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Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, AND SERVICES OFFERED BY MYSTEM3D.com. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT MYSTEM3D.com (THE "SITE"),

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

1. MYSTEM3D.com is a Venue


MYSTEM3D.com acts as a venue to allow users who comply with MYSTEM3D.com policies to offer, sell and buy certain goods and services within a fixed-price format. MYSTEM3D.com is not directly involved in the transaction between buyers and sellers. As a result, MYSTEM3D.com has no control over the quality, safety, morality or legality of any aspect of the items listed by the vendors, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. MYSTEM3D.com does not pre-screen users (except for services that require an application) or the content or information provided by users. MYSTEM3D.com cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, MYSTEM3D.com does not transfer legal ownership of items from the seller to the buyer.

MYSTEM3D.com cannot guarantee the true identity, age, and nationality of a user. MYSTEM3D.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that MYSTEM3D.com is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, 3d print files, stl files and links posted by you, other users, or outside parties on MYSTEM3D.com. You use the MYSTEM3D.com service at your own risk.

2. Membership Eligibility


Age: MYSTEM3D.com services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. MYSTEM3D.com may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use MYSTEM3D.com services only in conjunction with and under the supervision of a parent, teacher or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by MYSTEM3D.com policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by MYSTEM3D.com, each of which is incorporated herein by reference and each of which may be updated by MYSTEM3D.com from time to time without notice to you.

Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MYSTEM3D.com of any unauthorized use of your password or any breach of security. You also agree that MYSTEM3D.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than MYSTEM3D.com without MYSTEM3D.com's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your MYSTEM3D.com account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: MYSTEM3D.com's services are not available to temporarily or indefinitely suspended MYSTEM3D.com members. MYSTEM3D.com reserves the right, in MYSTEM3D.com's sole discretion, to cancel unconfirmed or inactive accounts. MYSTEM3D.com reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing


Joining and setting up a shop on MYSTEM3D.com is free. MYSTEM3D.com charges a percentage of the sale price when the item sells. MYSTEM3D.com may choose to temporarily change the Fees Policy and the fees for MYSTEM3D.com's services for promotional events (for example, free transaction days); such changes are effective when MYSTEM3D.com posts the temporary promotional event on the Site. MYSTEM3D.com may, at MYSTEM3D.com's sole discretion, change some or all of MYSTEM3D.com’s services at any time. In the event, MYSTEM3D.com introduces a new service, the fees for that service are effective at the launch of the service.


4. Listing and Selling


Listing Description: All listings on MYSTEM3D.com must be for sale, rent, or free sample, depending on the category chosen. By listing an item on the Site you warrant that you and all aspects of the item comply with MYSTEM3D.com's terms of services. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your MYSTEM3D.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their MYSTEM3D.com shop. These policies may include, for example, copyright, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with MYSTEM3D.com's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. MYSTEM3D.com reserves the right to request that a seller modify a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding MYSTEM3D.com transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities


You are solely responsible for your conduct and activities on and regarding MYSTEM3D.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on MYSTEM3D.com.

Restricted Activities: Your Content and your use of MYSTEM3D.com shall not:

Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other 
proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MYSTEM3D.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Interfere with a seller’s business or shop
Take any action that may undermine online reviews or feedback 
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack MYSTEM3D.com or modify another website so as to falsely imply that it is associated with MYSTEM3D.com;
Appear to create liability for MYSTEM3D.com or cause MYSTEM3D.com to lose (in whole or in part) the services of MYSTEM3D.com’s ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on MYSTEM3D.com.
Furthermore, you may not list any item on MYSTEM3D.com (or consummate any transaction that was initiated using MYSTEM3D.com 's service) that, by paying to MYSTEM3D.com the listing fee or the final value fee, could cause MYSTEM3D.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content


License: MYSTEM3D.com does not claim ownership rights in your Content. You grant MYSTEM3D.com a license solely to enable MYSTEM3D.com to use any information or Content you supply MYSTEM3D.com with so that MYSTEM3D.com is not violating any rights you might have in that Content. You grant MYSTEM3D.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow MYSTEM3D.com to store, translate, or re-format your Content on MYSTEM3D.com and display your Content on MYSTEM3D.com in any way MYSTEM3D.com chooses. MYSTEM3D.com will only use personal information in accordance with MYSTEM3D.com’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another MYSTEM3D.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MYSTEM3D.com-related communications. MYSTEM3D.com has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any MYSTEM3D.com user to your email or physical mail list. For more information, see MYSTEM3D.com's Privacy Policy.

Re-Posting Content: By posting Content on MYSTEM3D.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold MYSTEM3D.com harmless for any dispute concerning this use. If you choose to display your own MYSTEM3D.com-hosted image on another website, the image must provide a link back to its listing page on MYSTEM3D.com.

Idea Submissions: MYSTEM3D.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and MYSTEM3D.com shall not be liable for the disclosure or use of such Material. If at MYSTEM3D.com’s request, any member sends Material to improve the site (for example through the Forums or to customer support), MYSTEM3D.com will also consider that Material to be non-confidential and non-proprietary and MYSTEM3D.com will not be liable for use or disclosure of the Material. Any communication by you to MYSTEM3D.com is subject to this Agreement. You hereby grant and agree to grant MYSTEM3D.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control


MYSTEM3D.com does not control the Content provided by users that are made available on MYSTEM3D.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks in dealing with international trade and foreign nationals. By using MYSTEM3D.com, you agree to accept such risks and that MYSTEM3D.com (and MYSTEM3D.com's officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any and all acts or omissions of users on MYSTEM3D.com. Please use caution, common sense, and practice safe buying and selling when using MYSTEM3D.com.

Other Resources: MYSTEM3D.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MYSTEM3D.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that MYSTEM3D.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Resolution of Disputes and Release


Disputes with MYSTEM3D.com: In the event, a dispute arises between you and MYSTEM3D.com, please contact MYSTEM3D.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New Delhi, India using the English language by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and MYSTEM3D.com agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event, a dispute arises between you and another user or a third party, MYSTEM3D.com encourages you to contact the user or third party to resolve the dispute amicably.

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on MYSTEM3D.com, they may choose to participate in MYSTEM3D.com’s case system in order to resolve the dispute. Cases are escalated for review and resolution by MYSTEM3D.com. MYSTEM3D.com provides its dispute resolution process for the benefit of users. MYSTEM3D.com does so in MYSTEM3D.com’s sole discretion, and MYSTEM3D.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that MYSTEM3D.com attempts to resolve a dispute, MYSTEM3D.com will do so in good faith based solely on MYSTEM3D.com’s policies. MYSTEM3D.com will not make judgments regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

You release MYSTEM3D.com (and MYSTEM3D.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

9. MYSTEM3D.com’s Intellectual Property


MYSTEM3D.com, and other MYSTEM3D.com graphics, logos, designs, page headers, button icons, scripts, and service names may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference


MYSTEM3D.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on MYSTEM3D.com is updated on a real-time basis and is proprietary or is licensed to MYSTEM3D.com by MYSTEM3D.com's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access MYSTEM3D.com for any purpose whatsoever, except to the extent expressly permitted by and in compliance with MYSTEM3D.com's API Terms of Use or otherwise without MYSTEM3D.com’s prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in MYSTEM3D.com's sole discretion, an unreasonable or disproportionately large load on MYSTEM3D.com's infrastructure Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in MYSTEM3D.com Guidelines from the Site except to the extent expressly permitted by and in compliance with MYSTEM3D.com's API Terms of Use or otherwise without the prior express written permission of MYSTEM3D.com and the appropriate third party, as applicable Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass MYSTEM3D.com's robot exclusion headers or other measures MYSTEM3D.com may use to prevent or restrict access to MYSTEM3D.com.

11. Breach


Without limiting any other remedies, MYSTEM3D.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn MYSTEM3D.com’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

MYSTEM3D.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; MYSTEM3D.com is unable to verify or authenticate any of your personal information or Content; or MYSTEM3D.com believes that a user is acting inconsistently with the letter or spirit of MYSTEM3D.com's policies, has engaged in improper or fraudulent activity in connection with MYSTEM3D.com or the actions may cause legal liability or financial loss to MYSTEM3D.com's users or to MYSTEM3D.com.

MYSTEM3D.com reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on MYSTEM3D.com.

12. Privacy


Except as provided in MYSTEM3D.com’s Privacy Policy, MYSTEM3D.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

13. No Warranty


MYSTEM3D.com, MYSTEM3D.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MYSTEM3D.com'S SUPPLIERS PROVIDE MYSTEM3D.com'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MYSTEM3D.com, MYSTEM3D.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MYSTEM3D.com'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MYSTEM3D.com SHALL CREATE ANY WARRANTY. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limit


IN NO EVENT SHALL MYSTEM3D.com, AND (AS APPLICABLE) MYSTEM3D.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MYSTEM3D.com'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MYSTEM3D.com'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.


15. Indemnity


YOU AGREE TO INDEMNIFY AND HOLD MYSTEM3D.com AND (AS APPLICABLE) MYSTEM3D.com 'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guarantee


MYSTEM3D.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MYSTEM3D.com’s control.

17. Legal Compliance; Taxes


You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any MYSTEM3D.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on MYSTEM3D.com's net income).

18. Severability


If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency


You and MYSTEM3D.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. MYSTEM3D.com Service


MYSTEM3D.com reserves the right to modify or terminate the MYSTEM3D.com service for any reason, without notice, at any time. MYSTEM3D.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If MYSTEM3D.com makes a material change MYSTEM3D.com will notify you here, by email, by means of a notice on our home page, or other places MYSTEM3D.com deems appropriate. What constitutes a "material change" will be determined MYSTEM3D.com’s sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law


This Agreement shall in all respects be interpreted and construed with and by the laws of India, excluding its conflicts of laws rules.

22. Survival


Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (MYSTEM3D.com's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

23. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

24. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

25. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

26. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

27. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.