SUPPLEMENTARY TERMS OF THE PRUSAPRINTERS SERVICE
- Prusa Research a.s., a company with its registered office at Partyzánská 188/7A, 17000, Prague 7, Id. No.: 06649114, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 189253 (hereinafter the “Operator”), operates the PRUSAPRINTERS.org service (hereinafter the “Service”).
- User shall mean any person who uses the Service in any way whatsoever (hereinafter the “User”).
- By using any of the Service in any way whatsoever, the User consents to these Supplementary Terms, as well as the Terms, and is therefore obliged to comply with them. If the User does not agree with the conditions of these Supplementary Terms or the Terms, the User is not allowed to use the Services. Upon registration for any of the Services for the purpose of obtaining a User Account (hereinafter the “User Account”), the User shall expressly confirm his or her consent to these Supplementary Terms and the Terms. The contractual arrangement between the User of the Service and the Operator shall always consist of, at least, these Supplementary Terms and the Terms.
- Some functionalities or parts of the Services may only be used by registered Users with a User Account.
II. USER CONTENT AND LICENCE TERMS
- The Service allows a User with a User Account to upload and publish his or her own content in the form of print files (.gcode), 3D model files (.stl, .3mf, .obj and .amf) and related images (.jpg, .png, .gif, .tiff) (hereinafter the “Printing Resources”) and operates as a platform for sharing Printing Resources by the Users. The Printing Resources are considered to be User Content within the meaning of the Terms (hereinafter the “User Content”) and shall therefore also be governed by the provisions of the Terms and Conditions relating to User Content.
- By uploading and publishing the Printing Resources through the Service, the User provides these Printing Resources to the Operator and the Users of the Service under a Creative Commons license (hereinafter the “Creative Commons”) of his or her choice; the valid and effective terms and conditions of the Creative Commons licenses are available at https://creativecommons.org/licenses/. Therefore, the licenses to the Printing Resources are not provided to the Users by the Operator. Sharing the Printing Resources through the Service shall be deemed to be a proposal by the User to the other Users of the Service to conclude a license agreement under the chosen Creative Commons license conditions. The User acknowledges that the Creative Commons licenses become irrevocable upon publishing of the Printing Resources.
- The User agrees to share the Printing Resources through the Service only if he or she has the necessary rights to make them public and to further distribute them and license them under the chosen Creative Commons license, and also thereby represents that the Printing Resources do not violate any rights, in particular, intellectual property rights, of third parties. Furthermore, the User agrees to use the Service to only share Printing Resources which do not serve as instructions for production of items whose possession or production of is restricted or prohibited by the applicable legal regulations. In addition, the User agrees not to use the Service to share any Printing Resources of low quality, intentionally erroneous or with an incorrect label or description.
- The User shall be fully responsible for all the Printing Resources he or she uploaded and published through the Services. The Operator shall not be in any way responsible for such Printing Resources, except for the cases stipulated by legal regulations. The User agrees to compensate the Operator and the other Users for any damage incurred by the Operator or third parties in connection with the publication of the specific Printing Resources.
- The Users may use the Printing Resources shared by other Users of the Service under the terms and conditions of the Creative Commons license under which the specific Printing Resources were published and which are specified for them within the Service.
- The Operator points out that Printing Resources are created by the Users and are in no way inspected or tested by the Operator prior to their publication. Thus, the Printing Resources and the description and labeling thereof may contain factual, technical and formal inaccuracies or errors and therefore may in no way be deemed to be professional advice or expert statements. The Operator does not guarantee the quality or faultlessness of the Printing Resources and shall not be liable to the User for any damage incurred as a result of using them.
- The Operator may inspect and test the Printing Resources at any time and reserves the right to remove from the Service or render unavailable any Printing at any time without prior notice. The Operator shall accept suggestions and complaints from the Users regarding the quality of the Printing Resources or any infringements of rights.
- The Service does not serve as data storage and the Operator does not guarantee to the User that any User Content will not be damaged, altered or deleted. The Operator shall not be liable to the User for any damage incurred as a result of the loss of uploaded data.
III. USER SERVICES
- The Service allows a User with a User Account to offer their own services in the area of on-demand printing, technical support or “show and tell”. The Operator points out that such offers are exclusively made by the respective Users and the Operator shall not be in any way responsible for the provision of these services or the quality thereof.
IV. FINAL PROVISIONS
- The Operator reserves the right to restrict the User’s access to the Service or to delete his or her User Account without prior notice and without any compensation in the event of breach of these Supplementary Terms, the Terms, binding legal regulations of the Czech Republic or good morals, or even in the event of a justified suspicion of such breach.
- The Operator reserves the right that the Service may not be always available, especially as a result of a technical failure or scheduled maintenance. The Operator further reserves the right to modify the Service or to cease providing the Service at any time. The Operator shall not be liable for any damage incurred by the User as a result of unavailability, modifications or termination of the provision of the Service. To the extent permissible under the applicable legal regulations, the Service is provided without any warranty.
- These Supplementary Terms may be unilaterally changed or updated by the Operator at any time. The Operator shall notify the Users of a change hereto at least 14 days in advance of the effective date of such new Supplementary Terms by publishing the new wording within the Service or by an e-mail sent to the User’s e-mail address. The User may reject such changes to the Supplementary Terms by deleting his or her User Account, or by ceasing to use the Service. The valid and effective version of the Supplementary Terms shall always be available within the Service and the User is obliged to get acquainted with them from time to time. By using the Service after the effective date of the changes, the User shall be deemed to have accepted the changes.
- Legal relationships between the User and the Operator arising out of these Terms shall be governed by these Supplementary Terms and the Terms, and in the cases not regulated thereby, by the laws of the Czech Republic. In case of any discrepancy between the language versions of these Terms, the Czech version shall prevail. Any disputes arising from the relationships under these Supplementary Terms and the Terms and Conditions shall be resolved by the competent courts of the Czech Republic, exclusively in accordance with the laws of the Czech Republic.
- Invalidity or ineffectiveness of a provision of these Supplementary Terms shall in no way affect the validity and effectiveness of other provisions.
- This version of the Supplementary Terms enters into force and effect on 2nd April 2019.
- The Operator can be reached by e-mail at firstname.lastname@example.org