Effective Date: 29th February 2016
1. What information we collect from and about you on the 3Doodler Site, how the information is used and with whom it may be shared.
2. What choices are available to you regarding your information.
3. How we safeguard your information.
Notice to California Residents – Your California Privacy Rights
Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed their personal information to a third party in the prior calendar year for that third party’s direct marketing use (i.e., not for use in the business’s own marketing).
Do Not Track (DNT) Disclosure: Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that can signal to websites that a user does not want to have his/her online activity and behavior tracked. If a website responds to a web browser’s DNT signal, the browser can block that website from collecting certain information about a user. Because the technological standards for DNT signals are not yet uniform, presently responding to DNT signals is optional for websites and many websites do not respond to DNT signals. The 3Doodler Site does not currently respond to DNT signals of web browsers. However, should the industry establish uniform technological standards for recognizing and implementing DNT signals, we would be open to following such industry standards.
What Information We Collect
- Personally Identifiable Information (“PII”): This is information that identifies an individual user personally, such as name, email address, phone number, mailing/shipping address, billing address, and payment account information. We do not collect PII from you unless you voluntarily provide it to us or allow us to receive it from a third-party source. We ask for and collect your PII when you engage in an identification activity on the 3Doodler Site, such as creating an account, placing an order, submitting a request or inquiry to us, subscribing to our emailing list, etc. (each, an “Identification Activity”). An Identification Activity also includes linking your account on a third-party social media site (e.g., Facebook, Twitter, LinkedIn, etc.) with your account on the 3Doodler Site (if such linkage is supported by our site). For example, we may support single sign-on that allows you to log into your account on the 3Doodler Site using your account on a third-party social media site, and if you use such feature we may automatically receive your information (such as your name and profile photo) from your account on that social media site.Whether or not to disclose PII is completely your choice. However, without providing PII you will not be able to engage in or complete an Identification Activity. You must be at least 18 years of age to engage in an Identification Activity on the 3Doodler Site.
What We Do With the Information
The following describes how we use and share our user information (including PII) collected on the 3Doodler Site:
- To provide, operate, manage, maintain and improve the 3Doodler Site: This includes using PII to enable, administer and manage our users’ Identification Activities. For example, when you place an order on the 3Doodler Site, we and our e-commerce service provider will use your information to process, fulfill and ship your order.
- To share with third parties for targeted and interest-based advertising purposes: We use the services and tools provided by third parties including Google, AdRoll and Facebook (collectively “Advertising Partners”), to advertise our 3Doodler products on third-party websites and mobile apps, and we may share our user information (including PII) with Advertising Partners so that they can target our 3Doodler ads to the relevant audiences. For example, Google may show our ads on YouTube to users based on their prior visits to the 3Doodler Site. As another example, we may share our user email lists with Advertising Partners for purposes of matching our users with their users and creating targeted audiences for our 3Doodler ads. So, if a user who has joined our emailing list is also a user of Facebook, that user may see our ads when visiting Facebook. These Advertising Partners only use email lists we provide to assist with our advertising campaigns, and do not use such lists for targeting ads for any other advertiser.
- To share with our promotion partners: From time to time we may partner with third parties to conduct joint marketing or promotions (such as sweepstakes, contests, giveaways, etc.) (“Joint Promotions”). If you participate in such a Joint Promotion, your information (including PII) will be collected by both WobbleWorks and our third-party promotion partner who may use your information to contact you directly to market and promote its own products or services.
- To share with others as directed by users: The 3Doodler Site may include social media functionalities that allow you to interact and communicate with other users. If you choose to use such functionalities to share your personal information with other users, your information will be made available to others as directed by you.
- To share with our service providers: We use third-party service providers (“Service Providers”) to provide services and support for the operation, maintenance and security of the 3Doodler Site, and they may need to access our user information (including PII) in order to perform tasks for us. For example, we use E-Services Group (ESG), a third-party e-commerce service provider, to process, fulfill and ship purchase orders received on the 3Doodler Site, and we also use Stripe, a third-party electronic payment processing service provider, to collect and process credit card/debit card payments from customers in connection with pre-orders. We require that our Service Providers limit their use of our users’ PII solely to providing services to WobbleWorks and that they safeguard our user information and not make unauthorized use or disclosure of the information.
Cookies and Similar Technologies
- Web beacons: The 3Doodler Site may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may also include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
- Facebook tracking pixel: We use Facebook’s remarketing tools for targeted advertising on Facebook. To do this, we use Facebook-provided tracking pixel on the 3Doodler Site so that Facebook can show our ads to users based on their prior visits to our site.Facebook offers different ways for users to opt out of receiving targeted ads on Facebook based on their prior visits to other websites, including: (i) opting out in the Facebook ad settings; (ii) using the Digital Advertising Alliance (DAA) opt-out tool located at http://www.aboutads.info/choices/; and (iii) using the opt-out tool associated with an ad you see on Facebook (click on the “X” icon in the top-right corner of the ad, select “Why I am seeing this” and on the pop-up window you have the option to block all further ads from a particular advertiser). For more information on how to manage and control ads you see on Facebook, please visit https://www.facebook.com/about/ads/.
Information Access; Data Retention
- Information Access: If you have provided PII to us on the 3Doodler Site and you wish to view or update your information in our database, please email us at email@example.com.
- Account Cancellation: You may request to cancel your account on the 3Doodler Site by emailing us at firstname.lastname@example.org, provided that there is no pending transaction, claim or dispute between you and us.
- Data Retention: You may request to delete your PII from our database by emailing us at email@example.com. However, you acknowledge and agree that we reserve the right to retain your PII for as long as we deem reasonably necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), to complete a transaction you have made with us, to resolve a claim or dispute between you and us, and/or to enforce an applicable agreement between you and us. Because of its non-personally-identifiable nature, AAI may be retained indefinitely.
- Choice Regarding Marketing Emails from Us: You have the choice to stop receiving further marketing emails from us. To exercise such choice, please email your request to us at firstname.lastname@example.org. Alternatively, you may also use the “unsubscribe” link provided in a marketing email you previously received from us.
https://www.google.com/settings/ads/plugin.For information on how to opt out of receiving targeted ads served by AdRoll, please visit:
www.adroll.com (using the “Adjust Ad Preferences” link located at the bottom of the home page)
http://www.youronlinechoices.com/ (for users located in Europe)For information on how to opt out of receiving targeted ads on Facebook, please visit:
- Choice Regarding Mobile Messaging: From time to time we may offer mobile messaging programs to our customers. If you participate in one of such programs, you may cancel and terminate your participation in such program at any time by replying STOP to a mobile message you have received, or by texting STOP to the short code used for the messaging program from which you wish to opt out (if you have enrolled in multiple messaging programs on the same short code and wish to opt out from all those programs, text STOP ALL to the short code).
We use commercially reasonable measures to safeguard the security of the 3Doodler Site and our customers’ information, including limiting access to our customers’ information to only those of our employees, agents, contractors and service providers who need to access such information in order to perform tasks for us, and we require that they not make any unauthorized use or disclosure of the information.
Also, in an effort to provide our customers with a secure shopping environment, we have taken the following steps:
- We have contracted with E-Services Group (ESG), a third-party e-commerce service provider, to host, maintain and support our e-commerce operations for online purchases made on the 3Doodler Site, including order checkout, order processing, payment processing (handled through PayPal), order tracking, order fulfillment and shipment, and after-sale customer service (e.g., returns and exchanges and warranty claims). For more information about ESG and what it does with your information, please visit:
- From time to time, we allow customers to submit pre-orders on the 3Doodler Site in connection with an upcoming new product launch, and we use Stripe, a third-party electronic payment processing service provider, to collect and process credit card/debit card payments from customers in connection with pre-orders. For more information about Stripe and what it does with your information, please visit:
- For security reasons, the 3Doodler Site does not store, process, or transmit customers’ credit card or debit card information.Despite these efforts, no method of electronic transmission or storage is 100% secure and, therefore, we and our service providers cannot guarantee the absolute security of our customers’ PII. We will endeavor to notify our customers if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of the 3Doodler Site that affects our customers’ PII. However, you understand and acknowledge that we are not liable for any breach of security resulting from causes or events that are beyond our control, including, without limitation, the conduct or negligence of a third-party service provider, a customer’s own conduct or negligence, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. By providing your email address to us, you acknowledge and agree that we may notify you via email regarding an actual or suspected security breach.
The 3Doodler Site is a general audience website and is not directed to children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If we become aware that a user from whom we have collected personal information is a child under the age of 13, we will make every effort to promptly delete that user’s information from our database. We urge parents and guardians to participate in and supervise the online activities of their children.
For privacy related questions or requests, please contact us at email@example.com.
Terms of Service
WobbleWorks, Inc. (referred to as “3Doodler”) provides the website and related content located at the3Doodler.com (“Site”), and WobbleWorks (HK) Limited markets the 3Doodler pen, as well as 3Doodler plastics and accessories (“Products”) for the purposes of sale and fulfillment by EServices Group Limited. The term “Services” means the Site and its content. These Terms of Service (“Terms”) govern your access to and use of the Services.
BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT OR AGREE TO THESE TERMS IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
1. Overview, Eligibility, Customer Service, Term and Termination
(b) Eligibility. You may use the Services only if you can form a binding contract with 3Doodler, and only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms. If you have not reached the age of majority in your jurisdiction of residence you may use the Services only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Services are not available to any users previously removed from the Services by 3Doodler.
(c) Customer Service. If you have any questions or concerns regarding our Product, the Services, or these Terms, please contact us through the Site at the3doodler.com/contact.
(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to use or access the Services, or until terminated in accordance with the provisions of these Terms. At any time 3Doodler may (i) suspend your rights to use the Services or (ii) terminate these Terms, if 3Doodler in good faith believes that you have used the Services in violation of these Terms. You may not transfer your right to use the Services to any other person. The limited warranty for your Product is personal to the purchaser of the Product and not transferable to any other person.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
To use the Services, you must register for an account with 3Doodler (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without permission. 3Doodler encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You agree to immediately notify 3Doodler of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. 3Doodler is not liable for any loss or damage arising from your failure to comply with the above requirements.
3. Access to Services
(a) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; and (vii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(c) Security. 3Doodler cares about the integrity and security of your personal information. However, 3Doodler cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(d) Modification. 3Doodler reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that 3Doodler will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product and the Services (i.e. the Site) are owned by 3Doodler or our licensors. The provision of the Product and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. 3Doodler and its licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may choose to, or 3Doodler may invite you to submit feedback, comments, suggestions, or ideas about the Services, including how to improve the Services or 3Doodler products (“Ideas”). You hereby grant 3Doodler and its affiliates a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit all such Ideas without restriction. Furthermore, you agree that the submission of your Ideas is voluntary, gratuitous, unsolicited, and without restriction and will not place 3Doodler under any fiduciary or other obligation, and that 3Doodler is free to use such Ideas without any additional compensation to you and to disclose such Ideas. You also agree that 3Doodler does not waive any rights to use similar or related ideas previously known to 3Doodler, developed by its employees, or obtained from other sources.
You agree that any assets, whether graphic or otherwise, including but not limited to photos, videos, stencils, templates or projects ("Materials"), submitted to 3Doodler for the purpose of general consideration, use on the3Doodler.com, or on any of 3Doodler's social channels, shall result in a grant to Sponsor of a non-exclusive, perpetual, worldwide, and unlimited right to use and publish any part of your Materials in photographs, still images, graphic and web design work, videos, and other recordings or creations for marketing, advertising, promotional, and other business purposes of Sponsor, including, without limitation in printed publications, on websites, on social media, and for training purposes.
You agree to indemnify and hold 3Doodler and its licensors and suppliers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your violation of these Terms. 3Doodler reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 3Doodler and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without 3Doodler’s prior written consent. 3Doodler will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Parties
(a) Third Party Sites. The Site may contain links to other web sites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. 3Doodler provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites.
(d) Release Regarding Third Parties. 3Doodler is not responsible for third parties, including Third Party Sites, ISPs, and Carriers. You hereby release 3Doodler and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Warranty Disclaimers
(a) THE WARRANTY FOR THE PRODUCT IS SET FORTH IN THE LIMITED WARRANTY.
(b) THE SERVICES (I.E. THE SITE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND 3DOODLER AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) 3DOODLER AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3DOODLER OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
8. Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) 3DOODLER BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF 3DOODLER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) 3DOODLER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO 3DOODLER OR 3DOODLER’S AUTHORIZED RESELLER FOR THE GIVEN SERVICE OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. 3DOODLER DISCLAIMS ALL LIABILITY OF ANY KIND OF 3DOODLER’S LICENSORS AND SUPPLIERS. ALL PRODUCT INFORMATION (BEING INFORMATION IN RELATION TO THE NATURE AND USE OF THE PRODUCT AND SERVICES) IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND 3DOODLER DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, YOUR HOME OR PROPERTY, PRODUCT, PRODUCT PERIPHERALS, AND ALL OTHER ITEMS AND PETS IN YOUR HOME OR PROPERTY, RESULTING FROM YOUR USE OF PRODUCT INFORMATION, THE SERVICES, OR THE PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION.
9. Certain Exclusions
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
(a) Changes to these Terms or the Privacy Statement. These Terms and the Privacy Statement are subject to occasional revision, and if 3Doodler makes any material changes, 3Doodler may notify you by prominently posting notice of the changes on the Site. Any changes to these Terms or the Privacy Statement will be effective immediately following our posting of notice of the changes on the Site. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Contact 3Doodler first. If a dispute arises between you and 3Doodler, our goal is to learn about and address your concerns. You agree that you will notify 3Doodler about any dispute you have with 3Doodler regarding these Terms by emailing terms@the3Doodler.com.
Governing Law. These Terms are governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or of New York for the purpose of litigating all such claims or disputes, unless submitted to arbitration as set forth in the following paragraph. Notwithstanding the foregoing, 3Doodler may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Entire Agreement/Severability. These Terms constitute the entire agreement between you and 3Doodler regarding the use of the Services. Any failure by 3Doodler to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(d) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without 3Doodler’s prior written consent. These Terms may be assigned by 3Doodler without restriction. These Terms are binding upon any permitted assignee.
(e) Notifications. 3Doodler may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. 3Doodler is not responsible for any automatic filtering you or your network provider may apply to email notifications. 3Doodler recommends that you add info@the3Doodler.com, news@the3Doodler.com and cs@the3Doodler.com to your email address book to help ensure you receive email notifications from 3Doodler.
(f) Copyright/Trademark Information. Copyright © 2016, WobbleWorks, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Product or Services are the property of 3Doodler or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of 3Doodler or such respective holders. 3Doodler reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
3Doodler Pen Limited Warranty
Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Last updated: 27th October 2016
3Doodler 3D Printing Pens, Power Adaptors, and JetPacks
This limited warranty applies to the following 3Doodler items only: any 3Doodler 3D printing pen, any 3Doodler power adaptor shipped with a 3Doodler 3D printing pen, or any 3Doodler JetPack (each a “Product”). This limited warranty does not apply to any other 3Doodler items, including, but not limited to, 3Doodler plastics and accessories.
This Limited Warranty shall only apply to purchases made by Customers in North America, Europe and the Asia-Pacific region, unless otherwise stated by us.
WobbleWorks, Inc. and WobbleWorks (HK) Limited (“3Doodler”) warrants to the original consumer purchaser that any 3Doodler Product shall be free from material defects in material and workmanship for a period of one (1) year from the original date of purchase for (the "Warranty Period").
Sole Remedy of Repair or Replacement
If the product is determined to be materially defective during the Warranty Period, your sole remedy and 3Doodler’s sole and exclusive liability under this warranty shall be limited to the repair or replacement of the product with a new or refurbished product at 3Doodler’s option. For purpose of this Limited Product Warranty and Liability, "refurbished" means a product that has been returned to its original specifications. Claims other than the right to correction of faults in the Product named in this Limited Warranty are not covered by our Limited Warranty.
Non-Extension of Warranty
In the event that 3Doodler repairs or replaces your product under warranty, the repair or replacement will remain covered by this warranty for the remainder of the Warranty Period or, where the Warranty Period has expired, for thirty (30) days from the date that the product is returned to you. The warranty term for the Product is not extended or recommenced as a consequence of work performed by us under this Limited Warranty.
All warranty claims are subject to 3Doodler’s: (i) receipt of notice of a defect within the warranty period; (ii) verification of the existence of the defect in the product; and (iii) receipt of valid proof of the purchase date.
This warranty is void and will not apply if the product is:
- Used with other products or items (including plastic filaments) that are not compatible with the product (i.e. filament (or plastic) other than that supplied or approved by 3Doodler).
- Modified, altered, opened, or otherwise tampered with;
- Damaged by improper service and/or attempted service by a party other than 3Doodler;
- Damaged by accident, unreasonable use, neglect, abuse, misuse, careless handling, overburdening, improper maintenance, or other reasons unrelated to defective materials or workmanship;
- Immersed in water or otherwise exposed to moisture;
- Damaged such that the serial number is altered, defaced or removed;
- Used in a manner for which it is not designed, including, but not limited to, handling, storage, installation, testing, or use not in accordance with the operating instructions;
- Used with products not sold or licensed by 3Doodler, including, but not limited to, plastic filaments, accessories, adaptors, and power supply devices;
- Purchased from an unauthorized dealer or distributor;
- Purchased secondhand or from an unauthorized reseller; or
- Used for commercial purposes (including rentals).
Each of the above will cause the Product to be an “Ineligible Product”.
3Doodler will have no warranty obligation with respect to non-3Doodler products (even if packaged or sold with a Product) or the following (collectively, “Ineligible Products”):
- Product that has no defects in materials or workmanship;
- Parts subject to wear and tear due to normal use or natural wear and tear, as well as Product defects caused by wear and tear due to normal use or natural wear and tear;
- Products with defects that are not reproducible by 3Doodler;
- Minor reductions in desired quality that do not substantially change the value and usability of the Product;
- Products marked as “sample” or sold “AS IS”; or
- Damage cause by any Acts of God, including fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of war or other disaster.
3Doodler will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after analysis of the returned Product, that the Product is an Ineligible Product.
Please note that Products that have been returned to us, and which have visibly been opened or dissembled (other than as a result of direct instruction by 3Doodler customer service personnel), are not covered by this warranty and will not be repaired or returned to the user.
Return Shipping Costs
3Doodler will bear all costs of return shipping to Customer, except with respect to any Ineligible Product, for which Customer will bear all shipping costs. Invalid warranty claims may be repairable, in which case you may be offered an estimate of the cost involved.
3Doodler is unable to warrant the quality, safety or output relating to any filament that is not supplied or approved by 3Doodler.
Email help@the3Doodler.com to contact the 3Doodler Consumer Service Department about warranty issues. Before returning a product to 3Doodler, notify the 3Doodler Consumer Service Department. If the service representative is unable to solve your problem, you will be provided with instructions as to how to have the product repaired or replaced. If 3Doodler believes that there may be a valid warranty claim and confirms the original date of purchase for the product, 3Doodler will provide you instructions for returning the product.
Modifications to your Products by us
You understand and acknowledge that in the event that you return your product for repair, it may become necessary for 3Doodler to provide certain services to your Product to ensure it is functioning properly. Such services may include the installation of the latest firmware updates. You acknowledge and agree that some services could change your current control settings or cause some changes to functionality.
Disclaimer of Statutory Warranties and Conditions
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3DOODLER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS. 3DOODLER LIMITS ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS TO THE WARRANTY PERIOD, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. 3DOODLER DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. HOWEVER, IF SUCH WARRANTIES ARE REQUIRED AS A MATTER OF LAW, THEN THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD AS PRESCRIBED BY LOCAL LAW.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM THE USE OF THE PRODUCT OR REPAIR OF THE PRODUCT AND 3DOODLER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT.
IN NO EVENT WILL 3DOODLER BE LIABLE FOR ANY INJURY, ANY LOSS OF OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL AND ARISING UNDER ANY THEORY OF LAW, RELATING TO THIS WARRANTY OR YOUR USE OF, OR THE INABILITY TO USE, THE PRODUCT, EVEN IF 3DOODLER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
USER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR HIS OR HER INTENDED USE AND THE USER ASSUMES ALL RISKS AND LIABILITY WHATSOEVER IN CONNECTION THEREWITH.
Modification of Warranty under Applicable Local Law
SOME STATES AND/OR NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSIONS/LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The warranty offered by 3Doodler is the same whether or not you register your product.
3Doodler Plastics and Other Accessories
If you are unhappy with your 3Doodler plastic pack(s) and/or accessories (not including the JetPack, which is covered by the Limited Product Warranty above) when you receive it/them or if you simply change your mind please return the items to us within 7 days, with the despatch note, having taken reasonable care of the items and with packaging and all components, and we will refund you the price you paid for that product. You will only have to pay for the return postage of the products to us.
Please note that this does not apply to any plastic packs or accessories where the packaging of that plastic pack or accessory has been opened by you.
Email help@the3Doodler.com all claims and product return instructions.
3Doodler Store Terms & Conditions
We reserve the right to change these Terms & Conditions at any time, so please review them each time you make a purchase from the Store.
If you have any questions regarding these Terms & Conditions, you can email us at firstname.lastname@example.org.
Terms & Conditions:
The Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All goods and services purchased via the Store are provided on an “as-is” basis unless otherwise noted in the packaging included with the goods and services.
You acknowledge, by your use of this Store, that your use of this Store is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Store, and that neither 3Doodler, nor EServices Group Limited, nor any of their partners shall be liable for any damages of any kind related to your use of this Store.
All rights, title, and interest in and to the 3Doodler goods and services provided here are and will remain the exclusive property of 3Doodler and its licensors. They are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms & Conditions gives you a right to use the 3Doodler name or any of the 3Doodler trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding 3Doodler, or 3Doodler’s services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Additionally, when you order in our store, we collect and store your email address. From that point forward, your email address may used by 3Doodler and its partners to send you product updates. Subscribers can Opt Out by clicking the “Unsubscribe” link which is automatically added to the bottom of each promotion email or by contacting us at email@example.com.
Pricing and Availability:
All goods and services offered via the Store are subject to availability. Prices are subject to change without notice at any time.
3Doodler and EServices Group Limited reserve the right to cancel or refuse any order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.
Depending on the order, 3Doodler and EServices Group Limited calculate and charges sales or any other applicable taxes. Any taxes charged will be indicated during the checkout process. Neither 3Doodler nor EServices Group Limited have the ability to honor tax-exempt entities at the time of order. Tax-exempt entities can request a refund of sales tax paid on an order. For more information about sales tax or to request a refund of sales tax, you can email us at firstname.lastname@example.org.
Resale and Risk of Loss:
Purchases made via the Store are intended for end users only, and are not authorized for resale. Title and risk of loss for all products purchased from the Store pass to the purchaser at the time of delivery by 3Doodler or EServices Group Limited to the freight carrier.
At this time we offer only one method of shipment to certain locations; additional methods will be offered to Customers at checkout if available at that given time.
Neither 3Doodler nor EServices Group Limited are not responsible for lost or stolen packages or packages delayed by postal services, or for packages that have been denied or returned. In the event that a package is lost or stolen or you have given the wrong address, neither 3Doodler nor EServices Group Limited are not liable for the contents of the package and are not obligated to give you a refund. Re-shipping and re-delivery fees are the responsibility of Customer.
Please note that you (the customer) will be responsible for any customs fees, duties, taxes, or any related agency fees imposed on shipments sent via standard (registered post) shipping methods. These payments, if charged, must be settled by you upon the arrival of your shipment. Unfortunately there is currently no method for 3Doodler to charge for and prepay these fees on your behalf. Only orders that you elect to upgrade to Expedited Shipping (courier service) will be shipped with duties paid in advance (DDP).
Please also note that tax exempt entities are exempt from sales taxes, but are not exempt from import duties and related fees.
All our shipments are sent DDU, which means that it is your responsibility to pay any customs duties and taxes that are due once your shipment enters the country. The courier who is shipping your product will contact you once the shipment has cleared customs, and you will need to pay them directly. In some situations there will also be a customs clearance fee paid, which is a nominal fee applied by the courier and is outside of our control.
We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your statutory rights.
We will try to attend to all returns as soon as practically possible.
Please note that product returns cannot be accepted in person at our office address.
If you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 7 days, with the dispatch note, having taken reasonable care of it and with packaging and all components, and we will refund you the price you paid for that product.
We will make the refund directly to the credit/charge card/PayPal account used to place the original order within 30 days or earlier once we have inspected the returned item.
You will only have to pay for the return postage of the products to 3Doodler or EServices Group Limited (as applicable).
NOTE: This general returns policy shall not to apply to:
(i) any plastic filament sold on the Store where the packaging of that plastic filament has been opened; or
(ii) any 3Doodler pens which have been used to extrude any plastic.
(iii) any EDU Bundles.
Faulty Damaged Products
We try to select and package the products as well as possible to ensure they arrive in good condition. However, if a product arrives damaged or with defects, or is not what you ordered (due to an error or omission on our part), we will replace it free of charge or provide a full refund as appropriate, if you return the product to us within 30 days of receipt.
In these circumstances, or where your product is deemed to be defective under our Limited Warranty, we will also pay you the cost of the return postage. Otherwise, you are responsible for the costs of shipping the product back to 3Doodler or EServices Group Limited (as applicable).
Please obtain a proof of posting certificate from your post office to enable us to process the refund for your return postage costs.
This does not affect your statutory rights.
Process for Returning Products:
Please email email@example.com to inform us of your wish to return products. Please ensure you quote your order number.
We will allocate a Returns Code, which must be included on the label of the package in order to process your return.
We may also advise you how to send the item back to us.
You will be responsible for the returned products until they reach us.
European Distance Selling Regulations (DSRs):
By law, consumers in the European Union have the right to cancel a contract for the purchase of an item within 14 days of the day after receipt of the order. In some European countries it is in fact a shorter period, but a 14-day returns period will be required when changes to the DSRs come into effect in 2014.
If you wish to cancel your order under the DSRs we ask you to please notify our Customer Service team quoting your name and order number by email at firstname.lastname@example.org, and stating that this is a return under the DSRs.
We will then arrange for you to be refunded accordingly to this returns policy (see above).
EServices Group Limited Sales Terms and Conditions
EServices Group Limited Terms and Conditions apply. In the case of any conflict between the Terms and Conditions set out herein and those of EServices Group Limited in relation to any sale and purchase of the Products, EServices Group Limited’s Terms and Conditions shall apply. For all other matters the Terms and Conditions set out herein shall apply.
This device (the 3Doodler 2.0) complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation."
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.