User Terms of Service
IMPORTANT - PLEASE READ THESE TERMS OF SERVICE ("Agreement" or "Terms of Service") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY LAYER BY LAYER, Inc. ("Layer By Layer”, "Company", “us”, “we”, and “our”). THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WEBSITE AT WWW.LAYERBYLAYER.COM (“Site”), AND ALL ASSOCIATED SERVICES ("Services") AND SOFTWARE (“Software”) PROVIDED BY LAYER BY LAYER. BY ACCESSING OR USING THE SITE AND SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMETED TO VISITING OR BROWSING THE SITE, YOU (“User” or “you”) ARE ACCEPTING THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SITE OR ANY SERVICES.1) Membership
1.1 Eligibility. You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use Layer By Layer Services only with involvement of a parent or guardian. Layer By Layer may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.
1.2 Responsibility. As a registered user of Layer By Layer Services, you may establish an account ("Account"). Upon the creation of an account, you represent and warrant that all required registration information you submit is truthful and accurate. It is your responsibility to maintain the accuracy of such information. You agree that Layer By Layer may store and use the information you provide for use in maintaining and billing fees to your Account. You may delete your Account at any time, for any reason, by following the instructions on the Site.
You are responsible for safeguarding the password and other Account information that you use to access Layer By Layer Services. You are responsible for any activity using your Account, whether or not you authorized that activity. You should immediately notify Layer By Layer of any unauthorized use of your Account. We will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
Your use of Layer By Layer Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
1.3 Software & Updates. Use of Layer By Layer Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required software is recommended to access the Layer By Layer Services and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.2) Payment, Taxes, Returns, and Refund Policy
2.1 Payment. You agree that you will pay for all purchases on the Site, and that Layer By Layer may charge your payment method for any purchases and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LAYER BY LAYER WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. We generally do not charge your credit card or PayPal account until after your order has become available to you for printing.For details of how purchases are billed please view our Billing Policy.
2.2 Taxes. Your total purchase price will include the price of the purchased product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time of your purchase. We will charge tax only in states where digital goods are taxable.
2.3 Software & Updates. All sales are final, unless otherwise stated in our Return Policy.
2.4 Refunds. Prices for products offered via Layer By Layer Services may change at any time, and Layer By Layer does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to printing, your sole remedy is a refund. If technical problems prevent or unreasonably delay printing of your product, your exclusive and sole remedy is either a repeated issuing of the product or refund of the price paid, as determined by Layer By Layer. For details on how Layer By Layer handles returns and refunds, please view our Returns & Refunds Policy.3) Privacy
4.1 Layer By Layer is a Marketplace. We provide Users with a Site to post, view, offer to license, and license Content for 3D printing. “Content” includes, without limitation, computer files, models, three-dimensional CAD data, other three-dimensional data, images, photographs, designs, text, graphics, blog posts or comments, and other materials you may contribute to, access with, view on, or license through the Layer By Layer Service.
4.2 Content Control. Layer By Layer does not control the Content provided by Users that is made available on the Layer By Layer Site. 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 dealing with international trade and foreign nationals. By using Layer By Layer Services, you agree to accept such risks and that Layer By Layer (and Layer By Layer's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of Users on the Layer By Layer Site. Please use caution, common sense, and practice safe buying and selling when using Layer By Layer Services.
Layer By Layer is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Layer By Layer 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 Layer By Layer 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.
By posting Content on the Layer By Layer Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold Layer By Layer harmless for any dispute concerning this use. If you choose to display your own Layer By Layer-hosted image on another website, the image must provide a link back to its listing page on the Layer By Layer Site.
4.3 Restriction. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Layer By Layer Site or Services; (c) you shall not access the Layer By Layer Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Layer By Layer Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Layer By Layer Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Layer By Layer Site or Service content must be retained on all copies thereof.5) Acceptable Use
5.1 Service License. Subject to these Terms of Service, Layer By Layer grants you a non-transferable, non-exclusive, license to use the Layer By Layer Site and Services for your personal use.
5.2 Use of Service and Content. You agree that the Layer By Layer Service, Site, Software, and certain Products include security technology that limits your contact with product designs, and that, whether or not Layer By Layer Products are limited by security technology, you shall use such Products in compliance with the applicable usage rules established by Layer By Layer and its licensors (“Usage Rules”), and that any other use of the Products may constitute a copyright infringement. Layer By Layer reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason — or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Layer By Layer for compliance purposes, and Layer By Layer reserves the right to enforce the Usage Rules without notice to you. You agree to only print purchased products through the provided Layer By Layer Software. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Layer By Layer Service or Products within. Violations of system or network security may result in civil or criminal liability.
5.3 Product License Agreement. Products made available through the Layer By Layer Services are licensed, not sold, to you. Your license to each product that you obtain through the Services is subject to your prior acceptance of this Agreement, and you agree that the terms of this Product License Agreement will apply to each product that you license through the Layer By Layer Service, unless that product is covered by a valid Product License Agreement between you and the provider of that product, in which case the terms of that separate Product License Agreement will govern. Your license to any Layer By Layer Product under this Product License Agreement is granted to you by Layer By Layer, and your license to any Third-Party Product under any separate product license agreement is granted to you by the Provider of that Third-Party Product. Any Layer By Layer Product that is subject to the license granted under this Product License Agreement is referred to herein as the “Licensed Product”. The Licensed Product provider or Layer By Layer as applicable (“Licensor”) reserves all rights in and to the Licensed Product not expressly granted to you under this Product License Agreement.
- Scope of License. This license granted to you for the Licensed Product by Licensor is limited to a nontransferable license to print the Licensed Product on any compatible printer, as applicable that you own or control and as permitted by the usage rules set forth in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Product. You may not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Product, any updates, or any part thereof (except as to the extent that may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Product). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your printer, system and Layer By Layer software. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Termination. The license is effective until the time of expiration, as determined by Licensor. Your rights under this license will terminate automatically without notice from the Licensor. Upon termination of the license, you will no longer be able to print the Licensed Product, regardless of the number of times it has already been printed.
- NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCT IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED PRODUCT INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT, OR CORRECTION, UNLESS A RETURN OF THE LICENSED PRODUCT HAS BEEN. 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 YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 YOUR USE OR INABILITY TO USE THE LICENSED PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR 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 YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Product. Your use of the Licensed Product may also be subject to other local, state, national, or international laws.
5.4 Software Agreement. Layer By Layer Software provides the means for you to print a Licensed Product on a compatible printer. You may use the Layer By Layer Software solely for purposes of enabling you to use and enjoy the Layer By Layer Services as permitted by the Terms of Service and any other Layer By Layer policy. You may not incorporate any portion of the Layer By Layer Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Layer By Layer Software or otherwise assign any rights to the Software in whole or in part. You may not use the Layer By Layer Software for any illegal purpose. We may cease providing any Layer By Layer Software and we may terminate your right to use Layer By Layer Software at any time. Your rights to use the Layer By Layer Software will automatically terminate without notice from us if you fail to comply with any of these Terms of Service, or any other Layer By Layer Policy. All software used in any Layer By Layer Service is the property of Layer By Layer or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Layer By Layer Software, whether in whole or in part, or create any derivative works from or of the Layer By Layer Software.
- Updates. In order to keep the Layer By Layer Software up-to-date, we may offer automatic or manual updates at any time and without notice.
5.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate any provision within these Terms of Service or any other Layer By Layer policy or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Layer By Layer Account, and/or reporting you to law enforcement authorities.6) Disclaimer of Warranties and Limitation of Liability
THE LAYER BY LAYER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAYER BY LAYER SERVICES ARE PROVIDED BY LAYER BY LAYER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LAYER BY LAYER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LAYER BY LAYER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAYER BY LAYER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LAYER BY LAYER SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAYER BY LAYER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAYER BY LAYER DOES NOT WARRANT THAT THE LAYER BY LAYER SERVICES, SOFTWARE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAYER BY LAYER SERVICES, LAYER BY LAYER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LAYER BY LAYER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAYER BY LAYER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LAYER BY LAYER SERVICE, SOFTWARE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LAYER BY LAYER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.7) Indemnity
YOU AGREE TO INDEMNIFY AND HOLD LAYER BY LAYER AND (AS APPLICABLE) LAYER BY LAYER'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.8) Intellectual Property Policy
Layer By Layer respects the intellectual property of others. If you believe that your work has been copied or reproduced in a way that infringes upon your intellectual property, please see our Intellectual Property Policy.9) 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.10) General
10.1 Company Service. Layer By Layer reserves the right to modify or terminate Layer By Layer Services for any reason, without notice, at any time. Layer By Layer reserves the right to make changes to the Website, the Services and these Terms of Service at any time. Such amended Terms of Service shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. Reasonable efforts will be made to post notices regarding any changes to these Terms of Service. Please check the Terms of Service and other Layer By Layer policies published on this Site regularly to ensure that you are aware of all terms governing the Layer By Layer Services and Site.
10.2 Disputes. Each Layer By Layer Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions and transactions with other Layer By Layer Site or Service Users are solely between you and such User.
Should you have a dispute with one or more Users, or an outside party, you release Layer By Layer and Layer By Layer'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 such disputes. Layer By Layer encourages Users to report User-to-User disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
For the benefit of Users, Layer By Layer may try to help Users resolve disputes. Layer By Layer does so in Layer By Layer's sole discretion, and has no obligation to resolve disputes between Users or between Users and outside parties. To the extent that Layer By Layer attempts to resolve a dispute, Layer By Layer will do so in good faith based solely on Layer By Layer’s policies. Layer By Layer will not make judgments regarding legal issues or claims.
10.3 Governing Law. These Terms of Service shall be governed by the laws of the State of California, USA, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than California, USA. Any and all disputes arising from these Terms of Service, including disputed relating to the validity thereof, and any disputes related to the use of the Layer By Layer Services or Site or relating to the products ordered and delivered, shall be brought in the federal and state courts located Santa Clara County, California, USA. The United Nations Convention on the International Sale of Goods shall not apply to the Layer By Layer Services or Site or relating to the products ordered and delivered.
10.4 Intellectual Property. You agree that Layer By Layer Services, including but not limited to graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Layer By Layer and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Layer By Layer and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SERVICES AND/OR SOFTWARE, EXCEPT FOR USE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Layer By Layer, the Layer By Layer logo, L2L Software application, Layer By Layer online Marketplace, and other Layer By Layer trademarks, service marks, graphics, and logos used in connection with the Layer By Layer Services, Site, and Software are trademarks or registered trademarks of Layer By Layer, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
10.5 Contact Information. Layer By Layer is located at:
Layer By Layer, Inc.
1157 Tilton Drive
Sunnyvale, CA 94087 USA
This policy explains our privacy practices for LayerByLayer.com and services provided by Layer By Layer, Inc. (“Layer By Layer”, “us”, “we”, and “our”).1) Collection and Use of Personal Information
In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”).
1.1 Provided by You. When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home or business postal addresses. We retain information on your behalf, such as designs and other files and messages that you store using your Account. If you provide us with feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you participate in one of our surveys, we may collect additional profile information. When you post reviews or other content on our Site, the information contained in your posting will be stored on our servers and other users will be able to see it. We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, printer type, and other requested information if you contact us via e-mail regarding support for the Services. We may also collect Personal Data, such as at other points in our Site that state that Personal Data is being collected.
1.3 Collected with Technology. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services.
1.4 How we use your information. Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services, improve Site navigation, and provide. Layer By Layer reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.2) Information Sharing and Disclosure
2.1 Information Disclosed to Third Party Service Providers. We do not sell your personal information to third parties. We may, however, share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Layer By Layer. These third party service providers are required not to use your Personal Data other than to provide the services requested by Layer By Layer.
Layer By Layer will retain your information for as long as your account is active or as needed to provide you services. If you no longer want Layer By Layer to use your information to provide you services, you may close your account on the account settings page. Layer By Layer will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.4) Children
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.5) Protection of Personal Information/Security
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee its absolute security.6) Contact Information
Layer By Layer reserves the right to modify this privacy statement at any time, so please review it periodically. We’ll communicate changes by posting a notice on the site. If we make material changes to this policy you will be notified here, by email, or other places Layer By Layer deems appropriate.
Layer By Layer, Inc. ("Layer By Layer", "we", "us", "our") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. Layer By Layer will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Layer By Layer’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. Layer By Layer may act expeditiously to respond to a proper notice by (1) removing or disabling access to content claimed to be subject of infringing activity; and (2) removing and discontinuing Service to repeat offenders. If Layer By Layer removes or disables access in response to such a notice, Layer By Layer will make a good-faith attempt to contact the allegedly infringing party ("User") so that they may make a counter notification.
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the content infringes on the intellectual property, please contact an attorney before contacting Layer By Layer.1) Reporting Copyright or Intellectual Property Infringements
If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing upon your intellectual property right(s) in a work or otherwise violating your rights by submitting unauthorized content, and wish to have the allegedly infringing or unauthorized content removed, the following information in the form of a written notification (pursuant to 17 U.S.C. ¤ 512(c)) must be provided to our Designated Agent:
- your physical or electronic signature;
- identification of the work(s) or rights that you claim to have been infringed;
- identification of the content on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such aterial;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable content is not authorized by the copyright or other rights owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Layer By Layer may remove or disable access to the content infringing upon the intellectual property. If Layer By Layer removes or disables access to content in response to an infringement notice, Layer By Layer will make reasonable attempts to notify the User that Layer By Layer has removed or disabled access to the content. Repeat offenders will have all content removed from the system and Layer By Layer will terminate such User's access to the Service.3) Procedure to Supply a Copyright Counter-Notice to the Designated Agent
If a User believes that their content that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the content yourself. The counter-notice must contain the following information to the Designated Agent listed below.
- Your physical or electronic signature;Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that the you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
- Your name, address, telephone number, and e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the User’s address is located, or if your address is located outside the United States, for any judicial district in which Layer By Layer is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please contact Layer By Layer’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:
Layer By Layer, Inc.
Attn: Legal Department
1157 Tilton Drive
Sunnyvale, CA 94087 USA
Refunds and Returns Policy1) Returns for Purchased, Unprinted Items:
Layer By Layer accepts returns on products that have meet both of the criteria below:
- The buyer has yet to initiate the printing process for the product.
- They have been purchased within the last fourteen (14) days.
From the time you have initiated the printing of a purchased product, Layer By Layer considers the sale of that product as final and will no longer accept any returns or issue refunds for the purchase unless otherwise stated in this policy.2) Refunds on Purchases That Have Failed to Print:
If any product you have purchased in the Layer By Layer marketplace will not print as the seller intended due to problems with Layer By Layer’s delivery system, you may request a refund for the full purchase price of that product.
Layer By Layer may choose not to honor the request if:
- The request is made more than 14 days after the initial purchase of the print.
- The failure is attributable to any fault with the customer’s 3D printer, computer, internet connection, or any other system not operated or owned by Layer By Layer.
If Layer By Layer ultimately determines that its system, not the buyer’s, has somehow prevented the buyer from successfully printing the purchased product, then Layer By Layer will issue either a full refund or additional opportunities to print the product.3) Returns for Printed Items:
Layer By Layer does not accept returns for unwanted items that successfully completed the printing process. If you feel that a seller has placed a defective item for sale on the Layer By Layer marketplace, please see our product review page (link) where you may enter details regarding your purchase and optionally “report” a product through our contact page if you feel that is has not functioned as advertised. Layer By Layer takes the integrity of all products in the Marketplace very seriously and we will do our best to review every reported product.4) Reprint Policy:
Layer By Layer may allow the customer additional opportunities, greater than those indicated at sale, to print their purchased product if the customer experiences any of the following problems during the print:
- Internet outage
- Power outage
- Computer goes to sleep
- L2L application failure
- Layer By Layer Server Failure
- Printer problems
- Other accidental causes
If a print is canceled before it is 80% complete, you have the opportunity to re-print directly through the L2L application. If a problem occurs and your print has progressed beyond 80%, please fill out a support request with the product name and an explanation of the problem, and we will issue you an additional print, free of charge.
When you make a purchase in the Layer By Layer Marketplace, your credit card or PayPal account will be billed at the time of or shortly after your transaction. If you use a credit card or PayPal account for a transaction, Layer By Layer may obtain preapproval for an amount up to the amount of the order.
All charges will be billed to the credit card or PayPal account you designate during the checkout process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online during checkout. You authorize Layer By Layer to keep your payment card information securely on file with PayPal, our merchant services provider, and charge the card on file as defined in this billing policy.Payment Card Account Authorization
Any time you update your billing information, Layer By Layer will place an authorization hold on your payment card account, usually in the amount of 1 USD, to verify your account information. You might see such authorization requests on your online statement. These requests are not actual charges; they are tests to confirm that your payment card account is active and has available funds to accommodate transactions.