TERM AND CONDITIONS OF ORDER, SALES AND USE
Last update: January 03, 2017
Welcome to www.3dRudder.com. The site offered by 3DRUDDER SAS a French Company, with a registered office at 10 RUE DESPIEDS, 13003 MARSEILLE, FRANCE and 3dRudder Inc. its US subsidiary (together “3dRudder”).
THESE TERMS AND CONDITIONS OF ORDER, SALE AND USE (“AGREEMENT”, “TERMS”) SET FORTH THE TERMS UPON WHICH 3DRUDDER (“3DRUDDER”, “3DRUDDER SAS”, “US”, “WE” OR, THE “COMPANY”) SELLS, AND YOU PRE-ORDER AND/OR PURCHASE, DIFFERENT VERSIONS OF THE 3DRUDDER DEVICES OFFERED BY 3DRUDDER THROUGH ITS WEBSITE AT WWW.3DRUDDER.COM (THE “WEBSITE”) (EACH, A “PRODUCT” OR “SERVICES”).
BY PURCHASING A PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY.
DO NOT ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” MEANS BOTH THE INDIVIDUAL PLACING THE ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY.
REQUIREMENT OF USE
The 3DRUDDER Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Full use of the 3DRUDDER Services requires compatible 3DRUDDER Products, compatible hardware, and certain software; may require periodic updates; and may be affected by the performance of these factors. The 3DRUDDER Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the 3DRUDDER Services.
Pricing and Payment: by placing an order at www.3drudder.com, you agree to pay the price for the particular Product you are purchasing listed on the 3DRUDDER website by credit card or through a Paypal account. All payments, either by credit card or through a Paypal account, will be treated by Paypal.
Order Processing and Delivery: the amount charged for delivery may vary according to the quantity of products ordered, the country of delivery and the type of delivery chosen during checkout. The delivery fee is available at any time during the checkout process and can be reviewed before payment. Orders are usually processed the same day or the day after, depending on the time of order. Depending on the country and the choice of delivery, time for delivery may vary from 2-3 days for express shipping, when available, to 5-7 days for standard shipping.
Returns and order cancellation: please refer to our Shipping section.
MODIFICATION OF TERMS
ACCESS TO SERVICES
In order to have access to Services, a user shall download and install a free software provided by 3DRUDDER, and create an account. This account is protected by the user’s login information (user ID and password). The users, per login to the Service using their account, may be required to identify themselves using their login information. Third party costs for accessing the service (computer, other hardware peripherals, VR equipment, internet connection) are supported by the user. Users of 3DRUDDER Products and Services are responsible for maintaining the security of their access information (login ID and password). In the case that you suspect that your access information has been compromised you must immediately change your password and contact support@3dRudder.com.
3DRUDDER is not responsible for any unauthorized access of someone else to your account through information that was obtained from you or through the violation of 3DRUDDER’s Policy or of this TERMS. The services on www.3dRudder.com are reserved for users 13 years old and above. Minors are not advised to use these services without an adult supervision. 3DRUDDER may, in its sole discretion, terminate or suspend access to all or part of the Site, Services or Products, whether temporarily or permanently, without prior notice.
The user of the 3DRUDDER’s Services agrees to not to engage in any of the following prohibited actions using unauthorized access to the Services, modifying 3DRUDDER provided Products and the Service in any way shape or form, use modified versions, and or access it illegally, using the Services for the purpose of infringing third party rights, using the Service contrary to any current, relevant and applicable regulations, manipulating the Services for the purpose of discovering source code of the application, or doing reverse-engineering, decompiling, disassembling the Services, actions that may, in the company’s judgment, cause an unreasonable or disproportionate increase in the load on our infrastructure, tampering with the Service to cause interruptions and degradation in performance and damage its functions and interfering with the proper functions of the Services.
Users acknowledge and agree that Services are delivered in full working order regarding their availability. 3DRUDDER makes no warranties as to the duration, responsiveness, or duration of the Services and the Products; 3DRUDDER does not guarantee that Services will be uninterrupted, secure, or free from errors; The use of the Services is only at risk to the user, who will be responsible for any damage caused to his or her computer or for any loss of data resulting from downloading the 3DRUDDER software and/or consulting the contents of the service. Users agree to indemnify, protect, and hold harmless 3DRUDDER and its subsidiaries, parent companies and affiliates, from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, arising out of your breach or alleged breach of this agreement. By reading this TERMS, you agreed you read all details of our “Warranty and Returns Policy” at www.3dRudder.com.
3DRUDDER assumes no liability in the events that interruption and/or malfunction occurs leading to the discontinue of the Services; in the event of indirect, special, incidental, exemplary or consequential damages originating out of or in connection with the Product, the 3DRUDDER site or its content, including but not limited to damages resulting from loss of data, profits, whether or not the company has been advised of possibility of such damages, or any other assumption of liability; costs incurred after the purchase of substitute goods or services which occur at the time of use of the Service; any direct or indirect damage incurred after declaration of a third party on the Service. 3DRUDDER reserve the right to indefinitely suspend or refuse user from accessing the Services in the case that the user does not comply with the TERMS, or for any other reason.
Also, the site aside from 3DRUDDER Products and the Services may also provide information on video gaming, virtual reality and CAD design and other information related to 3DRUDDER’s Products and Services. You acknowledge that the responsibility of 3DRUDDER cannot be questioned in terms of information and Services available on the site and you agree that the use of such information and Services is under your sole responsibility, control, and management.
AGREEMENTS BY THE USER
Users agree not to resell the Services and 3DRUDDER Products. The user will not use the sites and 3DRUDDER’ services for illegal purposes, including transmitting messages contrary to public order and morality; defamatory messages; elements that violate the privacy of third parties, and other information that could harm in any way the rights of www.3dRudder.com and other users. The Site, Products and the Services and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, and other software (collectively “intellectual property”) are protected by copyright, trademark and other laws of international conventions and the laws of other countries, except if otherwise expressed and defined as owned by a third party. The intellectual property is owned and controlled by 3DRUDDER or the party credited as the provider of intellectual property. You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the intellectual property or the site itself, in whole or in part.
The User is responsible for information, messages and in general any content distributed via the community Services, such as the 3DRUDDER forum and/or blog, or the information the user shares with the 3DRUDDER registered user community via its online and mobile applications and services. Users accept that 3DRUDDER may eliminate, in whole or in part, any content that it distributes through the interactive services if this content is likely to infringe current laws or regulations or public decency.
This Agreement represents the entire agreement governing 3DRUDDER’ Product supply relationship with you. This Agreement incorporates 3DRUDDER’ Privacy and Warranty policy, which are available on www.3drudder.com. Any prior discussions and agreements between you and 3DRUDDER and any general purchase conditions or other document issued by you relating to the purchase of 3DRUDDER products will not apply, unless 3DRUDDER expressly agrees otherwise in writing signed by an authorized representative of 3DRUDDER. You may not assign or transfer this Agreement to any third party.
APPLICABLE LAW AND JURISDICTION COMPLIANCE
All disputes arising out of or relating to these TERMS, shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in New York, New York, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of New York without reference to principles of conflicts of laws.
Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.
Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. The Company does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Product shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in New York, New York, except that, following confirmation of an arbitration award in a state or federal court in New York, New York, a judgment arising therefrom may be executed in any court of competent jurisdiction.
If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties. 3DRUDDER’s failure to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by 3DRUDDER of any other provisions of prior, concurrent or subsequent default by 3DRUDDER in the performance of or compliance with any of the TERMS set forth herein.