The following are the terms and conditions of a legal agreement between you and Uttamastudios, Inc. and its affiliates (collectively, "Uttamastudios," "we," or "our"). These terms and conditions (collectively, together with Uttamastudios' privacy statement and content policy, the "Terms and Conditions") govern your use of www.uttamastudios.com (the "Uttamastudios website" or the "Website"), any mobile application (the "App") , the services, features and content we provide powered by the Uttamastudios platform (the “Platform”) (together with the Website, Platform and Applications, the “Uttamastudios Services” or “Services”).
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also warrant that any 3D files ("3D Models") sent to Uttamastudios do not violate any state and federal laws or regulations, including those related to firearms, or applicable standards maintained by ISO, ASTM, ASME or other similar agencies . If you do not agree to these Terms and Conditions, you should not use the Site or Services.
1.Uttamastudios Services
The Uttamastudios Service consists of different services offered through the Website. One of our services allows you to send 3D files to our official email and have them viewed by our customer service.
If you want to turn your 3D model into reality, you can place an order with us and we will manufacture it for you according to your instructions. Subject to the price of the service and the price of the substance used in the 3D model, we manufacture the 3D model for you (i.e. printed using 3D printing technology) using our materials and ship it to you. You can also order products designed by other Uttamastudios members: Uttamastudios allows you to browse the website to find and place an order for these products. Powered by Uttamastudios platform, you can order 3D models from 3rd party websites.
In addition, Uttamastudios offers other services and community features through the Site, including forums, blogs, tutorials, etc., where you can connect with other users or share your experiences.
- Account Terms
You represent and warrant that you are at least 18 years of age to use these Services. If you are under 18 years of age, you may use Uttamastudios.com only with involvement of a parent or guardian. Children under 13 years old are not allowed to use these Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance 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 for an account on the Services (an “Account”). You must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and/or continued use of the Service, and you must keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. 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 must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. We will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
If you are located outside the European Union, registering an account will automatically enroll you to receive emails, marketing communications, promotions, special offers and other correspondence from us. If you are located within the European Union, you can opt in to receive these communications by checking the appropriate box on your account settings page. You can opt out of receiving these communications at any time also through your account settings page.
- Order
(a) Place an order. To order a 3D model of your design or another 3D model you find through our services, you need to select the 3D model. You can then select the quantity of 3D models to order and the material you want the 3D models to be made from (if applicable). Next, we ask you to provide us with the information we need to deliver the 3D model. Finally, you will be prompted to enter the information required to initiate the payment. Depending on the payment method you select, you may be redirected to a third-party payment provider website. Please note that the language used throughout the ordering process is English.
(b) Unacceptable orders, we cancel the order. If other designer products are offered through our website, the default assumption is that the product can be produced. However, due to technical or other reasons, Uttamastudios may not accept or cancel your order throughout the ordering process (even after we accept your order). Such reasons may be, but are not limited to, infeasibility of the model, infringing features of the 3D model (please see our content policy) or the delivery destination specified by you in your order. If we cancel part or all of your order, we will contact you via email and, unless there is fraud or other violation of our policies, we will provide you with a full refund for the canceled items.
(c) Price. Prices displayed on the Website or Platform are for reference only and are valid only at the time of display. Uttamastudios reserves the right to change website prices at any time without prior notice. However, such changes will not affect orders placed before the new price is posted on the website. We do our best to prevent pricing errors. However, if an error occurs, we are not bound by the quotation and may cancel the order. In the event of an error, any monies paid in relation to the order will be refunded to you.
(d) Payment and Price. The amount shown on the order page includes the cost of services (such as printing and post-processing and packaging the model), the price of materials used to create the 3D model. Quotations provided by customer service also include shipping charges, sales tax (if applicable), but do not include any import duties or taxes (if applicable). Quotes on the platform are the cost of printing the goods and any supplier mark-ups. Uttamastudios provides estimated currency exchanges as a courtesy to its users. These estimates are not guaranteed and may not reflect actual currency conversion rates. If the currency you use is different from the currency in which your payment method is denominated (which may be the case if your bank or credit card account is not denominated in US dollars or euros), your payment company (such as your credit card or bank issuer) ) or third-party payment processor may apply currency conversion rates or fees to your payment. Please contact your provider for information about these fees. These fees are beyond the control of Uttamastudios and are not known to Uttamastudios.
You can initiate order payment via PayPal.com or bank transfer. If you choose to pay using PayPal, you will be directed to the PayPal.com website. If you choose to pay via bank transfer, you will receive payment instructions from Uttamastudios via email upon confirmation of your order.
Uttamastudios does not accept any responsibility for the payment process completed through the PayPal.com website. Please familiarize yourself with PayPal's Terms of Use.
For orders paid via PayPal, Uttamastudios will begin production once payment is authorized and retained. For orders paid by bank transfer, Uttamastudios will start production once the funds arrive in Uttamastudios bank account. If the selected payment method fails for any reason, Uttamastudios reserves the right to reprocess the payment or request your payment information for an alternative payment method.
(e) Acceptance Upon acceptance of your order, we will send you an order confirmation via email to the address associated with your Uttamastudios account. Order confirmations will be effective from the date the order confirmation is sent to you. If we are unable to accept your order, we will contact you via email. You should verify the details in the confirmation email. If an error occurs, you should contact us as soon as possible by sending an email to Customer Service.
(f) Order tracking Through the website or (if you choose) through email notification, you can track the status of your order, such as: order acceptance, production, shipment, delivery, etc.
(g) Shipping Your order will be entrusted to a freight forwarder or courier company for delivery to your delivery address. We will use reasonable endeavors to deliver your 3D Printed Product to the delivery address within the delivery time specified in the confirmation email. any consignment
- Warranty; Disclaimer.
Uttamastudios only guarantees that the models we manufacture will substantially meet the characteristics of the 3D model shown, within the limitations of 3D printing technology. If you upload your own 3D Model to the Website or Platform, you are solely legally responsible for the design specifications and performance of the 3D Model. Uttamastudios does not provide any warranty regarding the 3D Models themselves, nor does Uttamastudios warrant that the 3D Models are suitable for any particular purpose. Please inspect the 3D model immediately upon receipt. If you receive a 3D model that is defective and you believe you are entitled to a replacement under the warranty above, please contact us within 10 days of receipt of the 3D model. Such warranty claims may only be made within 10 days of your receipt of the model. Please do not return 3D models unless requested by us. We reserve the right to request a replacement or refund when returning a 3D model. We will confirm whether you are entitled to an exchange or refund. We reserve the right to request an exchange or refund from you provided you provide us with such photographs as we deem necessary to assess your claim. If you have altered or post-processed the model in any way, the model will not be eligible for a replacement or refund. Shipping costs for faulty products will be borne by us. If we do not receive any notification within the required 10 days, we will assume that the 3D model meets your specifications and performance requirements. Models you designate as "Print Anyway" or equivalent are not eligible for exchange or refund.
We have no special relationship or fiduciary duty to you. You acknowledge that we have no obligation to take any action regarding: (a) which users have access to the Services; (b) what content you access through the Services; (c) how you interpret or use the Content.
You release us from all liability for your acquisition or non-acquisition of Content through the Services. We make no representations about any Content (including, but not limited to, 3D Models) contained in or accessed through the Service, and we make no representations about the accuracy, copyright compliance, or copyright compliance of the material or content (including, but not limited to, 3D Models). or legality assumes any responsibility. Included in or accessed through the Services.
The 3D models and services and content manufactured by Uttamastudios are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. any warranty of fitness for purpose, course of performance or trade purpose, all of which are expressly disclaimed. We and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (I) the Service will be secure or available at any particular time or location; (II) any defects or errors will be corrected; (II) III) any content or software in or available 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 entirely at your own risk. Some areas or states do not allow limitations on implied warranties, so the above limitations may not apply to you.
Additionally, for orders placed through the Platform, please contact the Supplier for any additional warranties and/or disclaimers associated with their models.
Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You assume full legal responsibility for selecting materials that meet your 3D model specifications and performance requirements.
- Use of the UttamastudiosWebsite and Platform
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 Uttamastudios 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 Uttamastudios. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Uttamastudios is unlicensed by Uttamastudios. 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. You agree not to use any robot, spider, or other automated device 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.
This Website may provide links to other websites that are not under the control of Uttamastudios. Uttamastudios shall not be responsible in any way for the content of such other websites. Uttamastudios provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Uttamastudios of the content of such websites.
Since the Uttamastudios Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website or Platform, which will result in the Website or Platform not being available for a certain period of time. We will endeavor to ensure that the Website or Platform operates reliably and consistently, but we do not warrant that the Website or Platform 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 or CoCreator 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 that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content (including without limitation any 3D Models or CoCreator Models) from the Services.
We are not responsible for any losses suffered by you as a result of any interruption of the Website or Platform, or by the suspension of your access to the Website or Platform.
- User-generated content
The term "User Generated Content" as used in these Terms and Conditions refers to any content that you upload to the Site, Application, Platform or Services, including without limitation all uploaded 3D models, 3D model images, comments on the Site, and Printed 3D models we create for you based on your User Generated Content. All User-Generated Content shall not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, unlawful or unlawful information, or may infringe or violate any intellectual property right. Intellectual Property means copyright, patent, registered design, design rights, trademarks, trade secrets or any other proprietary or industrial rights.
Your User-Generated Content may be subject to national, foreign and international trade and export control laws and regulations ("Export Control Laws"). You will inform us of any jurisdiction and classification of any User-Generated Content that (i) is governed by the International Traffic in Arms Regulations ("ITAR"), or (ii) if governed by the Export Administration Regulations ("EAR")" ), is classified into a category other than EAR99.
Notwithstanding any other provision, you shall be liable to Uttamastudios for all damages, losses and liabilities arising from your failure to comply with export control laws or your failure to provide accurate and complete notice of jurisdiction and classification. Your user-generated content.
Uttamastudios will reasonably rely on the information you provide in connection with the User-Generated Content.
The opinions expressed in User-Generated Content are not necessarily the opinions of Uttamastudios.
In order to keep Uttamastudios and the Site suitable for a general audience and in cooperation with intellectual property owners, we have implemented a Content Policy.
Please note that we do not seek any unsolicited ideas or improvements to the Uttamastudios Services, and any unsolicited ideas or improvements you submit are considered User-Generated Content and licensed to us as described below. In addition, Uttamastudios reserves all public rights to your unsolicited ideas and improvements. Uttamastudios' receipt of your unsolicited ideas and improvements does not mean that we acknowledge their novelty, priority or originality, and does not limit Uttamastudios' existing or future intellectual property rights related to your unsolicited ideas and improvements in any way. Right to object.
Except for your 3D Model as noted below, by submitting User-Generated Content through the Services or Website, you hereby grant to us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable License to use, edit, modify, reproduce, distribute, prepare derivative works from, display, perform and otherwise fully exploit the User-Generated Content in connection with the Site, Application, Services and our (and our successors and assigns) business, This includes, but is not limited to, promoting and redistributing part or all of the Site, Application or Services (and derivative works therefrom) in any media format and through any media channels (including, without limitation, third party websites and sources). You also hereby grant each user of the Site, Application or Services a non-exclusive license to access your User-Generated Content through the Site, Application or Services and to share your User-Generated Content on blogs and social media. Media, provided that such sharing links prominently back to the model page on the Uttamastudios website and is not made on a website that competes, directly or indirectly, with the Uttamastudios service. For clarity, the licenses granted above to us and our users do not affect your other ownership or license rights in your User-Generated Content, including the right to grant additional licenses to your User-Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such 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 property or proprietary rights right.
- 7. Consent to Use of Personal Data
By using our Services you agree that Uttamastudios may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the Uttamastudios Privacy Statement.
- 8. Third Party Services.
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.
- 9. Payments and Billing.
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 processor (the “Payment Processor”) 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 Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, 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 Processor, 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 Processor, 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 PROCESSOR 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 state sales 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.
- Indemnification
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, CoCreator Models, violation of these Terms and Conditions, including any misstatements or omissions with respect to Export Control Laws, 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.
- 11. Limitation of Liability
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 UTTAMASTUDIOS FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) $200.00.
- 12. Entire Agreement
The terms in these Terms and Conditions, the Uttamastudios Privacy Policy, the Uttamastudios Content Policy, and, if applicable, the Uttamastudios Shop Terms of Service and/or Uttamastudios API Terms, as well as any applicable terms, conditions, policies, requirements or limitations contained in the Services constitute the exclusive and complete agreement between Uttamastudios and You. Uttamastudios will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms and Conditions or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.
- 13. Miscellaneous
(a) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, or act of government.
(b) Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
(d) Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to service@Uttamastudios.com.
(e) No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
(f) Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
(g) Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback”). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
14.Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by info@uttamastuidos.com.
- 15. Changes to These Terms
We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. Uttamastudios MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.