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Terms and Conditions

 1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding  agreement made between you, whether personally or on behalf of an entity  (“you”) and Cubic3dPrints ("Company," “we," “us," or “our”), concerning your access to and use of the https://cubic3dprints.com/ website as well as any other media form, media channel, mobile website  or mobile application related, linked, or otherwise connected thereto  (collectively, the “Site”). We are registered in __________ and have our registered office at __________, __________. You agree that by accessing the Site, you have read, understood, and  agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE  WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM  USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that  may be posted on the Site from time to time are hereby expressly  incorporated herein by reference. We reserve the right, in our sole  discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date  of these Terms of Use, and you waive any right to receive specific  notice of each such change. Please ensure that you check the applicable  Terms every time you use our Site so that you understand which Terms  apply. You will be subject to, and will be deemed to have been made  aware of and to have accepted, the changes in any revised Terms of Use  by your continued use of the Site after the date such revised Terms of  Use are posted.
The information provided on the Site is not intended  for distribution to or use by any person or entity in any jurisdiction  or country where such distribution or use would be contrary to law or  regulation or which would subject us to any registration requirement  within such jurisdiction or country. Accordingly, those persons who  choose to access the Site from other locations do so on their own  initiative and are solely responsible for compliance with local laws, if  and to the extent local laws are applicable.
The Site is not tailored to comply with  industry-specific regulations (Health Insurance Portability and  Accountability Act (HIPAA), Federal Information Security Management Act  (FISMA), etc.), so if your interactions would be subjected to such laws,  you may not use this Site. You may not use the Site in a way that would  violate the Gramm-Leach-Bliley Act (GLBA).
The  Site is intended for users who are at least 18 years old. Persons under  the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our  proprietary property and all source code, databases, functionality, software,  website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and  logos contained therein (the “Marks”) are owned or controlled by us or  licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United  States, international copyright laws, and international conventions. The  Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as  expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied,  reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise  exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If  you provide any information that is untrue, inaccurate, not current, or  incomplete, we have the right to suspend or terminate your account and  refuse any and all current or future use of the Site (or any portion  thereof).

 4. USER REGISTRATION  You  may be required to register with the Site. You agree to keep your  password confidential and will be responsible for all use of your  account and password. We reserve the right to remove, reclaim, or change  a username you select if we determine, in our sole discretion, that  such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES
You  may not access or use the Site for any purpose other than that for  which we make the Site available. The Site may not be used in connection  with any commercial endeavors except those that are specifically  endorsed or approved by us.
As a user of the Site, you agree not to:

  • Systematically  retrieve data or other content from the Site to create or compile,  directly or indirectly, a collection, compilation, database, or  directory without written permission from us.
  • Trick,  defraud, or mislead us and other users, especially in any attempt to  learn sensitive account information such as user passwords.
  • Circumvent,  disable, or otherwise interfere with security-related features of the  Site, including features that prevent or restrict the use or copying of  any Content or enforce limitations on the use of the Site and/or the  Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload  or transmit (or attempt to upload or to transmit) viruses, Trojan  horses, or other material, including excessive use of capital letters  and spamming (continuous posting of repetitive text), that interferes  with any party’s uninterrupted use and enjoyment of the Site or  modifies, impairs, disrupts, alters, or interferes with the use,  features, functions, operation, or maintenance of the Site.
  • Engage  in any automated use of the system, such as using scripts to send  comments or messages, or using any data mining, robots, or similar data  gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload  or transmit (or attempt to upload or to transmit) any material that  acts as a passive or active information collection or transmission  mechanism, including without limitation, clear graphics interchange  formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar  devices (sometimes referred to as “spyware” or “passive collection  mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except  as permitted by applicable law, decipher, decompile, disassemble, or  reverse engineer any of the software comprising or in any way making up a  part of the Site.
  • Except  as may be the result of standard search engine or Internet browser  usage, use, launch, develop, or distribute any automated system,  including without limitation, any spider, robot, cheat utility, scraper,  or offline reader that accesses the Site, or using or launching any  unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make  any unauthorized use of the Site, including collecting usernames and/or  email addresses of users by electronic or other means for the purpose  of sending unsolicited email, or creating user accounts by automated  means or under false pretenses.
  • Use  the Site as part of any effort to compete with us or otherwise use the  Site and/or the Content for any revenue-generating endeavor or  commercial enterprise.
  • Use the Site to advertise or offer to sell goods and services.

6. USER GENERATED CONTRIBUTIONS
The  Site does not offer users to submit or post content. We may provide you  with the opportunity to create, submit, post, display, transmit,  perform, publish, distribute, or broadcast content and materials to us  or on the Site, including but not limited to text, writings, video,  audio, photographs, graphics, comments, suggestions, or personal  information or other material (collectively, "Contributions").  Contributions may be viewable by other users of the Site and through  third-party websites. As such, any Contributions you transmit may be  treated in accordance with the Site Privacy Policy. When you create or  make available any Contributions, you thereby represent and warrant  that:

  • The creation, distribution,  transmission, public display, or performance, and the accessing,  downloading, or copying of your Contributions do not and will not  infringe the proprietary rights, including but not limited to the  copyright, patent, trademark, trade secret, or moral rights of any third  party.
  • You  are the creator and owner of or have the necessary licenses, rights,  consents, releases, and permissions to use and to authorize us, the  Site, and other users of the Site to use your Contributions in any  manner contemplated by the Site and these Terms of Use.
  • You  have the written consent, release, and/or permission of each and every  identifiable individual person in your Contributions to use the name or  likeness of each and every such identifiable individual person to enable  inclusion and use of your Contributions in any manner contemplated by  the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your  Contributions are not unsolicited or unauthorized advertising,  promotional materials, pyramid schemes, chain letters, spam, mass  mailings, or other forms of solicitation.
  • Your  Contributions are not obscene, lewd, lascivious, filthy, violent,  harassing, libelous, slanderous, or otherwise objectionable (as  determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your  Contributions are not used to harass or threaten (in the legal sense of  those terms) any other person and to promote violence against a  specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your  Contributions do not violate any applicable law concerning child  pornography, or otherwise intended to protect the health or well-being  of minors.
  • Your  Contributions do not include any offensive comments that are connected  to race, national origin, gender, sexual preference, or physical  handicap.
  • Your  Contributions do not otherwise violate, or link to material that  violates, any provision of these Terms of Use, or any applicable law or  regulation.

Any  use of the Site in violation of the foregoing violates these Terms of  Use and may result in, among other things, termination or suspension of  your rights to use the Site.

7. CONTRIBUTION LICENSE
You  and the Site agree that we may access, store, process, and use any  information and personal data that you provide following the terms of  the Privacy Policy and your choices (including settings).
By  submitting suggestions or other feedback regarding the Site, you agree  that we can use and share such feedback for any purpose without  compensation to you.
We  do not assert any ownership over your Contributions. You retain full  ownership of all of your Contributions and any intellectual property  rights or other proprietary rights associated with your Contributions.  We are not liable for any statements or representations in your  Contributions provided by you in any area on the Site. You are solely  responsible for your Contributions to the Site and you expressly agree  to exonerate us from any and all responsibility and to refrain from any  legal action against us regarding your Contributions.

8. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The  following terms apply when you use a mobile application obtained from  either the Apple Store or Google Play (each an “App Distributor”) to  access the Site: (1) the license granted to you for our mobile  application is limited to a non-transferable license to use the  application on a device that utilizes the Apple iOS or Android operating  systems, as applicable, and in accordance with the usage rules set  forth in the applicable App Distributor’s terms of service; (2) we are  responsible for providing any maintenance and support services with  respect to the mobile application as specified in the terms and  conditions of this mobile application license contained in these Terms  of Use or as otherwise required under applicable law, and you  acknowledge that each App Distributor has no obligation whatsoever to  furnish any maintenance and support services with respect to the mobile  application; (3) in the event of any failure of the mobile application  to conform to any applicable warranty, you may notify the applicable App  Distributor, and the App Distributor, in accordance with its terms and  policies, may refund the purchase price, if any, paid for the mobile  application, and to the maximum extent permitted by applicable law, the  App Distributor will have no other warranty obligation whatsoever with  respect to the mobile application; (4) you represent and warrant that  (i) you are not located in a country that is subject to a U.S.  government embargo, or that has been designated by the U.S. government  as a “terrorist supporting” country and (ii) you are not listed on any  U.S. government list of prohibited or restricted parties; (5) you must  comply with applicable third-party terms of agreement when using the  mobile application, e.g., if you have a VoIP application, then you must  not be in violation of their wireless data service agreement when using  the mobile application; and (6) you acknowledge and agree that the App  Distributors are third-party beneficiaries of the terms and conditions  in this mobile application license contained in these Terms of Use, and  that each App Distributor will have the right (and will be deemed to  have accepted the right) to enforce the terms and conditions in this  mobile application license contained in these Terms of Use against you  as a third-party beneficiary thereof.

9. SUBMISSIONS
You  acknowledge and agree that any questions, comments, suggestions, ideas,  feedback, or other information regarding the Site ("Submissions")  provided by you to us are non-confidential and shall become our sole  property. We shall own exclusive rights, including all intellectual  property rights, and shall be entitled to the unrestricted use and  dissemination of these Submissions for any lawful purpose, commercial or  otherwise, without acknowledgment or compensation to you. You hereby  waive all moral rights to any such Submissions, and you hereby warrant  that any such Submissions are original with you or that you have the  right to submit such Submissions. You agree there shall be no recourse  against us for any alleged or actual infringement or misappropriation of  any proprietary right in your Submissions.

10. THIRD-PARTY WEBSITE AND CONTENT
The Site  may contain (or you may be sent via the Site) links to other websites  ("Third-Party Websites") as well as articles, photographs, text,  graphics, pictures, designs, music, sound, video, information,  applications, software, and other content or items belonging to or  originating from third parties ("Third-Party Content"). Such Third-Party  Websites and Third-Party Content are not investigated, monitored, or  checked for accuracy, appropriateness, or completeness by us, and we are  not responsible for any Third-Party Websites accessed through the Site  or any Third-Party Content posted on, available through, or installed  from the Site, including the content, accuracy, offensiveness, opinions,  reliability, privacy practices, or other policies of or contained in  the Third-Party Websites or the Third-Party Content. Inclusion of,  linking to, or permitting the use or installation of any Third-Party  Websites or any Third-Party Content does not imply approval or  endorsement thereof by us. If you decide to leave the Site and access  the Third-Party Websites or to use or install any Third-Party Content,  you do so at your own risk, and you should be aware these Terms of Use  no longer govern. You should review the applicable terms and policies,  including privacy and data gathering practices, of any website to which  you navigate from the Site or relating to any applications you use or  install from the Site. Any purchases you make through Third-Party  Websites will be through other websites and from other companies, and we  take no responsibility whatsoever in relation to such purchases which  are exclusively between you and the applicable third party. You agree  and acknowledge that we do not endorse the products or services offered  on Third-Party Websites and you shall hold us harmless from any harm  caused by your purchase of such products or services. Additionally, you  shall hold us harmless from any losses sustained by you or harm caused  to you relating to or resulting in any way from any Third-Party Content  or any contact with Third-Party Websites.

11. ADVERTISERS
We allow  advertisers to display their advertisements and other information in  certain areas of the Site, such as sidebar advertisements or banner  advertisements. If you are an advertiser, you shall take full  responsibility for any advertisements you place on the Site and any  services provided on the Site or products sold through those  advertisements. Further, as an advertiser, you warrant and represent  that you possess all rights and authority to place advertisements on the  Site, including, but not limited to, intellectual property rights,  publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

12. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

13. PRIVACY POLICY
We care about data privacy and security. By  using the Site, you agree to be bound by our Privacy Policy posted on  the Site, which is incorporated into these Terms of Use. Please be  advised the Site is hosted in the United States.  If you access the Site from any other region of the world with laws or  other requirements governing personal data collection, use, or  disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

14. TERM AND TERMINATION
These  Terms of Use shall remain in full force and effect while you use the  Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE  RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR  LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING  CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,  INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,  OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR  REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR  DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS
We  reserve the right to change, modify, or remove the contents of the Site  at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Site. We  also reserve the right to modify or discontinue all or part of the Site  without notice at any time. We will not be liable to you or any third  party for any modification, price change, suspension, or discontinuance  of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION
Binding Arbitration
If  the Parties are unable to resolve a Dispute through informal  negotiations, the Dispute (except those Disputes expressly excluded  below) will be finally and exclusively resolved by binding arbitration.  YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO  SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced  and conducted under the Commercial Arbitration Rules of the American  Arbitration Association ("AAA") and, where appropriate, the AAA’s  Supplementary Procedures for Consumer Related Disputes ("AAA Consumer  Rules"), both of which are available at the AAA website: www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall  be governed by the AAA Consumer Rules and, where appropriate, limited by  the AAA Consumer Rules. The  arbitration may be conducted in person, through the submission of  documents, by phone, or online. The arbitrator will make a decision in  writing, but need not provide a statement of reasons unless requested by  either Party. The arbitrator must follow applicable law, and any award  may be challenged if the arbitrator fails to do so. Except where  otherwise required by the applicable AAA rules or applicable law, the  arbitration will take place in Florida.  Except as otherwise provided herein, the Parties may litigate in court  to compel arbitration, stay proceedings pending arbitration, or to  confirm, modify, vacate, or enter judgment on the award entered by the  arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Florida,  and the Parties hereby consent to, and waive all defenses of lack of  personal jurisdiction, and forum non conveniens with respect to venue  and jurisdiction in such state and federal courts.  Application of the United Nations Convention on Contracts for the  International Sale of Goods and the Uniform Computer Information  Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If  this provision is found to be illegal or unenforceable, then neither  Party will elect to arbitrate any Dispute falling within that portion of  this provision found to be illegal or unenforceable and such Dispute  shall be decided by a court of competent jurisdiction within the courts  listed for jurisdiction above, and the Parties agree to submit to the  personal jurisdiction of that court.
Restrictions
The  Parties agree that any arbitration shall be limited to the Dispute  between the Parties individually. To the full extent permitted by law,  (a) no arbitration shall be joined with any other proceeding; (b) there  is no right or authority for any Dispute to be arbitrated on a  class-action basis or to utilize class action procedures; and (c) there  is no right or authority for any Dispute to be brought in a purported  representative capacity on behalf of the general public or any other  persons.
Exceptions to Arbitration
The  Parties agree that the following Disputes are not subject to the above  provisions concerning binding arbitration: (a) any Disputes seeking to  enforce or protect, or concerning the validity of, any of the  intellectual property rights of a Party; (b) any Dispute related to, or  arising from, allegations of theft, piracy, invasion of privacy, or  unauthorized use; and (c) any claim for injunctive relief. If this  provision is found to be illegal or unenforceable, then neither Party  will elect to arbitrate any Dispute falling within that portion of this  provision found to be illegal or unenforceable and such Dispute shall be  decided by a court of competent jurisdiction within the courts listed  for jurisdiction above, and the Parties agree to submit to the personal  jurisdiction of that court.

18. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

19. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY
IN NO  EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR  ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,  INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST  REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE  SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING  ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY  CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL  TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE four (4) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $40.00 USD.  CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS  ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR  LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)  any overt harmful act toward any other user of the Site with whom you  connected via the Site. Notwithstanding the foregoing, we reserve the  right, at your expense, to assume the exclusive defense and control of  any matter for which you are required to indemnify us, and you agree to  cooperate, at your expense, with our defense of such claims. We will use  reasonable efforts to notify you of any such claim, action, or  proceeding which is subject to this indemnification upon becoming aware  of it.

22. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting  the Site, sending us emails, and completing online forms constitute  electronic communications. You consent to receive electronic  communications, and you agree that all agreements, notices, disclosures,  and other communications we provide to you electronically, via email  and on the Site, satisfy any legal requirement that such communication  be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,  CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF  NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY  US OR VIA THE SITE. You hereby waive any rights or requirements under  any statutes, regulations, rules, ordinances, or other laws in any  jurisdiction which require an original signature or delivery or  retention of non-electronic records, or to payments or the granting of  credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS
These  Terms of Use and any policies or operating rules posted by us on the  Site or in respect to the Site constitute the entire agreement and  understanding between you and us. Our failure to exercise or enforce any  right or provision of these Terms of Use shall not operate as a waiver  of such right or provision. These Terms of Use operate to the fullest  extent permissible by law. We may assign any or all of our rights and  obligations to others at any time. We shall not be responsible or liable  for any loss, damage, delay, or failure to act caused by any cause  beyond our reasonable control. If any provision or part of a provision  of these Terms of Use is determined to be unlawful, void, or  unenforceable, that provision or part of the provision is deemed  severable from these Terms of Use and does not affect the validity and  enforceability of any remaining provisions. There is no joint venture,  partnership, employment or agency relationship created between you and  us as a result of these Terms of Use or use of the Site. You agree that  these Terms of Use will not be construed against us by virtue of having  drafted them. You hereby waive any and all defenses you may have based  on the electronic form of these Terms of Use and the lack of signing by  the parties hereto to execute these Terms of Use.

26. CONTACT US
In order  to resolve a complaint regarding the Site or to receive further  information regarding use of the Site, please contact us at:
 __________cubic3dprints@gmail.com 

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