("Terms and Conditions") Last updated: Sept 21, 2011
The following are terms and conditions of a legal agreement between you and My Robot Nation, Inc. (hereinafter referred to as "My Robot Nation," "we", "us" or "our"). These terms and conditions govern your use of the services, products, software, data, information, materials, and everything else that we offer and use ("My Robot Nation Services" or "Services"), and the use of www.myrobotnation.com (the "My Robot Nation Website" or "Website").
By using the My Robot Nation Website, or any of the My Robot Nation Services, you acknowledge to have read, to have understood, and to agree to be bound by these "Terms and Conditions," and to My Robot Nation'™s Privacy Notice, found at http://www.myrobotnation/privacy, and incorporated herein by reference, and to comply with any and all applicable laws and regulations. If you do not agree with these Terms and Conditions, or the terms of the Privacy Notice, you may not use the My Robot Nation Services or My Robot Nation Website.
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version found at http://www.myrobotnation.com/terms. My Robot Nation may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions.
Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
These Terms and Conditions apply to all users of the Services or the Website, including users who may also contribute or upload Content to the Services or the Website.
"Content" includes, but is not limited to, any and all code, text, software, scripts, files, objects, pictures, comments, specifications, graphics, photos, sounds, music, videos, audio, audiovisual combinations, interactive features, robots, materials, or anything else that you may view on, access through, purchase from, contribute, or upload to the Services or the Website.
The "Services" includes all aspects of My Robot Nation, including but not limited to all products, software, services, and community features offered via the My Robot Nation Website.
The Services or the Website may contain links or access to third party websites or materials that are not owned or controlled by My Robot Nation. My Robot Nation has no control over, and assumes no responsibility for the websites, materials, privacy policies, or practices of any third party. In addition, My Robot Nation will not and cannot censor or edit any third-party website or materials. By using the Services or the Website, you expressly relieve My Robot Nation from any and all liability arising from your use of any third-party website or material.
In order to access some features of the Services and the Website, you will have to create an account. You agree that you will never use another's account without permission. When creating your account, you agree to provide accurate and complete information. You agree that you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify My Robot Nation immediately of any breach of security or unauthorized use of your account.
My Robot Nation will not be liable for any losses caused by any unauthorized use of your account, but you will be liable for the losses of My Robot Nation or others due to such unauthorized use.
We reserve the right to refuse service to or terminate service to anyone at any time without notice for any reason.
The Content, and the trademarks, trade names, service marks, copyrights and logos ("Marks") in the Services and on the Website, are either owned by or licensed to My Robot Nation, subject to copyright and other intellectual property rights under the law.
Content and Marks are provided to you AS IS. You may access Content or Marks for your information and personal use solely as intended through the provided functionality of the Services and the Website, and as permitted under these Terms and Conditions. You shall not download any Content or Marks unless you see a "download" or similar link displayed by My Robot Nation on the Services or Website for that specific Content or Marks. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content or Marks for any other purposes without the prior written consent of My Robot Nation or the respective licensors of the Content or Marks, nor shall you use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website or the Services. My Robot Nation and its licensors reserve all rights not expressly granted in and to the Services, the Website, Content, and the Marks.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services, the Website, or features that prevent or restrict use or copying of any Content or Marks or enforce limitations on use of the Services, the Website, or the Content or Marks therein.
You understand and acknowledge that when using the Services and the Website, you may be exposed to Content or Marks from sources other than My Robot Nation, including those of other users, and that My Robot Nation is not responsible for such content or Marks. Any opinions expressed in such Content or Marks are not necessarily the opinion of My Robot Nation. You further understand and acknowledge that you may be exposed to Content or Marks that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against My Robot Nation with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless My Robot Nation, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services and the Website.
You understand and agree that My Robot Nation does not guarantee any confidentiality with respect to any Content you submit or upload.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Website or the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any and all Content you submit, and you license to My Robot Nation all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website and on the Services pursuant to these Terms and Conditions.
By submitting, uploading, or otherwise providing Content to My Robot Nation, you hereby grant My Robot Nation a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, edit, modify, perform, and otherwise fully exploit any and all of such Content in connection with the Website or the Services and My Robot Nation's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website and the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites, social media websites, and feeds). You also hereby grant each user of the Website or the Services a non-exclusive license to access your Content through the Website or the Services, and to use, reproduce, distribute, display, edit, modify, perform, and otherwise fully exploit such Content as permitted through the functionality of the Website and the Services and under these Terms and Conditions. You understand and agree that My Robot Nation may retain, display, distribute, or perform copies of your Content that have been removed or deleted from the Website or the Services. The above licenses granted by you are perpetual and irrevocable. You represent and warrant that you have all rights to grant the licenses discussed above without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, trade names, trademarks, service marks, copyrights, contract rights, or any other intellectual property or proprietary rights.
You further agree that Content you submit to the Website and the Services will not contain third party copyrighted or trademarked material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant My Robot Nation all of the license rights granted herein.
You further agree that you will not submit to the Website or the Services any Content or other material that is contrary to or in violation of any and all applicable local, national, and international laws and regulations.
My Robot Nation does not endorse any Content or Marks submitted to the Website or the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and My Robot Nation expressly disclaims any and all liability in connection with such Content. My Robot Nation does not permit copyright or trademark infringing activities and infringement of intellectual property rights on the Website or the Services, and My Robot Nation will remove all Content if properly notified that such Content infringes on another's intellectual property rights. My Robot Nation reserves the right to remove Content or Marks without prior notice.
My Robot Nation will terminate a user's access to the Website or the Services if, under appropriate circumstances, the user is determined to be in violation of any of these Terms and Conditions. A terminated user shall have no right to a return of any monies paid to or deposited with My Robot Nation, and expressly waives any demand for said refund.
My Robot Nation reserves the right to decide whether Content violates these Terms and Conditions for reasons of copyright, trademark, or intellectual property infringement, or being impermissibly abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, or unlawful. My Robot Nation may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such Content.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
My Robot Nation'™s designated Copyright Agent to receive notifications of claimed infringement is 3D Systems Corporation, Attention: Vice President, General Counsel and Secretary, 333 Three D Systems Circle, Rock Hill, SC 29730, +1 (415) 307-8199, email@example.com. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to My Robot Nation customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, My Robot Nation may send a copy of the counter-notice to the original complaining party informing that person that My Robot Nation may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at My Robot Nation's sole discretion.
The language to be used during the entire ordering process is English.
After you submit your product order we will send an order confirmation to the e-mail address associated with your My Robot Nation account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. You should verify the details in the confirmation email. If there are errors you must contact us as soon as possible by sending an email to customer service.
There may be technical or other reasons why My Robot Nation cannot accept, or will cancel your order, even after sending an order confirmation. You agree that My Robot Nation will make a determination as to whether to cancel your order in My Robot Nation'™s sole discretion. Reasons for cancellation may include, but are not limited to, inability to produce the order, copyright or trademark infringement, the destination of delivery specified in your order, etc. In the event that My Robot Nation decides to cancel your order, My Robot Nation will contact you via email, and you will receive a full refund for any monies paid.
Your order will be delivered to the shipping address that you provide unless My Robot Nation does not ship to that address. We will use commercially reasonable efforts to ship your order to the shipping address within the delivery time indicated in our confirmation email. Any shipping or delivery date provided by My Robot Nation is a best estimate, and My Robot Nation shall not be liable for any damages of any kind caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon delivery by My Robot Nation to the carrier for shipment.
Due to the personalized nature of our Services (i.e. the product is produced and supplied by us based on your specifications), orders cannot be cancelled or changed after payment has been made. However, My Robot Nation reserves the right, in My Robot Nation'™s sole discretion, to consider accepting a particular cancellation request if you contact My Robot Nation via email prior to initiation of production.
My Robot Nation does not give any warranty about the Website or the Services, and does not guarantee that any product or any of the other services provided will be fit for any particular purposes. Please inspect any product immediately upon receipt. If the product is faulty when you received it, or you received the wrong order, and you believe you are entitled to a replacement, please contact us within 3 days after receipt of the product via email@example.com. Via the highlighted link, you can provide My Robot Nation with your sale I.D. number, and apply for pre-paid return shipping of your faulty product to My Robot Nation. Upon receipt of the faulty product, My Robot Nation will replace the faulty product with a product built to the exact same specifications as your original order. No cash or credit refunds will be provided. A claim of a faulty product will only be considered if made within 3 days after receipt of your original order.
My Robot Nation does not warrant that the use of the Website or the Services will be uninterrupted or error free. The Website and the Services may be subject to temporary downtime. From time to time My Robot Nation will update the Website, which will result in the Website not being available for a certain period of time. My Robot Nation is not responsible for any losses suffered by you as a result of any interruption of the Website or the Services. The Website and Services are controlled and offered by My Robot Nation from its facilities in the United States of America. My Robot Nation makes no representations that the Website or Services are appropriate or available for use in other locations. Those who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
MY ROBOT NATION MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSELY IN THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, MY ROBOT NATION, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, OR THE PRODUCTS MANUFACTURED BY OUR THIRD-PARTY MANUFACTURER AND PURCHASED THROUGH OUR WEBSITE (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES. MY ROBOT NATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND MY ROBOT NATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK.
IN NO EVENT SHALL MY ROBOT NATION, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF OUR WEBSITE, THE PRODUCTS MANUFACTURED BY OUR THIRD-PARTY MANUFACTURER AND SOLD THROUGH OUR WEBSITE, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY (I) LOSS OF INCOME, PROFITS, DATA, OR CONTRACTS (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE PRODUCTS MANUFACTURED BY OUR THIRD-PARTY MANUFACTURER AND SOLD THROUGH OUR WEBSITE, OR THE SERVICES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR PRODUCT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY ROBOT NATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MY ROBOT NATION SHALL NOT BE LIABLE FOR THE CONTENT OF, THE PRODUCTS OF, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY MY ROBOT NATION.
WARNING! PLEASE NOTE THAT THE MATERIALS USED BY OUR THIRD-PARTY MANUFACTURER FOR MANUFACTURING THE PRODUCTS ORDERED THROUGH THE WEBSITE MAKE THE PRODUCTS SUITABLE ONLY FOR DECORATIVE PURPOSES. THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE PRODUCTS ARE NOT SUITED TO BE USED AS TOYS OR TO BE GIVEN TO CHILDREN. THE PRODUCTS SHOULD NOT COME IN CONTACT WITH ELECTRICITY, FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT. THE PRODUCTS ARE BREAKABLE, ABRASIVE, AND SHOULD BE HANDLED WITH CARE. THE PRODUCTS PRESENT A CHOKING HAZARD AND ARE INAPPROPRIATE FOR YOUNG CHILDREN. THE PRODUCTS MAY CAUSE REDNESS AFTER PRONLONGED HANDLING BY SENSITIVE SKIN.
THE 3D PRINTING PROCESS USED BY OUR THIRD-PARTY MANUFACTURER TO MANUFACTURE THE PRODUCTS ORDERED THROUGH THE WEBSITE ALLOWS FOR ENTIRELY UNIQUE, ONE-OF-A-KIND CREATIONS. THIS UNIQUE MANUFACTURING PROCESS WILL CREATE VARIATIONS BETWEEN PRODUCTS ORDERED WITH IDENTICAL SPECIFICATIONS. DUE TO THE FACT THAT COLOR DISPLAYS AND COMPUTER SCREENS VARY GREATLY, THE PRODUCT THAT YOU RECEIVE WILL NOT BE IDENTICAL TO THE FINAL VERSION OF THE PRODUCT YOU SEE ON YOUR COMPUTER SCREEN WHEN YOU SUBMIT YOUR ORDER. DETAILS ADDED TO PRODUCTS BY YOU, INCLUDING BUT NOT LIMITED TO STAMPS AND ATTACHMENTS, WILL LOSE RESOLUTION ON SMALLER PRODUCTS. LARGER PRODUCTS WILL HAVE MORE DEFINITION IN BOTH COLOR AND SHAPE.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless My Robot Nation, its parent limited liability company or corporation, managers, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website or Services.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My Robot Nation without restriction.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
You agree that: (i) the Website and Services shall be deemed solely based in California; and (ii) the Website and Services shall be deemed a passive website that does not give rise to personal jurisdiction over My Robot Nation, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and My Robot Nation that arises in whole or in part from the Website or Services shall be decided exclusively by a court of competent jurisdiction located in Marin County, California. These Terms and Conditions, together with the Privacy Notice at http://www.myrobotnation.com/privacy and any other legal notices published by My Robot Nation, shall constitute the entire and exclusive agreement between you and My Robot Nation concerning the Website and the Services, and shall supersede any proposal or prior agreement, oral or written, and any other communications between you and My Robot Nation. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and My Robot Nation 's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. My Robot Nation reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND MY ROBOT NATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions regarding these Terms and Conditions, the Website or the Services, you can contact us by sending an email to firstname.lastname@example.org.