Welcome to Dindie’s Terms of Use
1. Hi and welcome to Dindie! We’re happy to have you here and we hope you enjoy your stay.
2. These terms govern your use of Dindie and form a binding agreement between us. By creating your Dindie account, downloading or using any of the content on Dindie.com, you agree that you have read and accept these terms, either for yourself or on behalf of your employer or the entity that is identified as the member account holder.
3. You need to be 16 years or over to browse Dinde. We don’t knowingly collect any information from anyone aged 16 or under. When browsing Dindie you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of Dindie whether or not you’re a subscriber.
4. You need to be 18 years or over to make a purchase or to become a subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
About Dindie
5. The ‘Dindie Service’ is a web-based platform and service that enables you to Purchase and Download 3D Models that we (or our licensors) own, you can Print and use such models for non lucrative purposes.
6. You can purchase a product for Dindie, which will give you the ability to download a 3D Model to print and use for non lucrative purposes. The use of any 3D Models is limited to a single person. Prices may vary depending on the Product.
7. The use of all 3D Models is subject to the following terms:
- You are granted a non-exclusive, non-transferable, revocable license to use the 3D Models you purchase from Dindie.
- You may print the 3D Models for personal and commercial purposes.
- You may sell the printed products derived from the 3D Models.
- You may modify the 3D Models for personal and commercial use but not redistribute or sell the modified digital files.
- You may not resell, redistribute, or share the original or modified 3D Models in any digital format.
Ownership of IP
8. Subject to clause 9, we own the following (our IP):
a. the copyright subsisting in the code in the underlying system that runs the Dindie Service, the Applications, the 3D Models and all other content published on the Dindie site;
b. the copyright subsisting in the design, layout, compilation and look and feel of the Dindie site;
c. the copyright subsisting in all of the 3D Models made available to you as part of the Dindie Service; and
d. the Dindie trademark and all other trademarks used on or in connection with the Dindie site.
9. Important Note: Certain 3D Models will be sourced from a third party and different license terms may apply to such components, such as someone else’s license or an open source or creative commons license. That other license will apply to that other component. The Dindie Terms of Use will apply to the rest of the 3D Models or Product as applicable. The Dindie Service uses images and names of third party products. Intellectual property rights in relation to those products (including registered trademarks) belong to their respective owners. We are not affiliated or associated with, or authorised or endorsed by, the owners of the products.
10. You may not copy, distribute, modify, publish or make derivative works of any of our IP in any way not expressly authorised by these terms.
11. You will retain all rights to the Printed Products you Print using our 3D Models.
Your responsibilities
12. You must:
a. ensure that the use of your 3D Printed Products and Downloaded 3D Models do not infringe the rights of any person (You consent to (and warrant that you have obtained all necessary consents for) our use, collection and disclosure of such non-public personally identifiable information as required to provide the Dindie Service and in accordance with our Privacy Policy);
b. Your Printed Products and Downloaded 3D Models do not breach (or cause us to breach) any any applicable laws; and
c. comply with our Acceptable Use Policy at all times in relation to your Printed Products and Downloaded 3D Models.
13. You must not:
a. interfere with or disrupt the integrity or performance of the Dindie Service;
b. attempt to gain unauthorized access to the Dindie Service, the Applications or related systems and networks;
c. license, sublicense, sell, resell or otherwise commercially exploit or make the Dindie Service available to any third party (except as expressly contemplated by these terms);
d. use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Dindie Service;
e. use any data mining, robots or similar data gathering or extraction methods on or in relation to the Dindie Service;
f. access the Dindie Service or any of the Applications or related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Dindie Service;
g. copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Applicationsor attempt to discover any source code or modify the Applications;
h. use Dindie as a trademark or trade name in connection with your use of the Dindie Service or mention Dindie in any of your Products, without our prior written consent.
Cancellations
14. All Dindie accounts will remain active until you cancelled. You can cancel your account at any time.
15. We may cancel your Dindie account at any time for any reason (acting reasonably of course), including if you:
a. breach any of these terms or any of our policies; or
b. act in a way that does not align with our values or that could cause us harm.
16. Once your Dindie account has been cancelled, you will no longer have access to your Purchased 3D Models. You should ensure that you’ve downloaded all Customised Products before cancellation.
Fees and Payment Terms
17. All payments are are made upfront and in advance.
18. Payments will be processed automatically via the payment method you have chosen. If we cannot process your payment for any reason caused by or attributable to you, and you do not rectify non-payment within any period notified by us, then we may suspend your access to our Service.
Refunds
19. We do not generally offer a refund on purchased products unless we have made changes to these terms that materially affect you to your detriment, or as required under Mexican consumer law or other relevant consumer protection laws. If you would like to request a refund, you should email us at hi@dindie.com. We will assess refund requests on their merits. There is generally no obligation to provide a refund in situations like the following:
a. you have changed your mind about your 3D Model Purchase;
b. you did not liked or were not satisfied with your 3D Model Purchased;
c. we have suspended your access to the Dindie Service where we have the right to do so.
20. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase.
Liability and indemnity
21. The Dindie Service is made available to you on an “AS IS” basis. Subject to clause 52, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, we do not represent or warrant that the Downloaded 3D Models that you use to make Printed Products comply with any rules and regulations promulgated by the manufacturer or owner of any device or product displayed in such 3D Models. You are solely responsible for the use of your Products and for ensuring that all Products comply with applicable laws and do not infringe the rights of third parties.
22. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the Dindie Service (including any claim against us relating to your Printed Products and 3D Models, whether or not the claim is based on the use of Printed Products, 3D Models provided by us).
23. Our liability to you in connection with the Dindie Service or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
a. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data (including Your 3D Models), or indirect, consequential or special loss, damage or expense; and
b. our total aggregate liability to you is otherwise limited to USD100.00.
Legal Housekeeping
24. Account information: You warrant that the information you give us is true, accurate and complete and that you will keep your login information up-to-date (including a working email address). Your login is not transferable. You are responsible for any use of the Dindie Service that occurs in conjunction with your login details. If you realise there’s any unauthorized use of your password or any breach of security, you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
25. Taxes: Any fees for the Dindie Service will be exclusive of transactional taxes where relevant (like sales tax, VAT and GST). You will be responsible for paying all fees and taxes associated with your use of the Dindie Service wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
26. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy. Our Privacy Policy explains how we deal with your information.
27. Security: We value your information and take reasonable precautions to protect it.
28. Statistical Information. You acknowledge and agree that the Dindie Service may monitor your use of the Dindie Service and use data related to your use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Dindie Service in line with our Privacy Policy. You agree that we may exploit such information and/or make such information publicly available, provided that such information does not incorporate any non-public personally-identifiable data. We retain all intellectual property rights in such information.
29. Third party suppliers and applications. We may engage other companies to provide services for the Dindie Service, including hosting and the collection and processing of payments. Please see our Privacy Policy for further information. We may provide access to or make available additional third party software or services. We do not make any representations or warranties, express or implied, regarding any third party software or service. They are provided only as a convenience to you and we do not endorse and is not affiliated with any third party software or service. You agree that any use of third party software or service is at your risk and subject to the terms applicable to that third party software or service.
30. Service interruptions. You acknowledge and agree that there may be interruptions in your use of the the Dindie Service, including planned downtime and unavailability caused by Internet service provider failures or delays, or any failures, delays or downtime caused by third party supplier and applications.
31. Responsibility for Your Content. We are not responsible if any of your Purchased 3D Products is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by us, including, but not limited to, the Internet, any third party applications used in connection with providing the Dindie Service, and your local network. You acknowledge and agree that you may permanently lose Purchased 3D Products.
32. Acceptance on behalf of someone else. If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party. Remember that only real persons can subscribe to the Dindie Service.
33. Consumer laws. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
34. Relationship between the parties. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.
35. Blocking a user, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author.
36. US-specific controls. The Dindie Service is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not use a Product to provide services to any person located in a U.S. sanctioned country or to anyone on the SDN list.
37. Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If you continue to use the Dindie Service after the changes are made, then you will be agreeing to the changes regardless of the amount of time that has elapsed.
38. Notices: Any notice you send us must be submitted via email at hi@dindie.com. Any notice we send to you will be emailed to the email address you provided to us.
39. Applicable Laws: We control and operate the Dindie Service from our offices in Jalisco, Mexico. The laws of Mexico, govern these user terms, and you submit to the jurisdiction of the courts there.
Digital Millennium Copyright Act
40. Copyright or trademark. There are two main ways to let us know if you think your content is being used without permission. For copyright owners – the DMCA takedown notice process is described below. For other IP rights owners, including trademark owners – you can contact us at hi@dindie.com.
41. DMCA takedown notice. If you’re a copyright owner you’ll need to send a signed, dated DMCA takedown notice to us. We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice and they might contact you directly using your contact details. The quickest way is to send it to our support team at hi@dindie.com. The notice must:
a. Tell us about the content that you claim infringes your copyright, including a description and where we can find it – include the URL;
b. Tell us about your copyrighted content and let us know where we can see this published – include the URL;
c. Give us a detailed explanation about how you believe the content violates your copyright;
d. Include your full name and contact details, including your address, phone number and email address;
e. Include the date and your signature; and
f. Include the following two statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
42. Address for notices. All notices should be emailed to hi@dindie.com.
Dindie Terms of User v1.1, effective date 08 Jun 2024