3DSellers Subscription Agreement
Last Updated: 2014-01-02
Please read carefully the full agreement prior to using or subscribing to each and all of 3DSellers Applications (collectively, the “Applications”).
3DSellers agrees to license the use the Applications only after you’ve read and accepted the terms and conditions in the Agreement.
The agreement has the same legal standing as a written agreement. If you do not agree to the terms and conditions listed in this agreement, you are not authorized to use the Applications.
1.1 Subject to the terms and conditions of this Agreement 3DSellers agrees to provide you, on a SaaS (software as a service) basis, the Applications in exchange for subscription fees (the “Subscription Fees”) as agreed to by you and 3DSellers or 3DSellers third party service providers.
1.3 3DSellers reserves the right to cancel or update each and all of the Applications for any reason at any time without notice.
1.4 You must be at least 13 years old to use our Applications.
1.5 By entering this agreement on behalf of a company or other legal entity, you confirm that you have the legal right to bind a company or legal entity to this Agreement.
1.6 By completing your subscription to our Applications, you will become a subscribed 3DSellers user (the “User”). Once you completed your subscription you will be able to access the Applications through (i) one of 3DSellers Websites, or (ii) through eBay’s app management area. You are required to pay Subscription Fees even if you did not activate your account.
1.7 As a condition of your use of the Applications you agree not to use any of the applications for a purpose that is unlawful or prohibited by the following terms and conditions.
1.8 All upgrades done of Applications are part of the Applications and are subject to the terms and condition in the Agreement.
2. License, User Rights (the “Rights”) & Restrictions of Use
2.1 The Applications are hereby licensed to you on a limited, exclusive, non-sublicensable basis on the terms and conditions set forth herein.
2.2 This agreement defines the legal use of the Applications. All Rights not expressly granted to you are reserved by 3DSellers.
2.3 Use of the Applications is on a SaaS (software as a service) basis. The Applications and any content provided by 3DSellers is protected by copyright law. Your Rights for using the Applications are specified in this Agreement. Any other use is prohibited, including but not limited to: (i) reproduction or creation of any derivative works of the Applications (ii) duplication of the Applications (iii) modification, disassembly or reverse engineering of the Applications (iiii) attempt to derive the source code, an underlying idea, algorithms of the Applications (v) remove or alter any logo, copyright, or other proprietary notices (vi) incorporate any part of the Applications into any other application, software or program (vii) use of our Applications in a way that will violate this Agreement or any law (viii) use of the Applications in a way that violates the rights of a third party (iv) resell, lease, sublicense or attempt to transfer the Rights to the Applications.
2.4 Your license to the Applications continues until it is terminated by either party. You may terminate your license granted hereunder by cancelling your subscription for the Applications.
2.5 In case of cancellation by either party, you will not be entitled to a refund of any prepaid subscription fees, except under the conditions provided in the section 4.
2.6 The application license granted hereunder terminates automatically if you violate any term of this Agreement.
2.7 If your license terminates, you agree to cease any and all use of the Applications.
3.1 3DSellers will charge, and you will pay, Subscription Fees in advance on a month-by-month basis on an assigned billing cycle for each Service Month (the “Service Month”). Your registration date (the”Registration Date”) determines the start date of your Service Month. In case of a 7 day free trial the Service Month will begin 7 days after the Registration Date. Your account will be billed once each calendar month for your current or upcoming Service Month at the contracted rate.
3.2 3DSellers reserves the right to change the Subscription Fees for the Applications at any time. Changes to Subscription Fees will become effective 30 days after the changes have been made in eBay’s app center.
3.3 Following the expiration of your trial period, you will automatically be charged Subscription Fees unless you cancel your subscription to the Applications prior to the expiration of the trial period.
3.4 Payment is done through PayPal using a pre-approved payment agreement. You agree that your PayPal account, or your default automatic payment method, will have sufficient funds on the assigned monthly date. 3DSellers requires no additional notice or consent to charge your account for your Subscription Fees.
3.5 In case of expiration of your PayPal pre-approved payment agreement you agree that you will renew your payment agreement within 30 days after the agreement’s expiration date.
3.6 Subscription Fees are paid in US dollars. Conversions to US dollars will be based on PayPal’s conversion rate.
3.7 Subscription Fees will be charged by 3DSellers, and you will pay, at a monthly cycle until you cancel your subscription to the Applications. Cancellation of the subscription to the Applications has to be done according to the terms and conditions in section 4.
3.8 In case of unpaid Subscription Fees 3DSellers reserves the right to charge your account for the total of your unpaid fees.
4.1 You may cancel your subscription to the Applications at any time. The Subscription Fees are billed on a monthly cycle and are cancelable only as so.
4.2 You agree that you will accept the full responsibility for successfully canceling your subscription. If you need assistance in cancelling your subscription please deliver a formal request to 3DSellers at: firstname.lastname@example.org. You agree to provide 3DSellers with 2 days advance notice to attend to your request.
4.3 If we are unable to process a payment for your subscription, 3DSellers reserves the right to terminate this license and cancel your subscription for non-payment.
4.4 If you are unable to cancel your account due to eBay account suspension it is your responsibility to notify 3DSellers up to 30 days after the suspension of your eBay account.
5. Refund Policy
5.1 Except as provided in this policy, all Subscription Fees are final and 3DSellers will offer no refunds.
5.2 You agree that in case of cancellation prior to the end of the Service Month you will not be entitled to, nor will you demand, a full or partial refund for the Subscription Fees of the Service Month. You may continue to use the Applications you have subscribed for until the expiry of the Service Month.
5.3 In case of cancellation prior to the end of the Service Month 3DSellers may offer you, at its sole discretion, a one month subscription to one of the other applications offered by the company.
5.4 In case of eBay account suspension you will be entitled to a refund for the Subscription Fees you have paid since eBay’s suspension of your account.
6. Availability of Services
6.1 3DSellers will provide you with customer support (the “Support”) provided that 3DSellers, in its sole discretion, may terminate such Support at any time without notice to you. 3DSellers may change, suspend, or discontinue any aspect of the Applications at any time. 3DSellers may also impose limits on certain features and services or restrict your access to parts or all of the Applications or the Websites without notice or liability.
6.2 3DSellers will use commercially reasonable efforts to make the Applications available at all times. 3DSellers does not guarantee that the Applications will always be available.
7. Use of Sites
Any information on 3DSellers.com site, or any of the Websites owned by 3DSellers, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by 3DSellers. 3DSellers maintains the right to refuse service, terminate accounts, and/or cancel subscriptions in its discretion, including, without limitation, if 3DSellers believes that a subscriber’s conduct is unlawful or is harmful to the interests of 3DSellers.
8. Copyright Infringement
3DSellers fully respects the intellectual property of others and follows all guidelines provided by US copyright law. If you came across a case of copyright infringement please report the infringement by e-mail to: email@example.com. Your report should include:
(i) Detailed description of the copyrighted work that you claim to have been infringed upon.
(ii) Detailed description of regarding the placement of the copyright work.
(iii) Your contact information.
(iv) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(v) A statement by you, made under penalty of perjury, that your statement is accurate and that you are: (a) the copyright owner or (b) authorized to act on the copyright owner’s behalf.
(vi) Your electronic or physical signature.
9. DISCLAIMER OF WARRANTY.
3DSELLERS PROVIDE THE APPLICATIONS AS IS AND WITH ALL FAULTS. WE DO NOT WARRANT THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU.
3DSELLERS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. 3DSELLERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATIONS. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATIONS FROM 3DSELLERS.
YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 3DSELLERS OR ANY CORPORATE PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, 3DSELLERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, MOBILE PHONE OR OTHER WIRELESS DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, OUR ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE SUBSCRIPTION FEES YOU PAID FOR OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT OUR SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 3DSELLERS IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE APPLICATIONS AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
11. Links to Third Party Sites
3DSellers Websites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of 3DSellers and 3DSellers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
You agree to defend, indemnify and hold harmless 3DSellers, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attornys fees) arising from: (i) your use of and access to 3DSellers Websites and/or Applications; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party.
13. No Waiver
The failure of 3DSellers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.
14. Entire Agreement
15. General Terms
(i) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(ii) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement.
(iii) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
(iv) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(vi) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you.
(vii) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
(ix) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
If you have any questions regarding the Subscription Agreement you may contact us at:firstname.lastname@example.org.