General Terms of Service

Owned by m
Last updated: May 03, 2017

DIGITAL MANUFACTURING COMMONS TERMS OF USE

Last Updated: January 23, 2017

These Digital Manufacturing Commons (“DMC”) Terms of Use (“Terms”) apply to your access to and use of the DMC websites and related online products and services, including our website located at opendmc.org, (collectively, our “Services”) provided by (“UI LABS” or “we”). By clicking to indicate your acceptance of these Terms or otherwise using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, do not access or use our Services. If you are accessing or using our Services on behalf of another person or entity (such as using the Services for a company’s purposes), you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the “Last Updated” date at the beginning of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

If you have any questions about these Terms or our Services, please contact us at askdmc@uilabs.org.

1 Privacy

Please refer to our Privacy Policy tab for information about how we collect, use and disclose information about you.

2 Additional Terms

In addition to these Terms, we may ask you to accept additional terms that apply to particular services, products or features. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable service, product or feature.

3 Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. By using our Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (b) have the full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party, and (c) are not barred from receiving or using the Services under the laws of the United States or any other applicable jurisdiction.

4 Accounts and Electronic Communications

4.1 Accounts

: In order to access and use certain areas or features of the Services, you will need to register for an account. By creating an account, you agree to (a) provide accurate account information and promptly update this information if it changes, (b) maintain the security of your account credentials, (c) not share your account credentials with others, and (d) promptly notify us if you discover or suspect that someone has accessed your account without your permission or any other breach of security related to the Services of which you become aware.

4.2 Electronic Communications

: By creating a DMC account, you also consent to receive electronic communications from UI LABS (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., password changes and other information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. If you wish to opt out of regular communication, please send an email requesting removal to 

askdmc@uilabs.org

5.1 Limited License: Our Services and the text, graphics, images, photographs, videos, data, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “DMC Content”) are owned by or licensed to UI LABS and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, UI LABS and our licensors reserve all rights in and to our Services and the DMC Content.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our and DMC Content for your organization’s internal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or DMC Content; (b) copy, reproduce, distribute, publicly perform or publicly display DMC Content, except as expressly permitted by us or our licensors; (c) modify the DMC Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or DMC Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or DMC Content other than for their intended purposes. Any use of our Services or DMC Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

5.2 Hyperlinks: You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided that such link does not portray UI LABS, DMC, any of the labs of UI LABS and any of the labs’ respective members or partners on any of our Services in a false, misleading, derogatory or otherwise objectionable. This limited right may be revoked at any time. You may not use a UI LABS or DMC logo or other proprietary graphic of UI LABS to link to the Services without our express written permission.

6 Third Party Content & Third Party Software

6.1 Third Party Content: We may display content, advertisements and promotions from third parties through the Services (collectively, "Third Party Content"). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that UI LABS is not responsible or liable in any manner for such interactions or Third Party Content.

6.2 Third Party Software: Our Services may also contain third party software that is subject to open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, subject to additional terms and conditions. Nothing in these Terms limits your rights under, or grants you rights that supersede the terms and conditions of any applicable end user license for such Open Source Software. We make no representations or warranties of any kind regarding such third party software, and you agree that UI LABS is not responsible or liable in any manner for such third party software.

7 User Content

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, data, videos, software, project updates, and other materials, including documentation on DMC wiki and developer technical documentation (collectively, "User Content").

Unless you include a specific written license with any User Content that you post or share on our Services, you agree that you are making such User Content available as public domain content that others can use freely and at will.

Notwithstanding the above paragraph, you grant UI LABS a limited, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content on our Services, for the purposes of operating, improving and providing our Services to you and others.

When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) will be visible to other users.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

8 Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

 

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and UI LABS;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
  • Bypass or ignore instructions contained in our robots.txt file, accessible at http://opendmc.org/robots.txt, that controls automated access to portions of our Services; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  • You may only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

 

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

 

  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party unless such party has provided adequate permission for such activity;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose DMC or others to any harm or liability of any type.

 

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

9 Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify UI LABS’ Designated Agent as follows:

Designated Agent: Marcin Welninski, UI LABS

Address: 1415 North Cherry Ave, Chicago IL, 60622

E-Mail Address: askdmc@uilabs.org

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to UI LABS for certain costs and damages.

10 Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about UI LABS or our products or Services (collectively, "Feedback"), is non-confidential and will become the sole property of UI LABS. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless UI LABS, its subsidiaries, affiliates, officers, agents, partners, other members, employees, independent contractors, service providers and consultants, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “UI LABS Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify UI LABS Parties of any third party Claims, cooperate with UI LABS Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). Members agree they will not seek or receive indemnity for any Claim in which such Member is a claimant. You also agree that the UI LABS Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and UI LABS or the other UI LABS Parties.

12 Disclaimers

We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Services.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, UI LABS does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While UI LABS attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses, malware, or other harmful components. You assume the entire risk as to the quality and performance of the Services and any negative consequence that may result from your accessing and/or using the Services.

13 Limitation of Liability

UI LABS and the other UI LABS Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if UI LABS or the other UI LABS Parties have been advised of the possibility of such damages.

The total liability of UI LABS and the other UI LABS Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the lesser of (i) any compensation you pay to us for access to or use of the Services or (ii) $10.

The limitations set forth in this Section 13 will not limit or exclude liability for any matters in which liability cannot be excluded or limited under applicable law.

14 Release

To the fullest extent permitted by applicable law, you release UI LABS and the other UI LABS Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15 Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

16 Dispute Resolution; Binding Arbitration

Please read this Section 16 carefully because it requires you to arbitrate certain disputes and claims with UI LABS.

Except for small claims disputes in which you or UI LABS seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or UI LABS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and UI LABS waive your rights whether through a jury trial or otherwise to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois. in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and UI LABS agree that any dispute arising out of or related to these Terms or our Services is personal to you and UI LABS and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and UI LABS agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. If you are an individual user, you and UI LABS agree that for any arbitration you initiate, you will pay the filing fee and UI LABS will pay the remaining JAMS fees and costs; for any arbitration initiated by UI LABS, UI LABS will pay all JAMS fees and costs. In arbitrations involving entities, the party initiating arbitration will pay the filling fee and the non-prevailing party will pay the remaining JAMS fees and costs. You and UI LABS agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise; the claim is permanently barred, which means that you and UI LABS will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing us at askdmc@uilabs.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

17 Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.

18 Export Compliance

All or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services. You may not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that: (a) you are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.

19 Modification to our Services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services or any features or parts thereof at any time with or without notice to you.

20 Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

21 Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22 Survival

The following sections will survive the expiration or termination of these Terms and termination of your UI LABS account: all defined terms and Sections 1-5.1 (1st paragraph), 6-23.

23 Miscellaneous

These Terms, together with supplemental terms (if any), constitute the entire agreement between you and UI LABS relating to your access to and use of our Services. The failure of UI LABS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.