Fabpackage.com Terms and Conditions
Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site fabpackage.com. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your use of the Site.
Disclaimer. THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. FABPACKAGE.COM IS NOT AN ENGINEERING FIRM. BOTH THE BUYER AND SUPPLIER ARE RESPONSIBLE FOR ENSURING THAT THE DESIGN OF THE PRODUCT(S) PURCHASED FROM THE SITE MEET THE REQUIREMENTS OF THE INTENDED APPLICATION. THIS INCLUDES PRODUCT GEOMETRY, SIZE, FIT, TOLERANCING, LOADING REQUIREMENTS, REGULATION REQUIREMENTS, AND OTHERWISE.
Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of the site.
Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
Third-Party Products and Services. We advertise third-party linked websites and suppliers from which you may purchase or otherwise obtain certain goods, offerings or services. You understand that we do not operate or control the products, offerings or services offered by third-party linked websites or suppliers. Third-party linked websites and/or suppliers are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites or suppliers. You agree that use of such third-party linked websites or suppliers is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or suppliers or for any information appearing on third-party linked websites or suppliers or any other information linked to or from our site.
(Private) Submissions. All private suggestions, ideas, notes, models, concepts and other information you may send to us (collectively, “Private Submissions”) shall be deemed the sole property of you (the submitter). It is the sole responsibility of the submitter to protect these private submissions. You (the submitter) agree to protect your private submissions by, at minimum, using a STRONG PASSWORD which is changed at least once every three months. You (the submitter) agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to loss or stolen data. A STRONG PASSWORD is a password consisting of at least 8 characters, does not contain any name, username, company name, or english word, is significantly different from previous passwords, and contains ALL of the following characters: lowercase letters, uppercase letters, numbers, and symbols (i.e. keyboard characters not defined as letters or numerals).
(Public) Submissions. All non-private (public) suggestions, ideas, notes, models, concepts, design submissions, and other information you may send to us (collectively, “Public Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose.
Contributors. All users that submit content to our site in any form (files, models, images, designs, suggestions, ideas, notes, etc.), for the purpose of contributing or adding products to our site (collectively "Contributors") shall be subject to the following terms and conditions. All contributions or submissions shall be considered Public Submissions and are subject to the terms previously described, with the exception that some contributions may earn bonuses or revenue share. Revenue share payments are calculated as a percentage of the sale price of the contributed content and only apply to digital items sold through the store. Digital items include CAD data, Documents, and other content included in the FAB PACKAGES originating from the submitted contribution. Physical products (those that are fabricated by fabpackage.com or one of our suppliers) are not subject to revenue payouts. Royalty payments are issued quarterly for all balances above $25.00. Royalty payments are sent to either the paypal email address or physical address supplied by the contributor. We are not responsible for payments not being received if the contributor supplied an incorrect address. Contributors only earn revenue share for their own submissions. Rates are determined by individual agreements between fabpackage.com and its Contributors. To earn a specific rate, Contributors must meet the described standards for quality and content of their submissions. Content or designs being submitted will be reviewed by our staff and the revenue share rate will be determined during this review. Opportunities to improve content in order to increase royalty rates are generally given to the Contributors. If the quality standards for the submission are not achieved, we reserve the right to perform the remaining steps internally using our own resources, and also, we may adjust the rate depending on the amount or work that needs to be done. We reserve the right to request variations on submitted content from Contributors for the purposes of adding additional content to our store, if the Contributor is unresponsive, unable, or unwilling to create the variation, we reserve the right to create the variation and post the content ourselves. For such variations that we create ourselves, we reserve the right to set revenue share rates at our sole discretion. Contributors earning revenue share on submissions may continue to earn for as long as their Contributor membership remains active. Memberships may be revoked for illegal behavior or any inappropriate conduct. Contributors ARE allowed to promote their own products through appropriate advertising channels. Emailing, Cold Calls, Excessive posts to 3rd party websites or forums, or any other Spamming technique is strictly prohibited. We value our public image. If Contributors promote in any method deemed inappropriate or in violation of any laws or any other business's terms and conditions, we reserve the right to revoke that Contributor's membership.
Intellectual Property (IP) Rights
By submitting or uploading any Designs, Images, Documents, Text, or other Files (collectively Content) as a Contributor, Designer, Supplier, or other Service Provider, you hereby waive any and all exclusive rights to such content and you hereby assign, sell, and transfer all intellectual property rights including but not limited to patents, patent applications, trademarks, trade secrets, and copyrights to Fabpackage.com. By submitting or uploading any Content to Fabpackage.com you hereby swear and affirm that the submitted Content is original and does not intrude or infringe on any outside or existing intellectual property rights which are not owned by yourself. Additionally, by submitting or uploading Content to Fabpackage.com, you hereby agree that in the event of an infringement case or any type of intellectual property case or lawsuit brought against Fabpackage.com due to Content that you submitted, the responsibility for the infringement is your own and not the fault Fabpackage.com, any resulting fines, fees, or other financial damages will be incurred by yourself and not Fabpackage.com. You agree to pay any and all financial damages incurred by Fabpackage.com if they occur due to Content that you submitted or uploaded.
General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any products, offers, or services obtained by you through such use, shall be litigated in Massachusetts, USA. you are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Massachusetts is an inconvenient forum or an improper forum based on lack of venue. The laws of Massachusetts will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.