Terms and Conditions
AGREEMENT BETWEEN USER AND Airwolf3D, Inc.
Welcome to WaterTight.com. The WaterTight.com website (the "Site") is comprised of various web pages operated by Airwolf3D, Inc. ("WaterTight"). WaterTight.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of WaterTight.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
WaterTight.com is an Online Marketplace. WaterTight provides a marketplace in which designers of 3D printable designs can upload, price, and sell those designs to consumers. In addition, we allow customers to access live bids from multiple online print-houses, letting them price (and purchase) straight from WaterTight without having to go to each site individually.
Visiting WaterTight.com or sending emails to WaterTight constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WaterTight is not responsible for third party access to your account that results from theft or misappropriation of your account. WaterTight and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
WaterTight does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use WaterTight.com only with permission of a parent or guardian.
For purchased designs, customers can request a refund within 14 days of purchase. This should be done through the Contact form on WaterTight.com. Requests after 14 days cannot be considered, as the designer will have already been paid for the design. Refunds will be given if the design is found to be flawed or otherwise unprintable. For designers: All payments will be held for 14-30 days after the purchase. This is to give the customer time to request refunds. After this holding period, the percentage of the sale allotted to the designer will be released. Designers should review and fill out the 'Payments' page of their account to set up when and where this money goes.
Links to third party sites/Third party services
WaterTight.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WaterTight and WaterTight 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. WaterTight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WaterTight of the site or any association with its operators.
Certain services made available via WaterTight.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the WaterTight.com domain, you hereby acknowledge and consent that WaterTight may share such information and data with any third party with whom WaterTight has a contractual relationship to provide the requested product, service or functionality on behalf of WaterTight.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as design files, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WaterTight or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Your account may be removed and you banned from WaterTight if you:
Publish designs relating to fireable guns (models and fantasy weapons are allowed), dangerous designs, offensive designs, or overly sexually explicit material such as sexual toys.
YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT, IN WHOLE OR IN PART, FOUND ON THE SITE. WaterTight CONTENT IS NOT FOR RESALE. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. Design licenses can be acquired at three levels:No license level grants ownership of the design. No license level implies exclusive use of the design.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WaterTight and the copyright owner. You absolutely cannot sell or distribute the content or prints of the content. This license only grants you the ability to make 100 physical prints from the design. If you wish to make more prints, you must purchase additional licenses. You agree that you do not acquire any ownership rights in any protected content, only a personal license. We do not grant you any licenses, express or implied, to the intellectual property of WaterTight or our licensors except as expressly authorized by these Terms.
Acceptable examples of use: Printing physical objects to be used around the home, car, or office.
Unacceptable examples of use: Printing over 100 copies of a design. Printing items to be given away such as a giveaway at a trade show, promotional items, etc. Selling any of the prints. Owners of a Personal Level license cannot sell or distribute prints.
You will use protected content solely for your business or personal use (not for commercial use), and will make no other use of the content without the express written permission of WaterTight and the copyright owner. YOU ABSOLUTELY CANNOT SELL THE CONTENT OR PRINTS OF THE CONTENT, HOWEVER, YOU CAN DISTRIBUTE PHYSICAL PRINTS AS LONG AS YOU ARE NOT BEING PAID IN ANY WAY FOR THE ITEM(S). THIS LICENSE ONLY GRANTS YOU THE ABILITY TO MAKE 1000 PHYSICAL PRINTS FROM THE DESIGN. IF YOU WISH TO MAKE MORE PRINTS, YOU MUST PURCHASE ADDITIONAL LICENSES. You agree that you do not acquire any ownership rights in any protected content, only a business level license. We do not grant you any licenses, express or implied, to the intellectual property of WaterTight or our licensors except as expressly authorized by these Terms.
Acceptable examples of use: Handing out 3D printed pens at a trade show, handing out 3D printed business cards, putting 3D printed toys in grab bags to be given away at a function. These are acceptable because the owner of the Business Level license did not accept payment when distributing the prints.
Unacceptable examples of use: Making more than 1000 prints. Selling 3D printed pens, selling 3D printed toys, etc. Owners of a Business Level license cannot sell the prints.
You will use protected content solely for your commercial, business, or personal use, and will make no other use of the content without the express written permission of WaterTight and the copyright owner. YOU ABSOLUTELY CANNOT SELL THE CONTENT ITSELF (THE DESIGN), HOWEVER, YOU CAN DISTRIBUTE AND SELL PHYSICAL PRINTS OF THE DESIGN, AT ANY PRICE YOU SEE FIT. THIS LICENSE ONLY GRANTS YOU THE ABILITY TO MAKE 2500 PHYSICAL PRINTS FROM THE DESIGN. IF YOU WISH TO MAKE MORE PRINTS, YOU MUST PURCHASE ADDITIONAL LICENSES. You agree that you do not acquire any ownership rights in any protected content, only a commercial level license. We do not grant you any licenses, express or implied, to the intellectual property of WaterTight or our licensors except as expressly authorized by these Terms.
Acceptable examples of use: Selling 3D printed pens, selling 3D printed toys, etc. Owners of a Commercial Level license can sell and distribute printed copies of the design.
Unacceptable examples of use: Printing more than 2500 copies of the design. Selling or distributing the design itself (the file). Claiming they created the design or that they own the design.
Use of communication services
The Site may contain bulletin board services, blogs, blog comment areas, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
WaterTight has no obligation to monitor the Communication Services. However, WaterTight reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WaterTight reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
WaterTight reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WaterTight's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WaterTight does not control or endorse the content, messages or information found in any Communication Service and, therefore, WaterTight specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WaterTight spokespersons, and their views do not necessarily reflect those of WaterTight.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to WaterTight.com or posted on any WaterTight web page
WaterTight does not claim ownership of the materials you provide to WaterTight.com (including feedback and suggestions) or post, upload, input or submit to any WaterTight Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WaterTight, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Submission does not grant compensation, a successful sale of a design would grant compensation as outlined in this terms of service. WaterTight is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WaterTight's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, sell, distribute, input or submit the Submissions.
Third Party Accounts
You will be able to connect your WaterTight account to third party accounts. By connecting your WaterTight account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by WaterTight from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WaterTight Content accessed through WaterTight.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless WaterTight, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WaterTight reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WaterTight in asserting any available defenses.
You agree to indemnify, defend and hold harmless WaterTight, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any injury coming from the 3D printed designs on WaterTight.com, or from using a 3D printer in general. WaterTight is a marketplace that allows the free exchange of 3D printable designs and is not responsible for identifying the safety of each and every design uploaded to the site. Designs could have sharp edges, pieces that could break off, fire hazards, choking hazards for children, etc. You agree to take full responsibility for any physical harm that may come from the use of any designs on WaterTight.com
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WATERTIGHT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WATERTIGHT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WATERTIGHT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WaterTight reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WaterTight as a result of this agreement or use of the Site. WaterTight's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WaterTight's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WaterTight with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WaterTight with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WaterTight with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
WaterTight reserves the right, in its sole discretion, to change the Terms under which WaterTight.com is offered. The most current version of the Terms will supersede all previous versions. WaterTight encourages you to periodically review the Terms to stay informed of our updates.
Contact UsWaterTight welcomes your questions or comments regarding the Terms:
130 McCormick, Suite 105
Costa Mesa, CA 92626
+1 (949) 478-2933
Effective as of January 1, 2015