Welcome and thank you for your interest in Carbon, Inc. (“Carbon”). Carbon may provide various content, products and services (including third party content, products and services) through its websites located at http://carbon3d.com (the “Site”) (the Site, together with its content, products and services provided by Carbon, are collectively referred to as the “Service”).
2. Accessing the Service. You must be an individual at least 13 years old to use the Service and must not have previously been removed or suspended from the Service for any reason. By using the Service, you represent that (i) you are at least 13 years old, or and in any case that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and (ii) have not previously been removed or suspended from the Service. Further, by using or registering for the Service, you agree to abide by and comply with these Terms, and you acknowledge that you are accepting the benefit of the Service, subject to these Terms. Carbon grants you permission to access and use the Service during the Term as set forth in these Terms and consistent with the intended features of the Service, provided that: (i) you use the Service solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service; and (iii) you do not engage in any of the prohibited uses described below.
3. Purchase Transactions; Errors. All descriptions, images, references, features, content, specifications, Products, and prices of Products and services described or depicted on the Service are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products on the website or Service does not imply or warrant that these Products will be available, or available in your region, or that they will perform as described. As with any manufacturing process, results may vary. When ordering a Product, you will provide the information that we request so that we can complete and ship the order, including your accurate name, address, email address and billing information. Carbon reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Product or Service; (b) bar any user from making or completing any or all transaction(s); and (c) refuse to provide any user with any Product or Service. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions. In the event that a Product listed on the Service is mistakenly listed at an incorrect price, Carbon reserves the right to refuse or cancel any orders placed for the Product listed at the incorrect price. Carbon reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Carbon shall issue a credit to your credit card account in the amount of the incorrect price. All fees are non-refundable. Any offer for any Product made is void where prohibited. Except for any Service, if any, provided for Products referenced in the Product Agreement by and between you and Carbon, Carbon offers no warranties of any kind, whether express, implied or statutory.
4. Account Information & Responsibilities. Some portions of the Service may require or permit you to register and you may be asked to select a password to do such things as to open an account, order and access a Product, or submit a customer review. You hereby represent and warrant that the information you provide to Carbon upon registration (including information provided through third party Linked Accounts, as defined below, where applicable), and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You agree to notify us immediately of any unauthorized use of your password or an account or any other breach of security. Notwithstanding the above, we may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Carbon under this provision, (ii) any compromise of the confidentiality of your account(s) or password(s), and (iii) any unauthorized access to your account(s) or use of your password(s). You may not use anyone else’s account at any time.
5. Access, Preservation and Disclosure of Information. You acknowledge, consent and agree that Carbon may access, preserve and disclose your account information and User Content (as defined below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, business interests, property or personal safety of Carbon, its users and the public.
6. Ownership; Proprietary Rights. The Service is owned and operated by Carbon. The visual interfaces, graphics, design, compilation, information, computer code, Products, software (including any downloadable software), services, and all other elements of the Service provided by Carbon (“Site Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Site Content is the copyrighted property of Carbon or its subsidiaries or affiliated companies and/or third parties, except for User Content, to which you retain your copyrights. You agree and understand that Site Content may include Third Party Content, as set forth in further detail below. All trademarks, service marks, and trade names are proprietary to Carbon or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Carbon or any third party. No rights or licenses are granted or conveyed with respect to any Products or under any patents or patent applications of Carbon, whether expressly, by implication or otherwise; all of which are specifically excluded and disclaimed.
7. Linked Accounts and Social Networking Sites. Carbon may, now or in the future, allow you to link your account(s) on the Service to your accounts on third party services, such as social networking sites or sites of third party vendors who provide products or services relating to the Products or Service (“Linked Accounts”). If you link your account on the Service to a Linked Account, you are authorizing Carbon, or the relevant third party, to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. Linking, accessing or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
8. Third Party Content. Carbon may contain or display through the Service various information, and other materials or content from third parties, including User Content (“Third Party Materials”). The display on or through the website and Service of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, approval, recommendation or affiliation of Carbon. Furthermore, in using and accessing the Service, you agree that Carbon is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Your interaction with any third party accessed through the Service (whether online or offline) is at your own risk, and Carbon will have no liability relating thereto.
9. User Content. You agree that Carbon is free to use any communication, comments, information, ideas, concepts, reviews, techniques, content or any other material you may send to us or provide through the Service, including, without limitation, surveys, responses to questionnaires or through postings and/or submissions to the website or Service (“User Content”) without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing Products and creating, modifying or improving the Service and our Products. Furthermore, by submitting any comment or other material to the website or Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing any such material or information, you represent and warrant that public posting and use of such material or information by Carbon will not infringe on or violate the rights of any third party or require obtaining a license or consent from or paying royalties to any third party for the exercise of any rights granted in these Terms.
10. Digital Millennium Copyright Act Compliance. Carbon respects the rights of copyright owners and expects its users to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. You agree not to provide any infringing content to the Service or in any User Content and must own or have all required rights, licenses, consents, and permissions to use any copyrighted work on the Service or in any User Content and grant the rights granted herein. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Carbon’s designated agent for notice of copyright infringement can be reached at: Attention: Copyright Agent, Carbon, Inc., 1089 Mills Way, Redwood City, CA 94063, or by electronic mail at firstname.lastname@example.org.
11. Prohibited Uses Of the Service. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:
A. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation Site Content, Third Party Content, and User Content), for any purpose other than for your personal, noncommercial purposes;
B. Access or use the Service for any commercial or business purpose, including without limitation for comparative or competitive research or benchmarking purposes;
C. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, or features that enforce limitations on the use of the Service or any content therein;
D. Use any manual or automated means to extract and/or compile content from the Service for any commercial purpose or otherwise, including use of any robot, data extraction, scraping, mining, or other data gathering tools to download or otherwise scrape, collect, store, or use any content from the Service;
E. Frame or mirror any part of the Service without Carbon’s express prior written consent;
F. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
G. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
H. Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message;
I. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
J. Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
K. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Service, Site Content, Third Party Content, or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
L. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
M. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation (commercial or otherwise); or
N. Use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
A. By Carbon. Carbon, in its sole discretion and for any reason or no reason, may terminate your use of the Service and any account on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that Carbon shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, Carbon may terminate your use of the Service and any account on the Service in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Carbon may have at law or in equity.
B. By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at email@example.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, or (iii) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing all of your accounts, discontinuing your use of any and all parts of the Service, and providing Carbon with notice of termination at firstname.lastname@example.org.
14. Indemnity. You agree to indemnify and hold harmless Carbon and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other Carbon users who use any User Content you upload to the Service or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including your use or misuse of Third Party Materials); (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights. Carbon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from Carbon.
15. Disclaimers. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY CARBON), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CARBON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY CARBON.
16. Limitation of Liability. IN NO EVENT WILL CARBON, ITS OFFICERS OR DIRECTORS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE, SITE CONTENT, THIRD PARTY MATERIALS OR THE SITE; (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT; OR (III) PLANS MADE OR INFORMATION ACQUIRED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, (I) ANY FEES OR COSTS ASSOCIATED WITH CANCELLED, INTERRUPTED OR DELAYED PLANS; (II) ANY FEES OR COSTS RESULTING FROM MISINFORMATION OR FAILURES IN COMMUNICATION; (III) AND ANY ACCIDENTS OR UNEXPECTED EVENTS OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF CARBON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CARBON, ITS OFFICERS OR DIRECTORS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED DOLLARS ($500) OR, WITH RESPECT TO PURCHASES FROM THE ONLINE STORE, THE AMOUNT OF YOUR DIRECT PURCHASES OF PRODUCTS FROM THE ONLINE STORE DURING THE TWELVE MONTHS PRECEDING THE ACTS OR CIRCUMSTANCES FROM WHICH THE LIABILITY AROSE. APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Choice of Law. These Terms are governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. All disputes arising out of this Agreement shall be subject to exclusive jurisdiction, forum and venue of the state and federal courts in Santa Clara County, California, and the parties agree and submit to the personal and exclusive jurisdiction of these courts. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the website or Service must be commenced within one (1) year after the claim or cause of action arises. You understand that the Service is directed only to residents of the United States. Notwithstanding the foregoing, Carbon shall have the right to pursue any claim, action or proceeding against you for any infringement or misappropriate of any patents or other intellectual property rights of Carbon in any jurisdiction, forum or venue without restriction or limitation by this Agreement.
19. Notices. Carbon may provide you with notices by electronic mail, regular mail or postings on the Service. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Carbon is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an email to email@example.com. You may also contact us by writing to Carbon, Inc., 1089 Mills Way, Redwood City, CA 94063. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Miscellaneous. This is the entire agreement between you and Carbon relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Carbon with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Carbon to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carbon as a result of these Terms or use of the Service. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Carbon without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The services hereunder are offered by:
1089 Mills Way
Redwood City, CA 94063