KODAK Design to Print Service

Last updated May 15, 2019.

These Terms of Use (“Terms of Use”) apply to the legal agreement between you and Smart International, Inc. and its affiliates (collectively, “Smart”, “we”, “us”, or “our”). These terms and conditions (collectively with Smart’s standard terms of use and privacy policy all of which may be amended from time to time, the “Design to Print Terms of Use”) govern your use of the Design to Print Services offered or facilitated by Smart (the “Design to Print Services”). By using the Design to Print Services you acknowledge you have read, understood, and agree to be bound by these Terms of Use.

 

Design to Print Services

The Design to Print Services are intended to assist you in optimizing your creations (modifying the original CAD design files in NX/SolidWorks//IGS/STEP formats, or directly editing the STL file in some cases) to be 3D printed in a KODAK 3D printer using KODAK 3D Filaments. By using the Design to Print Services you warrant that you have all rights and permissions required to submit, share and modify the design being submitted. By uploading a project and paying the amount specified you are accepting the offer it makes for Design to Print Services under the terms contained in the quote. The terms of the quote cannot be modified without express written agreement from Smart.

 

Deposit

The price offered to you as part of Design with Smart is based on one hour of design service for file review and quotation services. This serves as a non-refundable deposit for the Design to Print Services and is not guaranteed to be the total price for the Design to Print Services. Smart reserves the right to increase the total cost of the Design to Print Services at any time. Smart reserves the right to condition the Design to Print Services upon payment of additional fees. In the event that Smart required and received additional payment in order to engage in or complete the Design to Print Services, Smart may offer you the ability to cancel your order with a refund. If the Design to Print Services have already begun and you cancel your order, 1) Smart reserves the right to return said amount minus commission fee and working hours, and 2) Smart may elect to provide you with an in-progress version of the design file.

 

Information You Share

You are responsible to ensure that all information provided to us is accurate and complete. You acknowledge that Smart shall not be held responsible for errors that are the result of inaccurate or incomplete information. You also acknowledge that you and you alone are responsible for evaluating if a design provided by Smart is fit for any specific purpose or application.
By sharing any file and information with us you grant us permission to use that information to contact you in order to process your request and prepare your design. This permission may include sharing your information with third parties to facilitate the design. Any such sharing will be governed by the Smart Privacy Statement. You also grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license, and allow us to retain such license after any transfer of rights to you, to use that information and any designs or other works derived from that information to evaluate and improve the operation of the Design to Print Services. This includes the ability to use elements of your design to facilitate the creation of other designs, and to sublicense those elements to third parties. This license also includes the ability to evaluate and improve the operation of third party services that are incorporated into the Design to Print Services.

 

Rights in Design Files

Upon full payment and completion of the order, and with the exception of any rights, permissions, and licenses granted to us by you as part of the Design to Print Services and this Agreement, Smart assigns to you all ownership and rights in the design and design file. Unless otherwise agreed, Smart may use images of the provided Design to Print Service and/or printed object for marketing purposes.

 

No Warranty

You are responsible for verifying that any designs produced as part of the Design to Print Services are correct and fit for purpose. THE DESIGN TO PRINT SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE Design to Print ServiceS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE DESIGN TO PRINT SERVICES  IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE DESIGN TO PRINT SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE DESIGN TO PRINT SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

Smart does not guarantee that the Design to Print Services will be provided in a specified timeframe. Smart is not liable for any loss or damage from a delay in delivering Design to Print Services.

 

Cancellation

Once you have submitted payment you cannot cancel your order for Design to Print Services without the consent of Smart. If you fail to respond to questions or requests from Smart or Smart partners in a reasonable period of time as determined by Smart, Smart reserves the right to suspend or cease design work. In such cases Smart may, but is not required to, elect to provide you with any design files produced up to that point.

Smart may cancel this agreement at any time for any reason. If Smart elects to cancel this agreement at any time Smart will 1) return a prorated portion of the design fee determined by Smart and 2) if Smart determines it to be feasible, provide you with an in-progress version of the design files.