• Terms and Conditions

     

    These are the terms and conditions subject to which we allow you to use Our Website (3DSquirrel.co.uk). By visiting or using Our Website, or signing up for our services, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years. Once a Licensed Product has been purchased or downloaded for free from our website you also agree to be bound by our Product Licence Agreement which can be found here.


    If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your order, and/or take appropriate legal action against you.

    We are: 3D Squirrel Ltd, a company registered in England & Wales with the number 8310015.

    Our address is: Bell Walk House, Uckfield, East Sussex, TN22 5DQ, United Kingdom.

    VAT Registration Number:  203557333

    You are: Anyone who uses Our Website or buys from us.

    Our Website uses cookies.  By using Our Website and agreeing to these terms and conditions you consent to our use of cookies in accordance with the terms of our Privacy Policy. This can be viewed here.

     

    It is now agreed as follows:

    1.  Definitions

    In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

    "Content"

    - means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. 
      It includes content Posted by you.

    "Contribution"

    - means Content Posted by you.

    "Intellectual Property"

    - means intellectual property owned by us or by any third party, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights or for which application for registration has been made in any country.


    "Our Website"

    - means the entire computing hardware and software installation that is or supports Our Websites including any communication or peripheral system.


    "Post"

    - means place on or into Our Website any Content or material of any sort by any means.


    "Licence"

    - means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.


    "Licensed Product"

    - means any product, material or thing offered for licence by us or a Seller on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way.


    "Service"

    - means any service we sell from time to time, whether or not connected to a Licensed Product.


    2.  Interpretation

    In this agreement the following meanings apply unless the context otherwise requires:

    2.1.        a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
    2.2.        a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
    2.3.        in the context of permission, “may not” in connection with an action of yours, means “must not”.
    2.4.        the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
    2.5.        any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
    2.6.        a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
    2.7.        all money sums mentioned in this agreement are calculated net of VAT, which will be charged (if applicable) when payment is due.
    2.8.        these terms and conditions apply to all supplies of Licensed Products by us. They prevail over any terms proposed by you.
    2.9.        this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

    3.  Basis of Contract

    3.1.        If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
    3.2.        When you buy a Licensed Product, you are in fact buying a licence to use that Product. That licence is supplemental to this agreement and to be read with this agreement to provide the full agreement between us. This can be viewed here.
    3.3.        In entering into this contract you have not relied on any representation or information from any source except Our Website.
    3.4.        You acknowledge that you are satisfied that the Product you have selected is suitable and satisfactory for your requirements;
    3.5.        There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service.
    3.6.        The price of any Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy a Service.
    3.7.        You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
    3.8.        You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £50 per hour in dealing with your breach. You also agree that this provision is reasonable.
    3.9.        The Contract between us comes into existence at the earlier of:
                     3.9.1       when we write to you to confirm that your order has been delivered by an email attachment; or
                     3.9.2       when you download the Product you have bought or download a Product for free.

    We may change this agreement and / or the way we provide a Product, at any time. If we do:

                    3.10.1     the change will take effect when we Post it on Our Website. You are advised to check this page from time to time.
                    3.10.2     if you make any payment for Products or Services in the future, you will do so under the terms posted on Our Website at that time.

    4.  If you buy Services as a consumer

    If you buy Services as a Consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000 and only if those regulations apply to your contract with us, then:

    4.1.        you may have a right to cancel the contract. In that event, we will refund your payment in full by means of the same method as you paid us.
    4.2.        free Services are not covered by the Regulations.

    For more information regarding your consumer rights please see our Licence Agreement here.

    5.  Content you Contribute or Post to Our Website

    You agree that you will not use or allow anyone else to use Our Website to Post a Contribution which is or may:

    5.1.        be information which could promote or assist any unlawful purpose;
    5.2.        be malicious or defamatory;
    5.3.        consist in commercial audio, video or music files;
    5.4.        assist in or promote: emulators, hacking, password cracking, IP spoofing;
    5.5.        be illegal, obscene, offensive, threatening or violent;
    5.6.        be sexually explicit or pornographic;
    5.7.        promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
    5.8.        be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
    5.9.        be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    5.10.      give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
    5.11.      solicit passwords or personal information from anyone;
    5.12.      be used to sell any goods or services or for any other commercial use;
    5.13.      be used to send any communication by automated email or otherwise;
    5.14.      be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
    5.15.      request personal information from other users nor Post any unnecessary personal information about you or any user without his permission;
    5.16.      link to any of the material specified above, in this paragraph.

    6.  Other restrictions

    You agree that you will not use or allow anyone else to use Our Website:

    6.1.        in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
    6.2.        for spamming. Spamming includes, but is not limited to:
    6.2.1       the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
    6.2.2       the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
    6.2.3       excessive and repeated Posting off-topic messages to newsgroups;
    6.2.4       sending age-inappropriate communications or Content to anyone under the age of 18.

    7.  About Contributions Posted by you

    You now confirm that:

    7.1.        we may, at our discretion, read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
    7.2.        you own all of the Contributions you Post;
    7.3.        you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Contributions having been Posted by you;
    7.4.        you will immediately notify us of any security breach or unauthorised use of your account.
    7.5.        you accept all risk and responsibility for determining whether any Contribution is in the public domain and not confidential.
    7.6.        you irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Contribution that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
    7.7.        you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Contribution as provided in the Copyright, Designs and Patents Act 1988 s80.
    7.8.        you now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
    7.9.        you now irrevocably release us from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Contribution Posted by you.

    8.  Removal of offensive Content

    8.1.        For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
    8.2.        We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
    8.3.        If you are offended by any Content, the following procedure applies:
                 8.3.1       Your claim or complaint must be submitted to us in the support form available on Our Website, or sent by post/email containing the same information as that requested in our support form.
                 8.3.2       we shall remove the offending Content as soon as we are reasonably able;
                 8.3.3       after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
                 8.3.4       we may re-instate the Content about which you have complained or not.
    8.4.        In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
    8.5.        You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

    9.  Security of Our Website

    We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading a Contribution or Content of some sort. We may read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
    If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.

    You now agree that you will not, and will not allow any other person to:

    9.1.       modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    9.2.       link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
    9.3.       download any part of Our Website, without our express written consent;
    9.4.       collect or use any product listings, descriptions, or prices;
    9.5.       collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    9.6.       aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
    9.7.       for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
    9.8.       use Our Website to hack into the computer of any other person or make contact with any other computer;
    9.9.       make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
    9.10.      make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
    9.11.      upload or republish any part of our Content on any Internet, intranet or extranet site.
    9.12.      hide or remove the banner advertisements on any page of Our Website;
    9.13.      share with a third party any login credentials to Our Website;
    9.14.      use Our Website software which assists in:
                 9.14.1    data mining, extraction or collection;
                 9.14.2    emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
                 9.14.3    “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
                 9.14.4    performing any automated operation;

    9.15.     Despite the above terms, we now grant a licence to you to:

    9.15.1    create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    9.15.2    you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

    10.  Interruption to our service

    10.1.     If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
    10.2.     You acknowledge that our Service may also be interrupted for many reasons beyond our control.
    10.3.     You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Service.

    11.  Intellectual Property

    11.1.     We will defend our Intellectual Property rights in all countries.
    11.2.     Except as provided in our Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via Our Website.
    11.3.     You may not use our name or logos or trade marks or any other content on any website of yours or that of any other person.
    11.4.     You agree that at all times you will:
               11.4.1    not to cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
               11.4.2    notify us of any suspected infringement of the Intellectual Property;
               11.4.3    indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
               11.4.4    use any name or mark similar to or capable of being confused with any name or mark of ours.

    12.  Disclaimers and limitation of liability

    12.1.     The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    12.2.     All implied conditions, warranties and terms are excluded from this agreement.
    12.3.     Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
    12.4.     You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
    12.5.     We sell Products in good faith. But we make no representation or warranty that any Licensed Product will be:
                12.5.1.    useful to you;
                12.5.2.    of satisfactory quality;
                12.5.3.    fit for a particular purpose;
                12.5.4.   available or accessible, without interruption, or without error;
    12.6.      Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
    12.7.     We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    12.8.     you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Licensed Products concerned.
    12.9.     We shall not be liable to you for any loss or expense which is:
                 12.9.1     indirect or consequential loss; or
                 12.9.1  economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
    12.10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to ourselves.
    12.11. If you become aware of any breach of any term of this agreement by any person, please tell us by writing to us at the above address. We welcome your input but do not guarantee to agree with your judgement.
    12.12. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

    13. You Indemnify Us

    You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

    13.1.     your failure to comply with the law of any country;
    13.2.     your breach of this agreement;
    13.3.     any Content you Post to Our Website;
    13.4.     any data you send or upload to Our Website for storage or any other purpose;
    13.5.     a breach of the intellectual property rights of any person;
    13.6.     your failure to conform to any relevant Internet protocol;
    13.7.     any use of your site for a purpose forbidden by this agreement;
    13.8.     any act, neglect or default by any agent, employee, licensee or customer of yours;
    13.9.     a contractual claim arising from your use of the Licensed Products;
    13.10.    and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £50 per hour without further proof.

    14.  Miscellaneous matters

    14.1.     We reserve the right to change these terms and conditions from time to time as we see fit and your continued use of Our Websit will signify your acceptance of any adjustment to these terms.
    14.2.     If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    14.3.     If you are in breach of any term of this agreement, we may:
                 14.3.1    publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and   you now irrevocably give your consent to such publication.
                 14.3.2    terminate your account and refuse access to Our Website;
                 14.3.3    issue a claim in any court.
    14.4.     Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    14.5.     No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    14.6.     You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
    14.7.     Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery.

              It shall be deemed to have been delivered:
                      - if delivered by hand: on the day of delivery;
                      - if sent by post to the correct address: within 72 hours of posting.

    14.8.     In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    14.9.     This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
    14.10.    We are not liable for any failure or delay in performance of the contract which this Product enables, nor for any circumstance beyond our reasonable control, including any labour dispute.
    14.11.    The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.

     

    Additional Terms and Conditions for Sellers of Products or suppliers of Free Products through Our Website. 

    These terms and conditions are the contract between you and 3D Squirrel Ltd. ("us", "we", etc). By visiting or using Our Website to sell your Products or supply free Products, you agree to be bound by them.


    We are 3D Squirrel Ltd, registered number 8310015, incorporated in England and Wales. Our registered office is at Bell Walk House, Uckfield, East Sussex, TN22 1FB.

    1.    Definitions

    "Commission"    - means the commission you pay us, calculated as a percentage of the value of sales made by you through us, net of VAT.

    "Content"    - means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you both directly to offer your Products for sale and indirectly, for any other purpose.

    "Device"    - includes any computer, device, work station, electronic application or electronic receiving device.
        
    "Our Website"    - means any website or Service designed for electronic access by mobile or fixed Device which is owned or operated by us. It includes all of the hardware and software installations that enable our website to function.

    "Post"            - means place on or into Our Website any Content or material of any sort by any means.

    "Product"    - means any item offered for sale or/and offered for free by you on Our Website, whether physical goods or downloads, together with all supporting text, and information in any medium.

    "Service"    - means all of the services available from Our Website, whether free or charged. For the sake of good order "Service" does not include any service offered for sale on Our Website by any person other than us.
        
    2.    Interpretation

    In this agreement unless the context otherwise requires:

    2.1.    a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
    2.2.    a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
    2.3.    a reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
    2.4.    the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
    2.5.    any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
    2.6.    except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
    2.7.    in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
    2.8.    all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.

    3.    Our contract

    3.1.    The relationship between us is solely that:
                  3.1.1    in consideration of the Commission charged by us on the sale of your Product, we provide for you an Internet market place as an arm's length contractor.
                  3.1.2    we act as your agent solely in the collection of money paid by your buyer.
                  3.1.3    we are not, partners or joint venturers.
    3.2.    If you place a Product for sale on Our Website or offer it for free, you do so subject to these terms.
    3.3.    In consideration of the Commission, we provide for you a market place accessible via www.3DSquirrel.co.uk. The amount of the Commission is 35% retained by us at point of sale and 65% will be paid to you.  This payment will be made on the first (1st) day of the calendar month following your request for payment (made through requesting credit withdrawal from your account credit page).
    3.4.    We may change this agreement in any way at any time. 
    3.5.    In contracting with users of Our Website, we make certain assumptions as to your compliance with the law and to the procedures set out on Our Website. You agree to comply with those procedures.
            For the sake of good order, we remind you that the Regulations provide that all information of whatever nature, provided to a buyer, is deemed to be relevant and true.
    3.6.    Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or site visitor has a valid complaint against you.
    3.7.    Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale or for free through Our Website.

    4.    The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations")

    4.1.    You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Regulations.
    4.2.    Because we are not your agents except to market your Products and take payment, all your obligations under the Regulations must be fulfilled by you. That means the information you provide to us by entry or upload into Our Website must be clear, sufficient and complete, to comply with the Regulations.
    4.3.    We will also provide regulatory information relating to refunds and cancellation. We expect you to comply with those terms. The terms on Our Website will be communicated only as information to the buyer and not as contract terms.
    4.4.    Because every reference to a Product of yours, made by you or by us, may be treated by a consumer as contractual, you agree:
              4.4.1    to make clear any contractual term in content you place on Our Website, which may be different from any term on Our Website.
              4.4.2    that no content on your website will contradict content you place on Our Website.

    5.    Your licence to us

    5.1.    You now warrant that:
              5.1.1    you have the authority to enter into this agreement and bind the person or organisation named by you as the seller and licensor;
              5.1.2    you own the copyright in all Content you may Post to Our Website or that you have the permission of the owner to use it and to grant this licence to us.
              5.1.3    you know of no lawful reason why any person should object to or claim for infringement of, any intellectual property right relating to any Content you may Post.
    5.2.    In Posting data through our Service you grant to us an irrevocable, sub-licensable, licence to display your Product in images and text in the public domain. In doing so you understand and accept that we shall grant a sub-licence to any person in any terms we may from time to time decide, to download your Product images, to his mobile phone.
    5.3.    We will use that licence only for commercial purposes in reference to 3D Squirrel Ltd and will stop using it after a commercially reasonable period of time.
    5.4.    You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your Content as provided in the Copyright, Designs and Patents Act 1988 s80.
    5.5.    You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
    5.6.    Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
    5.7.    You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
    5.8.    You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
    5.9.    Please notify us of any security breach or unauthorised use of your account.

    6.    Your Product placement

    You agree:

    6.1.    not knowingly to place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
    6.2.    immediately to remove from sale on Our Website any Product which for any reason, you are no longer authorised to supply.
    6.3.    not to re-place any Product we remove from offer for sale without prior approval.

    7.    Your account and personal information

    7.1.    When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
    7.2.    You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
    7.3.    You agree to notify us of any changes in your information immediately.
    7.4.    We may terminate your account immediately and without notice to you if you fail to notify us of any such changes.

    8.    The selling procedure

    8.1.    You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service provider.
    8.2.    Products may be offered for sale subject to any discount or promotion arranged between you and us.
    8.3.    Subject to discounts and promotions, Products are offered for sale at a price set by you, exclusive of VAT. If the customer is required to pay VAT this will be added at the point of sale and will be paid directly though the MOSS system by 3D Squirrel Ltd to the relevant authority.
    8.4.    You agree to comply with the requirements implied in the returns policy set out on Our Website.

    9.    Product Complaints

    You agree that you will at all times:

    9.1.    reply promptly and in any event within 48 hours to any online personal message we send to you or other correspondence;
    9.2.    comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full Product information.
    9.3.    when we have an obligation to return money to a customer for any reason, you will accept that a payment will not be made to you, in line with the refunds policy set out on Our Website;

    10.    Our Commission and payment to you

    10.1.    We sell your Product at the price applied to it at the time of sale, subject to these terms and subject also to the requirements we set out on Our Website from time to time.
    10.2.    Our Commission is deducted from the price your customer pays for your Product before VAT is applied (if applicable). We will pay to you the remaining amount on the first (1st) day of the calendar month following your request for withdrawal of your credit.  You irrevocably authorise us to deduct Our Commission from sums paid to us by your buyer.
    10.3.    The proportion of each sale receipt (excluding VAT) retained by us as Commission is 35%. You will receive 65% of each sale receipt (excluding VAT).
    10.4.    Payment of the money owed to you following a sale of your Product will be paid in GBP via the Paypal email address provided by yourself at the time when you make a credit withdrawal request (it is your responsibility to ensure that this is correct).  All transactions fees relating to this payment will be paid by the seller.
    10.5.    If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
    10.6.    If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you.
    10.7.    If we accept any complaint from a customer and consequently refund his payment, we are not obliged to pay Commission to you.
    10.8.    If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

    11.    Your Product warranties

    You warrant that:

    11.1.    any Product you place on Our Website for sale or for free:
                 11.1.1    does not infringe the intellectual property rights of any person;
                 11.1.2    does not offend against the law of any country whose citizens might purchase it;
    11.2.    you own the intellectual property rights in any Product you place on Our Website for sale, or that you have the permission of the copyright owner:
                 11.2.1    to place the Product on Our Website for sale or for free;
                 11.2.2    to receive the net proceeds of such sales as arise;
                 11.2.3    to defend the copyright in the Product.

    12.    Indemnity

    You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

    12.1.    any act, neglect or default of yours in connection with this agreement or with any Product of yours or with your use of our Services;
    12.2.    your breach of this agreement;
    12.3.    your failure to comply with any law;
    12.4.    any act, neglect or default by any agent, employee, licensee or customer of yours;
    12.5.    a contractual claim arising from your use of the Services

    This indemnity shall include all costs reasonably incurred by us without the need to prove they were necessary.

    13.    Restrictions on what you may Post to Our Website

    We invite you to contribute Content to Our Website in several ways, as for example to upload information and sales material to promote your products/services. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
    We do not undertake to moderate or check Content Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
    You agree that you will not use or allow anyone else to use Our Website to Post Content, upload Content or undertake any activity which is or may:

    13.1.    be unlawful, or tend to incite another person to commit a crime;
    13.2.    be obscene, offensive, threatening, violent, malicious or defamatory;
    13.3.    be sexually explicit or pornographic;
    13.4.    be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    13.5.    use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

    14.    Your Posting: restricted content

    In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
    In addition to the restrictions set out above, a Posting must not contain:

    14.1.    hyperlinks, other than those specifically authorized by us;
    14.2.    keywords or words repeated, which are irrelevant to the Content Posted.
    14.3.    the name, logo or trademark of any organisation other than yours.
    14.4.    inaccurate, false, or misleading information;
    14.5.    material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

    15.    Removal of offensive Content

    15.1.    We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
    15.2.    If you are offended by any Content, the following procedure applies:
                 15.2.1    Your claim or complaint must be submitted to us via the support system available on Our Website;
                 15.2.2    we shall remove the offending Content as soon as we are reasonably able;
                 15.2.3    after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
                 15.2.4    we are free to either re-instate your content, or not, as we decide.

    16.    Security of Our Website

    If you violate Our Website we shall take legal action against you.
    You now agree that you will not, and will not allow any other person to:

    16.1.    modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    16.2.    link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    16.3.    download any part of Our Website, without our express written consent;
    16.4.    collect or use any product listings, descriptions, or prices;
    16.5.    collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    16.6.     aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
    16.7.    hide or remove the banner advertisements on any page of Our Website;
    16.8.    share with a third party any login credentials to Our Website;
    16.9.    Despite the above terms, we now grant a licence to you to:
    16.9.1    create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may copy the text of any page for your personal use in connection with our business.

    17.    Copyright and other intellectual property rights

    17.1.    All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
    17.2.    For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

    18.    Disclaimers and limitation of liability

    18.1.    The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    18.2.    All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    18.3.    We make no representation or warranty that our Service will be:
                 18.3.1    useful to you;
                 18.3.2    of satisfactory quality;
                 18.3.3    fit for a particular purpose;
                 18.3.4    data-secure;
                 18.3.5    available or accessible, without interruption, or without error.
    18.4.    We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    18.5.    We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
    18.6.    We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
    18.7.    You acknowledge that our Service may also be interrupted for reasons beyond our control.
    18.8.    You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
    18.9.    You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
    18.10.    Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
    18.11.    Our total liability under this agreement, however it arises, shall not exceed the sum of £ 10,000. This applies whether your case is based on contract, tort or any other basis in law.
    18.12.    This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
    18.13.    If you become aware of any breach of any term of this agreement by any person, please tell us via the Support System available on Our Website. We welcome your input but do not guarantee to agree with your judgement.
    18.14.    Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

    19.    Miscellaneous matters

    19.1.    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    19.2.    The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    19.3.    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    19.4.    Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class recorded delivery.
            
            It shall be deemed to have been delivered:
            - if delivered by hand: on the day of delivery;
            - if sent by post to the correct address: within 72 hours of posting;

    19.5.    In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    19.6.    In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    19.7.    The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.