Terms and Conditions

Thank you for visiting YouMagine (youmagine.com and associated apps and tools). The website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms & Conditions"). Please read this document carefully before accessing or using youmagine.com. By accessing or using this website, you are agreeing to be bound by the Terms & Conditions. If you do not wish to be bound by the Terms & Conditions, you may not access or use the website. By agreeing to the Terms & Conditions, you also agree to our Privacy Policy.

Modification of these Terms & Conditions

YouMagine reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the youmagine.com website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement, and the modified agreement shall apply to existing content uploaded to the website at the time of the modification.

Electronic Communications

When you visit youmagine.com or send email to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Uploading Content

Youmagine.com registered users may upload and post content to the website. This content may be in the form of uploading 3D printable files and posting other content (such as profile information, videos and comments). You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licences and permissions to submit such content and can lawfully grant Youmagine.com the rights required in such content (see Copyright and Licenses section). You further represent and warrant that you shall not uploaded content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. Youmagine.com reserves the right to refuse or cancel user registrations or otherwise restrict access to the website in its absolute discretion.

Copyright and Licenses

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Youmagine.com or the original content uploader or uploaders, its content suppliers or its clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Youmagine.com or the original content uploader or uploaders. We are the owner or the licensee of all intellectual property rights relating to our Services – which for the avoidance of doubt – does not include your Contribution.

You may print or download portions of the materials from various areas of this website (including through the use of our API) solely for your own non-commercial use - unless there is a prior arrangement or agreement with YouMagine or the owner of the design regarding the commercial use of said items - provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please contact us immediately at hello@youmagine.com to notify us of this infringement.

Youmagine.com grants you limited, non-transferable, license to access and make use of this website including the download of 3D print files. This website or any portion of this website may not be reproduced, redistributed, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of youmagine.com or its relevant licensors. You may not access any content on the website (including, without limitation, 3D print files) for any other reason except your non-commercial, personal use solely as intended through the web interface.

You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of youmagine.com without our express written consent. You may not use META tags or any other "hidden text" which utilize any derivative of our domain or business name without the express written consent of youmagine.com.

You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of youmagine so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that youmagine.com cannot and does not guarantee or warrant that files made available for downloading through the youmagine.com website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through youmagine.com are free from such contaminations.

Unless covered by another section in these Terms & Conditions, when uploading content, you retain your existing rights in the content, but you grant to Youmagine.com a worldwide, non-exclusive, royalty-free, assignable, transferable licence (and right to sub-licence) to the uploaded content to be displayed on the website and where applicable available for download by other users.

Under certain circumstances on Youmagine.com, you may upload 3D printable files in relation to a content or competition. Such contests/competitions may have additional terms and conditions brought to your attention at the time of entry.

Procedure for Reporting Copyright or Intellectual Property Infringements

If you believe that material residing on or accessible through the YouMagine web site infringes a copyright or other intellectual property right, to provide YouMagine of notice of such infringement, you may send a notice of infringement by email to hello@youmagine.com. Please specify the type of infringement at issue and the notice must include the following information:

- A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name); - Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number); - Identification of the material on YouMagine that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Youmagine is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing); - Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Youmagine on the owner's behalf, the address, telephone number and email address; - A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and - A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the site, Youmagine will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.

Disclaimer of Warranty / Limitation of Liability

This website and any related information is provided by YouMagine.com on an ‘as is’ basis. YouMagine.com makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials or products included on this website. In particular YouMagine.com does not represent or warrant to you that the website and any related information: (a) shall meet your requirements or are fit for any particular purpose; (b) shall be accurate, reliable or free from any defects; (c) that any defects in any information or materials will be corrected

YouMagine.com hereby expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the website, or in connection with the use, inability to use, or results from the use of the website, any websites linked to it and any materials posted on it, including: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; and whether caused by tort (including negligence), breach of contract or otherwise, and whether or not YouMagine.com has been advised of or should have been aware of the potential for such losses arising.

YouMagine.com is not responsible or liable for any of the creators projects on the website. In particular, we are not responsible or liable for the projects to be commenced, performed, or finalized and also how the proceeds and earnings from all projects are utilised by the creator. The only entity fully responsible for the particular project is the creator of that project. The creator is exclusively liable for any defects or failure to deliver the rewards.

This does not affect YouMagine.com’s liability which cannot be excluded or limited under applicable law.

Third Party Links

Linked websites are not under the control of YouMagine.com and YouMagine.com is not responsible for the contents of any linked site or any link contained in a linked site. YouMagine provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by YouMagine of the site.

Applicable Law

By visiting the YouMagine.com website, you agree that the laws of England will govern these Terms & Conditions and any dispute of any sort that might arise between you and Youmagine.

Disputes

Any dispute relating in any way to your visit or access of the Youmagine website or to the products or services you purchase through the Youmagine website shall be submitted to binding arbitration within England.

Indemnification

You agree to indemnify, defend and hold harmless Youmagine, its officers, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Youmagine website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

Other Provisions

YouMagine failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions. Youmagine may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request

Please send notices by care of email to hello@youmagine.com.

Company Registration

YouMagine.com is owned by Additive Content BV, a private company with limited liability registered in The Netherlands under company number 69734453 and have our registered office in Geldermalsen, The Netherlands. Additive Content BV is 100% owned by My Mini Factory Ltd, Registered Office: 2 Berners Road, Islington, London, N1 0PW, United Kingdom, Company Registration Number: 09562672.

Ownership

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of youmagine. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

Refund Policy

1. Refund of a Digital Product Purchase YouMagine primarily sells non-tangible irrevocable goods. Under most circumstances, we do not issue refunds after a product is distributed, and you are responsible for understanding this upon purchase.

Please note, if you want to request a refund for your purchase of a digital product, the request has to be made within 14 days after the purchase. And we usually only process a refund for the following reasons: 1. You were charged more than the price listed on the checkout page. 2. You received misleading information.

If you are having trouble with your digital product itself, customers will need to contact the creator of the digital product to request a refund. Please note, Youmagine only provides the platform upon which payments between customers and creators are made.

You can reach out to a Creator by accessing their profile page and please click the “Private Message” button.

If Creators refuse to accept the refund request or you can’t obtain support from the Creators within 14 days after you contact them, please contact us at hello@youmagine.com.

Please note, once the refund is issued, you may lose access to purchases, certain downloads, your content, or future updates.

2. Subscription Service

The Store Manager subscription service is operated by YouMagine, therefore all subscribers to Store Manager must comply with our Terms and Conditions as stated within this page.

Pricing and Refund: The Store Manager subscription price will be made clear to you on our subscription pages or otherwise during the subscription process. You agree to pay the price at the rate notified to you at the time you take out your subscription. Please note, the subscription fees are non-refundable.

Cancellation: Store Managers need to cancel their subscription prior to the end of the month cycle, if you want to avoid the next month's charge. You can review your subscription and cancel it in your profile > settings > subscriptions. If you do not cancel your subscription by the end of the month cycle, you will be required to make your next bill payment and your subscription will continue until the end of the next billing period.

If you have any questions or concerns. Please contact us at hello@youmagine.com

ADDITIONAL TERMS & CONDITIONS APPLYING TO DIGITAL FILES OF OBJECTS SOLD

By making a purchase on Youmagine.com, you are implying that you accept these Terms and Conditions. The Terms and Conditions may be amended and updated occasionally so please spend a few minutes checking that you are happy with the details below.

Placing an Order

You will be asked to register an account or sign into an existing account when you confirm an online order with us. This allows us to track your orders once they have been placed.

You can modify your order at any point during the Checkout process until you confirm your payment details. You can review the contents of your Basket, add or remove items or correct any errors in your personal details. Your Basket will show you the total cost of your order, which will include the cost of the items and other charges (if applicable). You will be given the opportunity to review and accept a summary of your order details before proceeding to payment and confirming your order.

Once we have received your order and confirmed your payment details, we will provide you with an Order Reference Number. This Order Reference Number will also be contained within an e-mail entitled “Order Confirmation” that will automatically be sent to your registered e-mail address when your order have been successfully completed. This e-mail confirms that we have received your order.

All of our correspondence with you will be sent to the e-mail address provided by you when you register an account with us. Please check that we have the correct contact details during the Checkout process.

If, for any reason, YouMagine has to cancel (fully or partially) your order, we will fully refund you the monies that you have paid us for that order or cancelled item.

In the event of a pricing error, we reserve the right to correct the error and charge the correct price. Under these circumstances, we will contact you and notify you of the mistake and offer you the opportunity for a full refund.

Prices and Payment

The prices advertised on this site are in GBP, Euro or US Dollars as indicated. The cost of your order will be the sum of the individual products or bundles, other charges and any additional services that you may have ordered. The total cost will be clearly displayed in your Basket when you check-out and before you confirm your order. Once you have confirmed your order, you will be asked to submit your payment details. Payment will be deducted from your account once you have confirmed your payment details. Payments must be made in the currency shown on your order.

Payment can be made securely by most major credit and debit cards, or via Paypal (fees may apply). We do not store any card details once payment has been made (although payment processors themselves might store your payment details if you decide to do so when checking out).

In order to protect you and us against fraudulent activities, we may use information that you have submitted to confirm your identity. For example, we may check your name, address or other personal information provided by you during the Checkout process against suitable third party databases. We may also securely forward your information to our accredited identity verification partner who may keep a record of your details. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

Delivery of Digital Files

Once we have received confirmation of your payment, we will process your order. The items bought will be permanently available as downloadable files directly from YouMagine.com when logged in with the account used during your confirmed purchase.

Modification

YouMagine and the file owner reserves the right, at any time, to modify, suspend, or discontinue the files or any part thereof with or without notice. You agree that Youmagine and the file owner will not be liable to you or to any third party for any modification, suspension, or discontinuance of the files.

Problem with your orders

If you have a problem with your order, please notify us via the contact methods described below. We will get back to you as soon as possible.

Creators (Store Managers)

These are the terms and conditions you agree to when you subscribe as a Store Manager (hereinafter "Creator") on YouMagine.com (hereinafter "YouMagine").

The Creator, as agreed during registration, mandates YouMagine to manage all aspects of the delivery of content to customers (also referred to as Makers on YouMagine). Customers purchase the rights to use this content as offered across the YouMagine Ecosystem in accordance with the licence terms chosen by the Creator on upload of said digital content.

The conditions under which the Creator mandates YouMagine, which accepts this mandate, to manage, on behalf and for the account of the Creator, all aspects of the business relationship with potential customers, are: - linking with potential customers who wish to purchase the right to use a Creator’s content - withholding by YouMagine of an agreed portion of the final price paid by Makers to purchase the right to use a Creator’s content

YouMagine registered users and Creators may upload and post content to the website. This content may be in the form of uploading 3D printable files (or equivalent digital creations such as PDFs) and posting other related content (such as profile information and comments).

As a Creator, you represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licences and permissions to submit such content and can lawfully grant YouMagine the rights required in such content. You further represent and warrant that you shall not upload content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. YouMagine reserves the right to refuse or cancel user or Creator registrations or otherwise restrict access to the website at its absolute discretion.

YouMagine reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the youmagine.com website. Your continued access to this website shall be deemed your conclusive acceptance of the modified agreement, and the modified agreement shall apply to existing content uploaded to the website at the time of the modification.

1. Creator Subscription Plan A Creator pays a per month subscription fee for access to YouMagine’s site-wide creator services and products.

2. Fees & Payments: 2.1 YouMagine charges an 10% commission platform fee on all revenue generated plus payment processing fees as per below: a) Standard rate: 2.9% + $0.30 per successful payment over $3 b) Micropayment rate: 5% + $0.10 per successful payment $3 or less (please note for all payments from customers located outside the USA there is an additional 1% surcharge) (Payment processing fees are calculated on the overall successful payment amount transacted with YouMagine. If the overall successful payment amount is in excess of $3 creators are charged the Standard rate (non-micropayment) payment processing fees on their object(s) sold irrespective if their proportion(object(s) within the total transaction payment amount) of the overall successful payment is more or less than $3) 2.2 Creator Payout fees charged by YouMagine= 0% (zero) 2.3 Creator Payout frequency is twice a month, on the 14th and 28th of the month. Please note in the lower half of your Statistics Page is a payment request button to be actioned maximum once per fortnight by the 12th and 26th of each month by midnight Pacific Standard US time (PST), to receive your payout by 14th and 28th of that month respectively. 2.4 All fees and payments are clearly displayed in a dedicated creators Statistics page within your Profile. 2.6. Please note the figures used in our statistics are rounded to 2 decimal places, and are rounded up (from 3 decimal places to 2 decimal places) where applicable.

3. VAT/Sales Tax: 3.1 YouMagine manages all VAT/Sales Tax on behalf of the Creator. We collect and remit the applicable VAT/Sales Tax on your behalf to the relevant tax authorities. We are doing this to make matters as easy as possible for the Creators on YouMagine. 3.2 Your object for sale advertises the price without VAT/Sales Tax and then if a customer is from an applicable country or region at the checkout stage the relevant VAT/Sales Tax due is added to the object price. For example, a Creator inputs the object price without VAT/Sales Tax at $10. A customer is from the UK and a 20% VAT rate is applicable. The price the customer sees and pays at the checkout stage would therefore be $12. 3.3 The YouMagine 10% commission platform fee is applicable on the object price without VAT/Sales Tax included. 3.4 Payment processing fees are applicable on the gross object price paid with VAT/Sales Tax included. 3.5 If you are resident in the EU and registered for VAT, we ask that you please provide us with your valid VAT number or contact your Creator Relations consultant for further information.

Contacting Us

You can contact us in the following ways:

E-mail: Please send an e-mail to hello@youmagine.com

General

These Terms and Conditions, all transactions relating to this website and all non-contractual obligations arising from any transaction carried out on this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.