Terms of Service
By using the 3dprintfilemarket.com website, electronic devices, apps, and web services ("Service") of Eagle Internet Education, Inc. ("EIE"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICE THROUGH YOUR ACCOUNT, TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
EIE reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.3dprintfilemarket.com/tos.html
Violation of any of the terms below will result in the termination of your account. While EIE prohibits such conduct and Content on the Service, you understand and agree that EIE cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use the Service.
- You must provide a valid email address and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- One person or legal entity may not maintain more than one free account.
- You are responsible for maintaining the security of your account and password. EIE will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- Accounts registered by automated methods are not permitted, You must be human.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, patent or trademark laws). You must not, in the use of the Service, violate any laws in Texas, United States of America (including but not limited to copyright, patent or trademark laws).
B. Payment, Refunds, Upgrading, Downgrading and Suspending
- Except for transferable 50 year memberships prepaid in Bitcoin, all pre-paid plans must enter a valid credit card or Coinbase account. Free accounts are not required to provide a credit card number nor Coinbase account.
- The Service is billed in advance on a monthly basis.
- All billed payments have an account credit guarantee.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
C. Suspension, Cancellation and Termination
- You are solely responsible for properly canceling or suspending your account.
- When re-activating a suspended account you will have the option to select a suitable plan that is offered at the time. You agree that the plan you had initially when suspending your account might no longer be available.
- EIE, in its sole discretion, can choose to continue to offer You a plan ("Grandfather") you are currently subscribed to even if this plan is no longer available to other users. You accept that if You transfer to another plan you will no longer be able to transfer back to the Grandfather plan.
- If you suspend or cancel the Service before the end of your current paid up month your suspension or cancellation will take effect immediately and you will not be charged again.
- EIE, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Service, or any other EIE service, for any reason at any time. Such termination of Service will result in the suspension or deletion of your account or your access to your account. EIE reserves the right to refuse service to anyone for any reason at any time.
D. Modification to the Service and Prices
- EIE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the EIE Site (3dprintfilemarket.com) or the Service itself.
- EIE shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
E. Content Ownership and Copyright
- You may set the selling price for your work on the Service.
- If You choose "SCA = Standard Copyright Agreement" as the license for your work, then EIE will contract and do(es) hereby contracts for itself to pay You, Your heirs executors and assigns, according to the following License Agreement ("Agreement") for hosting Your work on the Service by EIE or its assigns. You will retain the right to collect any royalties under the terms of the Agreement for as long as EIE sells or licenses your work. If your work is patented, then said Agreement is a patent license conveying all of the "substantial rights" to EIE as outlined in the Agreement. Under the terms of the Agreement, manufacturers will place royalty bids for the right to manufacture and sell your work on the Service. Each royalty bid is for one click of a link from the Service to the manufacturer’s web presence on the Service. At our sole discretion, the manufacturer with the best reviews and highest royalty bid will be chosen by EIE to manufacture and sell Your work. If Your work is not a derivative of another work on the Service, then You will receive 70% of the royalty bid paid per item the manufacturer sells on the Service. If Your work is a derivative of another work on the Service, then You will receive 35% of the royalty bid paid per item the manufacturer sells on the Service. If another work is a derivative of Your work on the Service, You will receive 35% of the royalty bid divided by the number of works said derivative work is derived from. EIE will retain 30% of the royalty bid on Your work. You will set the price per customer download of Your work as a digital download. If Your work is not a derivative of another work on the Service, then You will receive 70% of the price per customer download. If Your work is a derivative of another work on the Service, then You will receive 35% of the price per customer download. If another work is a derivative of Your work on the Service, You will receive 35% of the price per customer download divided by the number of works said derivative work is derived from. EIE will retain 30% of the price per customer download on Your work. If the customer paid with bitcoin, then there is a 10% discount. This discount is deducted from the 30% that is EIE's share of the customer's payment. EIE is not Your agent, EIE is not the manufacturer’s agent, and EIE is not the sub-licensee’s agent. EIE conducts the Service as a marketplace for You, customers, manufacturers, and sublicensees. By placing Your work on the Service, You as the intellectual property owner are offering customers, manufacturers and potential sublicensees the opportunity to enter into a contract with You. By agreeing to sublicense Your work as a derivative on the Service, the sublicensee agrees to accept said offer and the contract between the sublicensee and You is formed. EIE is not a party to that agreement between the sublicensee and You. All dealings are solely between You and said sublicensee. By agreeing to manufacture Your work and sell it on the Service, the manufacturer agrees to accept said offer and the contract between the manufacturer and You is formed. EIE is not a party to that agreement between the manufacturer and You. All dealings are solely between You and said manufacturer. The manufacturer's permission to manufacture Your work may be revoked at any time by EIE for any reason solely at the discretion of EIE. By agreeing to purchase Your work and buy it on the Service, the customer agrees to accept said offer and the contract between the customer and You is formed. EIE is not a party to that agreement between the customer and You. All dealings are solely between You and said customer. Also, customers who persuade other customers to become paying subscribers to the Service may be able to download Your work without payment. Those identified as potential licensees by previously uploading files on to the Service may also download Your work without payment solely for the purpose of creating derivative works. Customers and potential licensees cannot distribute, reproduce, duplicate, copy, sell, resell or exploit Your work. If you chose Standard Copyright Agreement as the license for Your work, then You will also email us a request for a License Agreement at . We will then email You a copy of the License Agreement for You to sign and postal mail to us. After we sign it, we will email you a copy.
- You agree that by selecting a license for your work that allows public viewing or copying you let others view or copy your work according to that license.
- EIE is not obligated to pre-screen content but EIE and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- EIE respects intellectual property and asks that you do too. We will respond to notices of alleged intellectual property infringement such as but not limited to copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat infringers.
- The Service includes a platform where Project Creators run campaigns to fund creative projects by offering rewards to raise money from Backers. By creating a fundraising campaign on the Service, you as the Project Creator are offering the public the opportunity to enter into a contract with you. By backing a fundraising campaign on the Service, you as the Backer accept that offer and the contract between Backer and Project Creator is formed. EIE is not a party to that agreement between the Backer and Project Creator. All dealings are solely between Users.
- Backers agree to pay by the deadline stated on the campaign for the reward that they pledged for. If paying by credit card, backers agree to provide their payment information at the time they pledge to a campaign. If stated for the reward backed, the payment will be collected at or after the campaign deadline and only if the total amount of monies pledged as of the deadline is at least equal to the fundraising goal. If stated for the reward backed, if the payment deadline is immediate, the payment will be collected when or after the reward is shipped to the backer. The amount Backers pledge plus any applicable taxes and shipping stated on the campaign is the amount they will be charged.
- Backers agree to mail a check to the Project Creators, mail a money order to the Project Creators, send payment by Bitcoin to the Project Creators, or provide credit card information to the Service at the time the pledge is made.
- Backers agree to have sufficient funds or credit available at the payment deadline to ensure that the pledge will be collectible.
- Backers may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except that they may not cancel or reduce their pledge if the campaign is in its final 24 hours and the cancellation or reduction would drop the campaign below its goal.
- For rewards with a payment deadline at the conclusion of the campaign, the Delivery Date listed on each reward is a promise to fulfill by that date. For rewards with an immediate payment deadline, the promised reward fulfillment time period listed on each reward is a promise to fulfill by the stated time period. This reward fulfillment time period does not include shipping time.
- Project Creators agree to make a good faith attempt to fulfill each reward by its Delivery Date or within the promised reward fulfillment time period.
- Upon entering all information entered into the Service by the backer for the purpose of backing the campaign, said information except for credit card information is immediately relayed to the Project Creator. At the payment deadline of a successful campaign, EIE gives to the Project Creator all credit card information entered into the Service by the backer for the purpose of backing the campaign. For rewards with an immediate payment deadline, immediately after the backer enters the credit card information into the Service, EIE gives to the Project Creator all credit card information entered into the Service by the backer for the purpose of backing the campaign. The account information of the Service accounts of backers will not be shared with the Project Creators unless the backer re-enters the account information into the Service when asked to enter information for the purpose of backing the campaign.
- For some rewards, the Project Creator needs further information from Backers, such as a mailing address or shoe size, to enable the Project Creator to deliver the rewards. The Project Creator shall request the information directly from Backers at some point after the fundraising campaign is successful. To receive the reward, Backers agree to provide the requested information to the Project Creator within a reasonable amount of time.
- A Project Creator is not required to grant a Backer’s request for a refund after the payment deadline unless the Project Creator is unable or unwilling to fulfill the reward.
- Project Creators are required to email or mail to EIE a photocopy of the Project Creator’s credit report, gun license, or driver license. Any document that you send to EIE must have the driver's license number and social security number censored. For example, you may censor this information by using a scissor to cut it out of a paper photocopy of your document or by deleting the data field containing said information, if applicable. This information will NOT be shared with backers nor anybody else. If mailed to us, such information will be shredded upon disposal. If emailed to us, such information will be deleted through ordinary means from the mail server and the local hard drive will be demagnetized upon disposal. EIE will dispose of this information upon dissolution of itself as a corporate entity. Otherwise, EIE has no obligation to dispose of this information.
- Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
- Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
- Because of occasional failures of payments from Backers, EIE cannot guarantee the receipt by Project Creators of the amount pledged.
- EIE reserves the right to cancel a pledge at any time and for any reason.
- EIE reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. EIE is not liable for any damages as a result of any of those actions. EIE’s policy is not to comment on the reasons for any of those actions.
- Project Creators should not take any action in reliance on having their project posted on the Service or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds.
- EIE is not liable for any damages or loss incurred related to rewards or any other use of the Service. EIE is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. EIE does not oversee the performance or punctuality of projects. EIE does not endorse any User Submissions. You release EIE, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
G. General Conditions
- Your use of the Service is at your sole risk. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- In compliance with Texas Business and Commerce Code, Chapter 51, Subchapter A, Sec. 51.003, (a), the Service is NOT a business opportunity because you will not earn any profits from your purchases on the Service. Goods, services, and digital downloads that you purchase are for customer use only. You agree not to resell said goods, services and digital downloads for profit. Also, there is no initial consideration paid for uploading a digital file on to the Service. Finally, you as the backer of crowdfunded projects are only paying for rewards, which are goods and services. Your purchase of goods and services from project creators does not entitle you to equity in the business entity of the project creators. For example, you will not own any stock nor any other form of equity in the projects that you back. If you see any projects that claim you will own equity in their project, you agree to notify EIE so that we may, at our sole discretion, order the project creators to remove said claims from the Service. We will delete the accounts of any project creator's projects that are found to be repeat offenders. Project creators do not pay any initial consideration to upload their projects on to the Service. Manufacturers do not pay any initial consideration for posting offers to sell goods and services on the Service.
- In compliance with Texas Business and Commerce Code, Chapter 52, Subchapter A, Sec. 52.002, (3), (B), (V), EIE is NOT an invention developer because EIE does not charge an initial consideration nor fee, including reimbursement for expenditures made or costs incurred by EIE for your uploading digital files on to the Service. EIE does charge you a payment made from a portion of the income you receive from customer purchases of downloads of the digital files you uploaded on to the Service. EIE also will charge you a payment made from a portion of the income you receive from manufacturers' royalties paid for items manufactured and sold on the Service.
- In general, when listing items on the Service, you can include links that are solely intended to provide additional details about the items. That means links should only be used when that information can’t be included in the listing itself. These links include additional images, technical specifications, manufacturer warranties, and other information that can help buyers make an informed purchasing decision. Other links that point to a third-party provider’s website are also allowed, such as image hosting sites and auction template sites. EIE doesn’t allow links to sites or content not on the Service where other items are offered for sale. EIE continually reviews links on the site and reserves the right to block any link considered unsafe for our members. Make sure your listing follows these guidelines. If it doesn’t, it may be removed, and you may be subject to a range of other actions, including limits on your buying, selling and other privileges on the Service and suspension of your account.
- Customers may reside outside of the United States of America as long as it does not violate this Terms of Service. An uploader of a file who has signed a License Agreement has to be a person residing in or a business entity in the United States of America. A manufacturer of an object represented by a digital file on the Service has to be a person residing in or a business entity in the United States of America. All financial transactions are in United States of America currency and conducted with Paypal or Bitcoin. If you are paying EIE, the other accepted form of payment is a postal money order. If you are receiving a payment from EIE, the other accepted form of payment is a company check. All company checks have a $6.98 surcharge to cover shipping and handling. This surcharge is deducted from the payment you will receive from EIE. Accounts generating more than $20,000 in unadjusted gross sales and more than 200 transactions in a calendar year will prompt EIE to file form 1099-K for the account holder. Payments to EIE are due within the first seven days after the month to which the payments are applicable. Payments by EIE are due within the first fourteen days after the month to which payments are applicable.
- By providing profile or other materials that can be viewed publicly you agree to letting others view your Content.
- You understand that EIE uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by EIE.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- We may limit at our discretion who may have access to the Content based on geographic location as determined by the viewer’s credit card billing address. We may limit at our discretion who may have access to the Content based on age as reported by the viewer. You must be 21 years of age or older and in one of the following countries to access adult content files; Canada, USA, Mexico, Colombia, Brazil, Argentina, Chile, Belgium, Denmark, Finland, Greece, Ireland, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, Spain, Sweden, Switzerland, Turkey, Taiwan, and New Zealand. Residents of Alabama are ineligible to view adult content files. Please note that there is no pornography on this website, but some of the subject matter may be mature in nature. Also, you must be a 21 years old or older permanent resident or citizen of and residing in the United States of America to access weapon files. In addition, you have to be in a state of the United States of America. However, those in the following states are not eligible for access to weapon files; CA, AL, IL, NY, MA, CT, RI, NJ, DE, MD, D.C., and HI. There are no illegal weapon files on the Service. You hearby swear that your age and residency as reported by you to the Service are true.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- EIE does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You shall defend EIE against any claim, demand, suit or proceeding made or brought against EIE by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify EIE for any damages finally awarded against, and for reasonable attorney’s fees incurred by, EIE in connection with any such claim, demand, suit or proceeding; provided, that EIE (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases EIE of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EIE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EIE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO EIE FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
THESE TERMS OF SERVICE AND THE USE OF THE SERVICE AND SOFTWARE WILL BE GOVERNED BY TEXAS LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
All disputes under these Terms of Service that cannot be resolved by EIE and You shall be submitted to arbitration with Dispute Resolution Service of North Texas, Inc. or another Texas arbitration service in Dallas, Plano, Carrollton, or Addison agreed upon by both EIE and You under the rules and regulations of the American Arbitration Association. Either EIE or You may invoke this paragraph after providing 30 days written notice to the other party. All costs of arbitration shall be divided equally between EIE and you. Any award rendered by the arbitrator shall be final and binding on both EIE and You and may be enforced by a court of law.
These Terms of Service constitute the entire and exclusive agreement between you and EIE with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms of Service create no third party beneficiary rights. EIE’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Service, and any such attempt is void, but EIE may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. EIE and you are not legal partners or agents; instead, our relationship is that of independent contractors.
- Questions about the Terms of Service should be sent to