In Numero LLC DBA Fabnami
Terms and Conditions

Last updated: October 2014

The following are terms and conditions of a legal agreement between you and In Numero LLC DBA Fabnami, its affiliates and partners (collectively, “Fabnami”, “we”, “us” or “our”). These Terms and Conditions govern your use of the services we offer (“Fabnami Services” or “Services”) and the use of fabnami.com (the “Fabnami Website” or “Website”).

By using the Website and Services, you acknowledge to have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the Website and Services.

Fabnami Services

The Fabnami Services are provided through the Website. Fabnami is an e-commerce solution used by companies that provide 3D-printing services to offer their services and collect orders online. Fabnami does not 3D-print or manufacture objects but develops, markets and manages the Website and the Services. The Website and the Services are configured according to the specifications provided by our clients, also called manufacturing partners, who use the Website and Services to collect and manager online orders. Fabnami is not involved in the actual manufacturing, processing and shipping of the manufactured objects.

The Services enables you to upload a 3D file to our Website, view it in 3D, have it tested for manufacturability and finally have it 3D-printed (also 'manufactured') by one of our manufacturing partners. Our manufacturing partners are commercially and legally independent companies that provide rapid manufacturing services at a charge. We shall not be liable for any loss or damage or cost incurred in relations to any activity between you and our partners and affiliates.

Unless stated differently during the checkout process, all costs will be billed and collected by the manufacturing partner you selected. The name and address on the manufacturing partner you are issuing the order to are visible when you first load the Website.

If your model is not manufacturable or has features that may lead to unsatisfactory results of the manufacture process, our manufacturing partner may contact you following their own terms and conditions that are available on the website of the manufacturing partner, which we invite you to review. We shall not be liable for any loss or damage or cost incurred in relations to the support of our manufacturing partners, or lack thereof.

Fabnami checks 3D models for manufacturability and possibly repairsthem automatically. Models that do not qualify for 3D print need to be inspected by an expert 3D designer, who might - but not necessarily will - be able to turn your model into one that can be manufactured. If expert services are available at the manufacturing partner you choose, you will be able to purchase them, also in combination with the 3D prints of your model. By purchasing expert services you will reduce, but not completely remove, the risks related to the potential non- or limited-manufacturability of your model and the limits of the 3D printing technology, which might lead to unsatisfactory results of the 3D-print process.

It must be noticed that Fabnami checks the manufacturability of your models and - if it is possible - automatically repairs them on a best-effort basis. A model that successfully passes Fabnami's check for manufacturability, either before or after having been automatically repaired, might still be non-manufacturable. Our manufacturing partners usually run routine checks on all models and will advise you, but we shall not be held responsible for any loss, damage or costs incurred by having a 3D model manufactured.

Fabnami acts and an intermediary between you and our manufacturing partners. After the manufacture orders have been issued, all communication, including billing, invoicing and payments related to manufacturing and additional services will occur directly between you and our partner. The name, address and contact information of our partner are visible in the Website and will appear in the order confirmation email you will receive after completing the purchase.

Account Terms

You must be at least eighteen (18) years of age to use the Website and Services. If you are under 18, you may use the Fabnami Website and Services only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Website and Services. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.

Ordering

1) Placing an order
To order a print of a model you designed or that you found on the Web, you start with uploading the model to our Website. Then you can select the quantity of the 3D-printed objects you order and the materials you want the model to be made of as well as finishes and additional services. Each manufacturing partner might provide a different offer, prices, service levels and quality. As the next step, we ask you to provide us with information we need for the delivery of the model. Eventually, your orders will be sent to the manufacturing partner that you choose, who will get in touch with you according to their own term and conditions, which we invite you to review.

2) Unacceptable orders, cancellation of orders by us
There may be technical or other reasons why Fabnami or the manufacturing partner may not accept or cancel your order during the entire ordering process, even after the acceptance of your order. Such reasons can be for example, but not limited to, the infeasibility of the model, the features of your model, the destination of the delivery you indicated in your order etc. In case we cancel your order our partner will contact you according to their own term and conditions, which we invite you to review.

3) Prices
The prices displayed in Fabnami are based on the pricing scheme of the manufacturing partner you choose and are valid only for the moment that they are displayed. Fabnami reserves the right to change its prices without prior notice. Such changes however will have no effect on orders completed before the posting of a new price. We do our best to prevent errors in the pricing. However, should an error occur, we and our partners are not bound by our offer and may cancel the order.

4) Payment and price
Fabnami does not collect payments nor sends invoices on behalf of its manufacturing partners. Fabnami simply provides a modern and usable e-commerce interface to check and price 3D models, select print materials and services and send orders. The Fabnami manufacturing partner you choose is responsible for collecting payments as well as for the quality of the manufacturing and services it offers.

5) Acceptance
After sending your order to the manufacturing partner you choose, we will send you an order confirmation to the email address with which you signed-in, which is also associated to your Fabnami order. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If our manufacturing partner cannot accept your order, they will contact you according to their own term and conditions, which we invite you to review. You should verify the details in the confirmation email. If there are errors you should contact the manufacturing partner as soon as possible.

6) Shipping
Your order will be delivered to your shipping address or will be available for pick-up depending on the options provided by the manufacturing partner you choose. You might incur in additional shipping charges. In case of doubt, get in touch with the manufacturing partner. In every case the delivery details are unclear, we invite you to contact our manufacturing partner. We are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to the manufacturing partner you choose.

7) Cancellation of your order, return of models
Due to the personalized feature of our Services (i.e. the 3D print object is manufactured by our partners based on your specifications), you can not cancel your order after issuing the order. Orders that contain non-refundable items may still cancelable, depending on the term and conditions of the manufacturing partner, which we invite you to review.

Warranty


Fabnami is not involved in the manufacturing process and does no warrant that the model manufactured by its manufacturing partners will meet the features of the indicated 3D model. Fabnami does not give any warranty about the models and does not guarantee that the model will be fit for any particular purpose. Please check directly with the manufacturing partner you choose to review and accept their own warranty policy.

Fabnami provides the Website and the Services “as is“ and “as available”. Fabnami does not warrant that the use of the Website and the Services will be uninterrupted or error free.

Fabnami MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, Fabnami HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Use of the Fabnami Website and Services

Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with Fabnami or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be not reproduced or distributed. Any use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Fabnami is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy or any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.

The Website may provide links to other websites that are not under the control of Fabnami&. Fabnami shall not be responsible in any way for the content of such other websites. Fabnami provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Fabnami of the content of such websites.

Since the Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website and Services, which will result in the Website and Services not being available for a certain period of time. We will endeavor to ensure that the Website and Services operate reliably and consistently, but we do not warrant that the Website and Services will operate uninterrupted without any faults. We are not responsible for any losses as a result of any interruption of the Website and Services or suspension of your access to the Website or Services.

The manufacturing partners are fully responsible for the handling and fulfillment of the orders, as well as for the shipment of the manufactured abjects, the invoicing and the collection of all costs and fees from their clients.

User Generated Content

The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D models, designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order as well as the printed model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.

Fabnami has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content.

Except for your 3D models or designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us, our partners and affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for redistributing part or all of the User Generated Content (and derivative works thereof) in any format and through any channel. The foregoing license grants to us, our partners and affiliates does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Intellectual Property Rights of 3D Designs

You, as a designer, retain all your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, Fabnami shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is either your original creation and not copied from any third party and/or entity or that you own the intellectual property rights of the design. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend Fabnami against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Fabnami with respect to such claims.

By uploading your 3D design to the Website, you grant Fabnami a non-exclusive, royalty free worldwide transferable license on your design to use it in all steps that lead to the manufacturing of your model and fulfillment of your order.

We retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights.

Consent to Use of Personal Data

By using our Services you agree that Fabnami may collect and use personal data about you. Such information collected through this Website and Services shall only be used in accordance with the Fabnami Privacy Statement. For more information please read the Fabnami™ Privacy Statement.

Limitation of Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Fabnami Website and Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

Fabnami WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY THE MANUFACTURING PARTNER FOR THE RELEVANT ORDER.

Applicable Law

These Terms and Conditions shall be governed by the laws of Zurich, Switzerland, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Zurich, Switzerland. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Fabnami Services or Website or relating to the models ordered and delivered, shall be brought in the court of Zurich, Switzerland. The United Nations Convention on the International Sale of Goods shall not apply to the Fabnami Services or Website or relating to the models ordered and delivered.

For consumers in Italy the Applicable Law is DLgs, 6.09.2005 n. 206, Titolo III, sezione II.

Indemnification

You agree to indemnify and hold Fabnami, its partners, affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

Change of the Website, the Services and these Terms and Conditions

Fabnami reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.

Contract Duration

Contracts with Fabnami have a notice period of 1 month. Both Fabnami and the manufacturing partners using the Fabnami Service and Website may stop providing and/or using the services and recede from the contract at any time. The contract expires at the end of the month following the one on which the contract termination was notified. Notifications are valid only after obtaining a receipt by email or post.

Miscellaneous

These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by Fabnami represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Fabnami. No amendment of these Terms and Conditions shall be binding upon Fabnami unless in writing and signed by Fabnami. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

Contact Information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to info@fabnami.com.

SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. Fabnami MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.