Terms & Conditions
Last Updated: June 30, 2015
Thank you for using Forgge! The following are terms and conditions of the legal agreement between you and Forgge, LLC. and its affiliates (collectively, “Forgge”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“Forgge Services” or “Services”) and the use of www.forgge.com (the “Forgge Website” or “Website”).
By using the Forgge Website, you acknowledge to have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree with these terms, you should not use the Forgge Services and Website. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to both you and that organization. You may use the Services only if you have the power to form a contract with Forgge and are not barred under any applicable laws from doing so.
Forgge Services
Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, Forgge or its affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Forgge Services. Upon the receipt of a qualified request for quotation, Forgge will use best efforts to provide you with a quote to have your design manufactured utilizing our network of 3D service providers. Upon your acceptance of the quoted price and other terms, Forgge will use best efforts to have your design produced and shipped to you within the time frame specified in your order. These terms do not grant you any right, title, or interest in the Services, or the content in the Services. The technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not use the Services for any illegal purpose. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
Account Conditions
You must provide current and accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are solely responsible and liable for maintaining the confidentiality of your password and account, and are responsible for all activities that occur via your account. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
Forgge Digital Workshop™
The Forgge Digital Workshop™ is provided for your convenience to assist you in visualizing and/or modifying your model prior to ordering. After modifying, you may save and/or download your modified design. Forgge provides this service for your convenience only, and does not assume responsibility for the inability to save or download your modified design, or for any differences or perceived differences between the displayed design and the final product outside of the agreed to characteristics specifically included in your order.
Ordering
1) Placing an Order. To place an order, you complete the order form, and upload your model file in an accepted format or a chose a model from the Digital Gallery, modify the model within the Digital Workshop (if applicable), and click the Order button. You will then be directed to our payment provider’s website to complete your payment.
2) Cancellation. Due to the personalized nature of our Services (i.e. the model is produced by us based on your individual specifications), you cannot cancel your order after production has begun. Although most orders can be produced as specified, there are at times technical or other reasons why Forgge may not accept or may cancel your order, even after initial acceptance. Such reasons include but are not limited to the nonfeasibility of the model, an infringing feature (see our Intellectual Property Policy), issues with the destination of the delivery you indicated in your order, etc. In the event that we cancel your partial or entire order we will contact you via email and at our discretion will issue you store credit or a full refund for the cancelled item(s).
3) Prices. The prices displayed in the Forgge Design Gallery™ part of the Website and through the Forgge Dynamic Pricing™ system are only indications and are valid only for the moment that they are displayed. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of items may be mispriced. If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you. Forgge reserves the right to change its prices located in the Gallery or via its Dynamic Pricing system without prior notice. Such changes however will have no effect on orders completed before the posting of a new price. Prices quoted on the Website at the time of payment include shipping costs and sales tax but exclude any import duty or other taxes (if applicable).
4) Payment. You can pay for your order via credit card, PayPal.com or bank transfer. If you choose to pay by bank transfer you will receive the payment instructions via email from Forgge after confirmation of your order. All prices are indicated in either U.S. dollars (USD) or Euro (EUR). If payment is made in currency other than USD or EUR, the currency conversion will be handled by our payment service provider. Forgge is not responsible for the payment process completed via the PayPal.com website.
5) Acceptance. After accepting your order we will send you an order confirmation to the email address you specified. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. Please verify the details in the confirmation email; if there is an error please let us know as soon as possible and we would be happy to correct it.
6) Shipping. We will use commercially reasonable efforts to ship the model to your shipping address within the estimated delivery time specified in your order. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Please note that title and risk of loss is transferred to you upon transfer of the product from Forgge to the shipment carrier.
7) Order Tracking. You can track the status of your order through the Website and/or through automated email notifications which you may set up via your account.
Use of the Forgge Website
Forgge provides the Website and the Services “as is“ and “as available”. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate error-free and on an uninterrupted basis. We are not responsible for any losses suffered by you as a result of any interruption of the Website or the suspension of your access to the Website.
Copyright and all other proprietary rights in the content of the Website (excluding User Generated Content) rests with Forgge or its affiliates or 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, and any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Forgge is strictly prohibited. You agree that you will not use any robot, spider, automated device, or otherwise malicious code or manual process to monitor or copy any content from the Service or for any other purpose other than those specified in these Terms and Conditions. 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 Forgge which are provided only as a convenience to you, and we are not responsible in for their content.
Returns
Forgge does not take title to returned items until the arrival of the item to the address indicated on your returns paperwork included with your order has been confirmed by the carrier. At our discretion, a refund may be issued without requiring a return; in this case Forgge does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
User Generated Content
The term “User Generated Content” when used in these Terms and Conditions means any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order, as well as the printed model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or infringe or be likely to infringe on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right. Forgge has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of Forgge. In order to keep Forgge and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented the take-down procedures in our Content Policy.
Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does 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 licenses 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.
Intellectual Property Rights of 3D Designs
You retain all your intellectual property rights in your 3D design, including without limitation any and derivative works such as 3D renders. Except for the rights and licenses specified below, Forgge shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D design, you warrant that you possess all necessary rights to use the design. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend Forgge against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Forgge with respect to such claims.
By uploading your 3D design to the Website, you grant Forgge a non-exclusive, royalty free worldwide transferable license on your design to use it (i) for the manufacturing of your model in order to fulfill your order; and if you so indicate during the upload process:(ii) to display it on the Forgge Website;(iii) and to use and modify it for the manufacturing of your model in order to fulfill the order of any other Website user.
You can change the rights (ii) and (iii) via the order detail page of the 3D design at any time. With regard to such non-published 3D design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from the take-down provisions in our Content Policy, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.
By removing your 3D design from the Website you terminate all licenses granted to Forgge to such 3D design under these Terms and Conditions. Forgge is however entitled to use your 3D design to fulfill orders of your 3D design that were placed before the removal; and to use your 3D design for promotional purposes, which license shall terminate 24 months after the removal of your 3D design. 3D designs are only used for promotional purposes with your explicit consent.
Warranty & Limitation of Liability
Unless otherwise specified in the warranty section of the order form, Forgge warrants only that the model manufactured by us will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. Forgge does not otherwise warrant the performance of the models and does not guarantee that the model will be fit for any particular purposes. Please inspect the model upon receipt immediately. If the model is faulty when you receive it, you must contact us within 10 days after receipt. Forgge will determine in its sole discretion whether to manufacture a replacement or provide a refund. In case of a faulty product, shipping costs will be borne by Forgge.
FORGGE MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, FORGGE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSIVE REMEDY AGAINST FORGGE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE THE REFUND OF THE TOTAL FEES PAID BY YOU TO FORGGE. IN NO CASE WILL FORGGE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL FORGGE, ITS AFFILIATES OR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE FOR EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), LOSS OF BUSINESS, OR LOST PROFITS, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY OR ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 FORGGE FOR THE RELEVANT ORDER.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Forgge Services. Save as set out below or contained in a qualified order agreed to by us, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
Nothing in these Terms and Conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
Consent to Use of Personal Data
By using our Services you agree that Forgge may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with our Privacy Policy.
Applicable Law
These Terms and Conditions shall be governed by the laws of South Carolina USA, without giving effect to any conflict of law principles.
Arbitration
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Forgge. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this agreement. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of South Carolina or another location chosen by Forgge, and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator’s award damages must be consistent with the terms of the “Warrantee and Limited Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by your claim.
Indemnification
You agree to indemnify and hold Forgge, its officers, directors, employees, affiliates and agents harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising from or relating to any claims that result from your use of the Services or any breach of these Terms and Conditions.
Non-Circumvention
You agree not to engage or otherwise use a service provider who has been introduced to you via your use of the Forgge Services outside of these Terms & Conditions.
Change of Website, the Services, Site Policies, Severability and Terms & Conditions
We reserve the right to make changes to our Website, Policies, Services and these Terms & Conditions at any time. Such amended Terms & Conditions shall be effective upon posting on this Website. Your continued use of any Forgge Services indicates your acceptance of the amended terms. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The following obligations shall survive the expiration or termination hereof: (i) any and all limitations of liability and indemnities granted by either party herein, (ii) any covenant granted herein for the purpose of protecting the proprietary rights of either party or any remedy for breach thereof, (iii) the payment of taxes, duties, or any money to either party hereunder, and (iv) the return of materials to either party.
Export Regulations
You must comply with all export and re-export restrictions and regulations of the Department of Commerce, Department of State and other United States agencies and authorities that may apply to the Forgge Services.
Termination & Surviving Obligations
You may cease using our Services any time. We reserve the right to suspend or end our Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms & Conditions, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and assist you in retrieving data, although there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. The term of this Agreement shall commence immediately upon the acceptance by Forgge of your Order and shall continue for the duration of the terms specified in your Order. After the expiration or termination of this Agreement, any existing Order then still in effect shall continue unaffected and in full force and effect unless otherwise terminated as provided herein or in such Order. The following obligations shall survive the expiration or termination hereof: (i) any and all limitations of liability and indemnities granted by either party herein, (ii) any covenant granted herein for the purpose of protecting the proprietary rights of either party or any remedy for breach thereof, (iii) the payment of taxes, duties, or any money to either party hereunder, and (iv) the Non-Circumvention obligations.
Miscellaneous
These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, and other communications made by Forgge represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Forgge. No amendment of these Terms and Conditions shall be binding upon Forgge unless in writing and signed by Forgge. You may not assign any part of this Agreement without prior written approval by Forgge. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Forgge’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Forgge or any of its affiliates as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notice & Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to service@forgge.com.
We may provide notice to the email provided by you as part of these Terms & Conditions. Such notice will be deemed to be given when received.