These terms and conditions outline the rules and regulations for the use of the Ergordica.com Website and the Ergordica design files and plans.
By accessing this website and/or accessing the design files we assume you accept these terms and conditions in full. Do not continue to use the Ergordica.com website or design files if you do not accept all of the terms and conditions stated on this page.
Terminology
The following terminology applies to these Terms and Conditions, and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“Customer” refers to Clients who access and/or make use of design files and plans on the website.
“Design” means the specific design software, product, and/or property licensed to Customer under the terms of this Agreement.
“Designer” means the third-party owner, seller, re-seller, developer, and/or creator of the Designs that Ergordica distributes on the Platform.
“Documentation”” means the user manuals and supporting documentation in electronic format provided with the Design under this Agreement.
“License Fee” means the applicable fee for which Customer licenses the Licensed Design.
“Ergordica” means Ergordica, or any of its Affiliates, the operator of the Platform and a licensed agent for the Designers.
“Platform” means any and all websites, digital parts stores, and online retail stores operated by Ergordica and/or its Affiliates, from which the Design was licensed.
“Print” means to make physical copies of the digital Designs on a 3D printer.
“Property” means Designer’s digital design file(s).
“Provider” means Designer, Ergordica, as distribution agent of Designer, and their Affiliates.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
“Website” means the digital data located at https://Ergordica.com and http://Ergordica.com.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. To learn more about our use of cookies, please see our Privacy Policy.
Patent
The ergordica is currently patent pending. The design files and invention concepts may not be used for commercial purposes without permission.
License
Unless otherwise stated, Ergordica.com and/or it’s licensors own the intellectual property rights for all material on Ergordica.com. All intellectual property rights are reserved. You may view and/or print pages from https://Ergordica.com for your own personal use subject to restrictions set in these terms and conditions. You must not republish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute content from Ergordica.com (unless content is specifically made for redistribution).
The Designs transacted through the Platform are licensed, not sold, to Customer for use only under the terms of this Agreement. Portions of some Designs may be covered by a public license such as the Creative Commons. In those cases, any portions of the Design not covered by a Creative Commons license will be covered by this Agreement and License. This License granted to Customer for the Design by Provider is limited to a non-transferable License to Print the Design on any 3D Printer that Customer owns or controls. Customer may Print an unlimited number of physical copies of the Design for personal use. Customer may not print a physical copy of the Design for commercial use. Licensing options above and beyond the usage described in this Agreement may be available for some Designs, please inquire for more information. Customer agrees that Customer is only allowed to use the Design on 3D Printers that Customer owns or controls. Customer agrees to not distribute or make the Design available over a network where it could be used by multiple devices at the same time. Customer agrees not to rent, lease, lend, sell, redistribute, modify, give away, or sublicense the Design. Customer agrees not to (nor permit any person to) copy (except as expressly permitted by this Agreement or applicable law), decompile, reverse compile, decrypt, reverse engineer, disassemble, otherwise attempt to derive the source code of, modify, or create derivative works of the Design, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Design). Any attempt to do so is a violation of the rights of the Provider and its licensors. If Customer breaches this restriction, Customer may be subject to prosecution and damages.
The Provider reserves all rights not expressly granted to Customer. The Designs and Documentation contain copyrighted material and other proprietary material and information of Designers, Ergordica, and/or their Affiliates and licensors. Designers, Ergordica, and/or their Affiliates and licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Designs and Documentation. Customer will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Designs, Documentation, or any component thereof.
User Comments
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Ergordica.com does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions ofErgordica.com, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Ergordica.com shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Ergordica.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity
- You hereby grant to Ergordica.com a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
No Warranty
Customer expressly acknowledges and agrees that the use of the Website and the Design is at customer’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy, safety, and effort is with customer. To the maximum extent permitted by applicable law, the Website and Design and any support services performed or provided by the provider are provided “as is”, “where is”, and “as available”, with all faults and without warranty of any kind. Provider, Ergordica, Designer, their licencors, and affiliates hereby disclaim all warranties and conditions with respect to the Website, the Design, and any services provided, either express, implied, or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, or fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights, including intellectual property rights. Provider does not warrant against interference with customer’s enjoyment of the Website or Design, that the functions contained in, or services performed or provided by, the Website and Design will meet customer’s requirements, that the operation of the Website, Design, or services will be uninterrupted or error-free, or that defects in the Website, Design, or service will be corrected. No oral or written information or advice given by provider or it’s authorized representatives shall create a warranty. Should the Website, Design, or services prove defective, customer assumes the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to customer.
Limitation of Liability
To the extent not prohibited by law, in no event shall provider be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to Customers use or inability to use the Website or Design or plans, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to customer.
In no event shall provider’s total liability to Customer for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount off the License Fee paid by Customer, if any.
The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
Waiver; Severability; Rights; Construction
The failure of Provider to enforce any provision of this Agreement will not constitute a waiver of the Provider’s rights to subsequently enforce the provision. Any waivers granted under this Agreement are effective only if recorded in a writing signed by the Party granting such waiver. If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable.
Modifications
Ergordica may modify the Agreement at its sole discretion by posting the revised terms on the Platform or on Ergordica.com. Your continued use of the Platform of any other affiliated website of Ergordica after any amendment evidences your agreement to be bound by the revised Terms.