Merchants Terms Of Use

Terms and conditions of use for Lovecraft products, digital files and sale of 3D Printed designs.

Preamble

‘Terms of Use'(TOU)

This agreement is only applicable if you have a bought and paid for a LOVECRAFT Commercial License to 3D Print a specific LOVECRAFT design/model or group of models. To obtain a Commercial License, contact LOVECRAFT.

Under no circumstances may you sell or transfer a design or digital media property belonging to LOVECRAFT. This agreement is only for 3D Printed models that you may produce and sell commercially.

If you do not own a LOVECRAFT Commercial License to 3D Print a specific LOVECRAFT design or model you may ignore this agreement and default to the ‘Terms and conditions of use for Lovecraft products, digital files for personal hobby use only‘ agreement which is for non-commercial use(For hobby personal use).

Commercial Agreement between You(The Merchant ‘Licensee’) and LOVECRAFT(‘Licensor’ and exclusive owner of the intellectual property, referred to as the Design, Product or Digital Files and Media) for use of LOVECRAFT Commercial Licenses.

Lovecraft refers to the company or group that has created the property(Product(s), STLs) being distributed here(Site/Website) in the form of Digital Media products and Services.

Digital Media Files or STL, STL Files, refers to the product and includes, but is not limited to all photos, renders, information, designs, sketches, STL or other digital format and but not limited to 3D-models.

IMPORTANT – PLEASE READ THESE TERMS OF USE CAREFULLY. THE SITE IS A COPYRIGHTED WORK BELONGING TO LOVECRAFT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LOVECRAFT FOR THE USE OF THE SITE, SERVICES AND DIGITAL MEDIA FILES. BY ACCESSING OR USING THE SITE YOU ARE ACCEPTING THESE TERMS OF USE (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 USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

1.- Commercial License and Production. Subject to these Terms of Use, LOVECRAFT grants you a non-transferable, non-exclusive, license to produce and sell the physical 3D Printed products specified by your particular Commercial License. Licensee is prohibited from mass producing physical models, including, but not limited to, mold making, casting, drop casting, rotocasting and injection molding of the Designs. Licensee may use any form of 3D printing to produce the Designs.

2.- Credit and Display. Licensee agrees to prominently display the provided Lovecraft Logo with a hyperlink to the Licensors website(www.i-lovecraft.com) within the image of the product or near to, on the page where it can be seen without the need of scrolling.You may not take credit for the designs and intellectual property here Licensed to you, belonging to LOVECRAFT. Any publicity or announcement involving LOVECRAFT designs should clearly state the owner of the intellectual property(LOVECRAFT) apart from any other credits to the producing or advertising company, or merchant(Licensee).

3.- Platforms. The Licensee may not use a crowdfunding site such as but not limited to, www.kickstarter.com or www.indigogo.com, to sell, give away, pledge or form any part of, in presence or association with LOVECRAFT, or any LOVECRAFT Designs.

4.- Promotions and Public Presence. Neither your Work nor any advertising, promotions, press releases, or other documents affiliated with the Designs may contain racist, homophobic, discriminatory, or other repugnant views; overt political agendas or views; depictions or descriptions of criminal violence or acts of criminal perversion; or other obscene material.

5.- Certain Restrictions. The rights granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or STL Files; (c) you shall not access the Site or Services or STL files in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, unless specified by LOVECRAFT.

6.- Modification. LOVECRAFT reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that LOVECRAFT will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of the TOU. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. LOVECRAFT reserves the right to change these terms and conditions at any time. The latest version of this TOU can be found on the LOVECRAFT Site,(typically on the footer section) which if different, supersedes this TOU.

7.- Maintenance. You acknowledge and agree that LOVECRAFT will have no obligation to provide you with any support or maintenance in connection with the Site or Services. The file format of choice will be .STL and the models shall be made available to the user for download. The user is responsible for downloading their product and must have a valid internet connection and email with which to collect their digital media, via internet download. We will keep the files on our system for as long as it is possible, but we request that users download the files within the first three months after the first date of issue.

8.- Ownership. You acknowledge that all the intellectual property rights, not limited but including copyrights, patents, trade marks, and trade secrets, STL Files, designs, concepts in the Site are owned by LOVECRAFT. The provision of the Site and STL files do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. LOVECRAFT reserves all rights not granted in the TOU.

9.- Communication and privacy. We may collect and process data about you, including data provided by you by filling in forms on our Site, and details as a result of your visits to our Site. All information collected will remain confidential and be used for LOVECRAFT company use only.We will use your data to a) process any purchases made by you; b) To ensure that content from our site is presented in the most effective manner for you and for your computer; c) To provide you with information, products or services that you request from us or which we feel may interest you; d) To allow you to participate in interactive features of our service, when you choose to do so; and f) Security and protection of our products and company, not excluding our website and other web related applications and data files. For security purposes all digital media files may carry an embedded unique identification number that can be traced directly to your account. You agree that by setting up an account to buy from LOVECRAFT you give LOVECRAFT permission to send emails informing you directly of purchases, account changes or related information. You can unsubscribe from marketing or general company/product information emails at any time by contacting support with an appropriate request through the Lovecraft Site or following the unsubscribe link included with each email.

10.- Failing to comply to this agreement will mean you will be fully liable for any damages caused to LOVECRAFT, business, image and employees. LOVECRAFT has the right to terminate your Commercial License and use of its products at this time.

11.- Indemnification. Licensee shall fully indemnify, defend, and hold harmless Licensor from and against any and all claims, losses, damages, expenses, and liability, including without limitation, suits arising from offering, promoting, advertising, sale, or use by Licensee, whether or not such use conforms to standards set by Licensor.

12.- Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13.- Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

14.- We will do our best to resolve any disputes with you, however if we cannot agree then disputes will be resolved by arbitration in the United States under Texas State law all expenses reimbursable to LOVECRAFT by the Licensee.