Trackside3D Personal License Agreement

Version 1.0.4, Monday September 2nd 2024

The latest version of this license can be found at:
https://trackside3d.co.uk/pages/personal-use-license

Please read the following Agreement that governs the use of 3D models purchased from Trackside3D. By downloading or using these digital files, you are agreeing to abide by the terms and conditions of this license agreement. Check that it contains everything you want and nothing that you are unwilling to agree to. 

1.0 Definitions

Agreement - This License Agreement.

 

Provider - The provider is IdeaPier LLC, an Ohio based Limited Liability Company that owns Trackside3D.

 

3D Object Data - STL file(s), G-Code file(s), or other 3D Object file(s).

 

Physical Object - A physical item that is produced or derived from the 3D Object Data.

 

Private Individual - A person who acts independently. This excludes any situation where the individual is acting in any capacity related to a business, organization, or group activity.

 

Buyer - The individual who purchases or downloads the 3D Object Data. This includes individuals downloading FREE content. 

 

Private Exhibition Layout - Is a modular or portable layout that is privately owned by a single individual and is displayed at public exhibitions, club and other events. The layout cannot be used directly or indirectly for any commercial benefit.

 

2.0 Eligibility

  1. By accepting the terms of this Agreement, the Buyer represents and warrants that they have the legal capacity and authority to enter into a binding contract with us.
  2. Please do not use any material or 3D Object Data if the Buyer is under the age of 18 years old and do not have the Buyer's parent or guardian’s consent, if the Buyer is under 16 or if Buyer has previously been suspended or prohibited from using the 3D Object Data.

  3. This license is granted exclusively to Private Individuals as defined in this Agreement. It is not available to businesses, organizations, or any other entities, regardless of their size or nature.

    Businesses, organizations, or other entities are expressly prohibited from purchasing or using 3D Object Data under this Personal License Agreement. If the Buyer represents a business or any other entity, the Buyer must obtain a commercial license (Trade Pass) through our subscription service.

 

3.0 License

The Provider grants the buyer a revokable, perpetual, non-exclusive, non-transferrable, non-sublicensable, worldwide license for personal use of the 3D Object Data. This license does not permit commercial use or distribution of any kind.


Personal use is defined as using the 3D Object Data to produce Physical Objects for individual Model Railway Layouts, Dioramas, or Private Exhibition Layouts.

 

If the Buyer breaches any terms or conditions of the Buyer's license set out in this Agreement, Buyer acknowledges and agrees that:

  1. The Provider may terminate the Buyer's subscription and the license granted to the Buyer under these Terms; and
  2. The Buyer indemnifies the Provider for any loss, damage, claim, expense or cost the Provider suffers or incurs as a result of the Buyer's breach.

3.1 Disclaimer

The Buyer acknowledges and agree that:

  • any information provided to the Buyer as part of or in connection with the 3D Object Models is general in nature, may not be suitable for the Buyer's circumstances and does not constitute financial, legal or any other kind of professional advice;
  • we make no warranties as to the suitability of the 3D Object Models or any resulting Physical Objects for the Buyer's use, and the Buyer is solely responsible for the material and production. Any weight limits or suggestions for materials and production are general and not professional advice, and the Buyer should use care when installing and using any 3D Object Models; and
  • it is the Buyer's responsibility to comply with applicable laws relevant to the Buyer's Use of the 3D Object Models (including but not limited to the Buyer's personal use, including industrial relations Laws and privacy laws)

 

3.2 Designs

  • We may from time to time, in our absolute discretion, release enhancements to the 3D Object Models, meaning an upgraded, improved, modified or new versions of the 3D Object Models (Enhancements). Any Enhancements to the 3D Object Models will not limit or otherwise affect these Terms.
  • We may change any features of the 3D Object Models at any time.
  • We may from time to time, in our absolute discretion, bundle 3D Object Models together (Bundles), make variations of the 3D Object Models available as different products or release FREE versions of the 3D Object Models (Samples). Any Bundles or Samples of the 3D Object Models will not limit or otherwise affect these Terms.

     

    3.3 Limitations

    To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement are excluded.

     

    The 3D Object Models are made available to the Buyer strictly on an ‘as is’ basis. Without limitation we do not guarantee that:

    1. the 3D Object Models will be free from errors or defects;
    2. the 3D Object Models will be accessible at all times; or
    3. any information provided with the 3D Object Models is accurate or true.

     

    3.4 Cancellation of the Buyer's License

    We reserve the right to terminate the Buyer's license granted under these Terms without notice to the Buyer if the Buyer has breached any part of these Terms.

     

    3.5 Grounds for Revocation

    The Provider reserves the right to revoke this license at any time without prior notice if the Buyer:

    • Breaches any term or condition of this Agreement.
    • Misuses the 3D Object Data, including but not limited to unauthorized distribution, sharing, or commercial use.
    • Fails to comply with any applicable laws or regulations related to the use, display, or distribution of the 3D Object Data or Physical Objects.
    • Engages in any activity that, in the Provider’s sole discretion, is deemed harmful to the Provider, Trackside3D, or its affiliates.

     

    4.0 Restrictions

    • The Buyer may not sell, redistribute, or share the 3D Object Data in any form.
    • The Buyer may not use the 3D Object Data for commercial purposes, advertising, or in any service where it's accessible to third parties.
    • Physical Objects made from the 3D Object Data are for personal use only and cannot be sold or used commercially
    • Reverse engineering, disassembling, or analyzing the 3D Object Data or Physical Objects for design extraction is prohibited.
    • Any online display of the Physical Objects must credit Trackside3D as the source and link back to Trackside 3D's website at https://trackside3d.co.uk


    4.1 Third-Party Printing Services


    The Buyer may use private third-party services to print the 3D Object Data, but they may not retain or use the data beyond the physical printing service the Buyer has purchased. Data must not be stored at a private third-party printing service for longer than 5 business days. The Buyer is responsible for any unauthorized use by them.

     

    4.2 Third-Party Compliance Recommendation:

    The Buyer is strongly advised as a best practice, to obtain written confirmation from any third-party printing services that they will comply with the data retention and deletion terms outlined in this Agreement. While not mandatory, this confirmation can help the Buyer ensure that the 3D Object Data is handled in accordance with the terms of this license and can assist in enforcing the Buyer’s responsibility for any unauthorized use.

     

    5.0 LIABILITY AND INDEMNITY

    5.1 Indemnification

    The buyer agrees to indemnify, defend, and hold harmless the Provider, Trackside3D, its affiliates, and its employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

    • Any breach of this license agreement by the buyer.
    • The buyer’s use, distribution, or display of the 3D Object Data or Physical Objects in violation of this agreement.
    • Any third-party claims related to the buyer’s use of the 3D Object Data or Physical Objects.
    • Any misuse, unauthorized retention, or distribution of the 3D Object Data by third-party services engaged by the buyer, including but not limited to 3D printing services or digital storage providers.

     

    5.2 Liability

    • The Provider, Trackside3D shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to the use or inability to use the 3D Object Data or Physical Objects, even if Trackside3D has been advised of the possibility of such damages.
    • The Provider, Trackside3D shall not be liable for any damages resulting from the use of the 3D Object Models with any third party software tools including but not limited to slicing software for 3D Printing; to the extent that those tools are beyond the control of Trackside3D;
    • The Provider's, Trackside3D’s total liability under this agreement shall not exceed the amount paid by the buyer for the 3D Object Data.

     

    5.3  Assumption of Risk

    The buyer acknowledges and agrees that the use of the 3D Object Data and Physical Objects is at their own risk. Trackside3D provides the 3D Object Data "as is" without any warranties or guarantees.

     

    The Provider, Trackside3D, shall not be liable for any physical injuries, property damage, or other consequences resulting from the improper or unintended use of the Physical Objects produced from the 3D Object Data. "Improper or unintended use" includes, but is not limited to, failure to follow suggested guidelines or instructions, or any modifications made to the 3D Object Data or Physical Objects beyond those intended by the Provider.

     


    6.0 Ownership & Warranty

    • All rights to the 3D Object Data remain exclusively with the Provider.
    • The 3D Object Data is provided "as is" without any warranties. The Provider is not liable for damages arising from its use.
    • The Buyer is responsible for unauthorized distribution due to theft, breaches, or mishandling. The Buyer must report any unauthorized distribution due to theft, breaches, or mishandling to Trackside3D within 72 hours of any incident.

     

    7.0 Governing Law and Jurisdiction

    These Terms are governed by the law applying in Athens County, Ohio, United States of America. Each party irrevocably submits to the exclusive jurisdiction of the courts of Athens County, Ohio and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

     

    7.1 Waiver

    No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    Example: If Trackside3D does not immediately enforce a term of this Agreement after the Buyer breaches it, this does not mean Trackside3D waives its right to enforce that term later or any other term in the future.

    7.2 Further Acts and Documents

    Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.

    7.3 Assignment

    The Buyer can’t assign, novate or otherwise transfer the Buyer's rights or obligations under this agreement without the Provider’s prior consent.

    7.4 Assignment by the Provider:

    The Provider, Trackside3D, reserves the right to assign, transfer, or delegate its rights and obligations under this Agreement to another entity at any time, without prior notice to the Buyer, provided that the assignee agrees to be bound by the terms of this Agreement.

    In the event of such an assignment, transfer, or delegation, the Buyer’s rights and obligations under this Agreement shall remain unchanged, and the Buyer agrees to continue to comply with the terms of this Agreement as if the assignee were the original Provider.

     

    8.0 Trademarks

    No permission is granted to use any of the Provider's trademarks. The prohibition extends to any derivative works, adaptations, or other uses of the trademarks, whether or not they are directly related to the 3D Object Data.

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    For inquiries or commercial licensing of the physical object, please refer to:
    https://trackside3d.co.uk/pages/trade-pass

    Contact:
    Email: help@trackside3d.co.uk
    UK Phone: 020 3026 2324
    US Phone: +1-859-667-2450
    Address: IdeaPier LLC, 4820 Fisher Road, Athens, OH 45701, USA