web pages, when you watch content and advertising and access other software on our Site or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your computer sends us information on the content, advertisement viewed and/or software installed by the Services and the website and time.
8.1. We provide customer service support through email, SMS and feedback forms. In order to provide customer support, we will ask for your email address and mobile phone number. We only use information received from customer support requests, including, without limitation, email addresses, for customer support services and we do not transfer to or share this information with any third parties.
8.2. You can also post questions and answer other User questions in our community forums. Our forum and messaging services allow you to participate in our community; to do so, we maintain information, such as your user ID, contact list and status messages. In addition, these and similar services in the future may require us to maintain your user ID and password.
8.3. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on our servers if you so request, as described in “Opting-Out and Unsubscribing” below.
From time-to-time, we may request information from Users via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose your information to us. Information requested may include, without limitation, contact information (such as your email address), and demographic information (such as interests or age level). Survey information will be used for the purposes of monitoring or improving the use and satisfaction of the Services and will not be transferred to third parties, other than our contractors who help us to administer or act upon the survey.
10.1. We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(a) to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;
(b) to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;
(c) to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;
(d) to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
(e) to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;
(f) to enforce our Terms of Service or any applicable end user license agreements;
(g) to protect personal safety and the rights, property or safety of others;
(h) for identification and/or verification;
(i) to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
(j) to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;
(k) to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(l) to inform you when another User has sent you a private message or posted a comment for you on the Site;
(m) to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyze how you use our Services, to improve our Services or products and/or to enhance your customer experience;
(n) to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with my3DPM’s Services;
(o) where you give us your prior consent, for marketing and in this regard, to send you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom my3DPM may collaborate or tie up with) that my3DPM (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future;
(p) to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on Digital Data or on its related corporations or affiliates;
(q) to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
(r) to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
(s) to audit our Services or Digital Data's business;
(t) to prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;
(u) to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
(v) to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves Digital Data as a participant or involves only a related corporation or affiliate of Digital Data as a participant or involves Digital Data and/or any one or more of Digital Data's related corporations or affiliates as participant(s), and there may be other third party organisations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization; and/or
(w) any other purposes which we notify you of at the time of obtaining your consent. (collectively, the “Purposes”).
10.2. As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.
In a typical transaction, Users may have access to each other’s name, user ID, email address and other contact and postage information. Our Terms of Service require that Users in possession of another User’s personal data (the “Receiving Party”) must (i) comply with all applicable Privacy Laws; (ii) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.
13.1. In conducting our business, we will/may need to disclose your personal data to our third-party service providers, agents and/or our affiliates or related corporations, and/or other third parties, for one or more of the above-stated Purposes. Such third-party service providers, agents and/or affiliates or related corporations and/or other third parties would
be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation:
(a) our subsidiaries, affiliates and related corporations;
(b) contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other services to us such as mailing houses, contract manufacturers, telecommunication companies, information technology companies and data centers;
(c) a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Digital Data’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Digital Data about our Service Users is among the assets transferred; or to a counterparty in a business asset transaction that Digital Data or any of its affiliates or related corporations is involved in; and
(d) third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes
13.2. This may require, among other things, share statistical and demographic information about our Users and their use of the Services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you.
13.3. For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.
13.4. Third parties may unlawfully intercept, or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however, there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
The Services are not intended for children under the age of 18. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 18 nor is any part of our Site or other Services directed to children under the age of 10. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted by any child under the age of 18.
or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
15.2. We, and third parties, may from time to time make software applications downloads available for your use on or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your computer's IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third-party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by Digital Data. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.
16.1. WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.
16.2. In an attempt to provide you with increased value, we may choose various third-party websites to link to, and frame within, the Site. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third-party web sites (even if offered on or through our Site) may not be received by us.
16.3. We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).
In most cases, your personal data will be processed in Malaysia, where our servers are located, and our central database is operated.
18.1. Opting Out and Withdrawing Consent
(a) To modify your email subscriptions, please let us know by sending an email to our Personal Data Protection Officer at the address listed below. Please note that due to email production schedules, you may still receive emails that are already in production.
(b) You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at the email address listed below in Section 19.2.
(c) Once we have your clear withdrawal instructions and verified your identity, we will process your request for withdrawal of consent, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. If we are unable to verify your identity or understand your instructions, we will liaise with you to understand your request.
(d) However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue providing the Services to you, we may need to terminate your existing relationship and/or the contract you have with us, etc., as the case may be, which we will inform you of.
18.2. Requesting Access and/or Correction of Personal Data
(a) If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the User Settings page on the Site.
(b) For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that Privacy Laws may exempt certain types of personal data from being subject to your access request.
(c) For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:
i. correct your personal data within 30 days. Where we are unable to do so within the said period, we will notify you of the soonest practicable time within which we can make the correction. Note that Privacy Laws may exempt certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and
ii. we will send the corrected personal data to every other organization to which the personal data was disclosed by us within a year before the date the correction was made, unless that other organization does not need the corrected personal data for any legal or business purpose.
(d) Notwithstanding sub-paragraph (b) immediately above, we may, if you so request, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.
19.1. If you have any questions or concerns about our privacy practices or your dealings with the Services, please do not hesitate to contact: firstname.lastname@example.org.
19.2. If you have any complaint or grievance regarding how we are handling your personal data or about how we are complying with Privacy Laws, we welcome you to contact us with your complaint or grievance.
Please contact us through email with your complaint or grievance: E-mail: email@example.com and Attention it to the "Personal Data Protection Officer". Please send all legal notices to firstname.lastname@example.org and Attention it to the “General Counsel”.
19.3. Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header that it is a Privacy Law complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organization to handle. For example, you could insert the subject header as “Privacy Complaint”.
We will certainly strive to deal with any complaint or grievance that you may have fairly and as soon as possible.
Please also read the Terms of Service establishing the use, disclaimers, and limitations of liability governing the use of the Site and the Services and other related policies.
This License is based on the industry standard Creative Commons Attribution 4.0 International License.
Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.
Using Creative Commons Public Licenses
Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.
Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.
Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.
Creative Commons Attribution 4.0 International Public License Details
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
Section 1 – Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
g. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
j. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
k. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
Section 2 – Scope.
a. License grant.
A. reproduce and Share the Licensed Material, in whole or in part; and
B. produce, reproduce, and Share Adapted Material.
Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions. 3. Term. The term of this Public License is specified in Section 6(a).
Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to for
modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
b. Other rights.
Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
Patent and trademark rights are not licensed under this Public License.
To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
Section 3 – License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License. 2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
Section 4 – Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material: a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Section 5 – Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 – Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically. b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
upon express reinstatement by the Licensor. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License. d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 – Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
Section 8 – Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
This License is based off of the Licenses drafted by Creative Commons. Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.
Creative Commons may be contacted at creativecommons.org.