Terms and Conditions
§ 1 „Scope “
The Terms and Conditions create a contract between MAY-B UG (haftungsbeschränkt) (hereafter referred to as MAY-B), Address: Buhnfeld 5, 32602 Vlotho, Germany and the user of all free and paid functions of the website.
MAY-B reserves the right to change the Terms and Conditions in the future. These changes can affect the contract between MAY-B and the user or can have negative effects for the user, e.g. correction of spelling mistakes or updating of the contact data as well as changes that affect the contractual relation between MAY-B and the user. MAY-B will point out changes that affect the contractual relation between MAY-B and the user via E-Mail and/or in an appropriate way via their online-service. After receipt of the message, the user has four weeks to disagree with the changes made in the Terms and Conditions. Otherwise the changes hold as accepted. The changes also hold as accepted when the user logs in after the changes have been communicated or the user had not disagreed within four weeks after being notified. When the user disagrees to the changes of the Terms and Conditions, MAY-B reserves the right to end the contractual relations as well as the termination without notice. The data files bought by the user will be available for printing via streaming for three more month after receipt of the termination. Within this period the latest accepted contractual conditions hold for MAY-B and the user.
§ 2 „Description of the platform MAY-B “
MAY-B offers a platform where files for 3D printing, that can be streamed to a 3D printer, can be bought or sold. MAY-B receives a commission for offering the platform. With buying the file, the buyer acquires the possibility to print the file one time. Therefore, the purchased file will be streamed from the MAY-B platform via the user’s computer to the user’s printer or to the printer of a chosen third-party provider.
- „Non-registered users“
- Users that are non-registered can use all functions that MAY-B provides to non-registered users. Non-registered user can look at files that are for sale, can leave comments, choose files and put them into the cart. For the purchase, upload and print of the file registration is needed.
- „registered users“
Maker can use the platform in the same way as non-registered users can do. In addition, they can purchase and print files.
Designer can use the platform in the same way as Maker. In addition, they can upload files for sale. The vendor bears the transaction costs, which accrue with the payment of the revenue from the sale. A payment is possible from 10 Euro onwards. MAY-B receives 40% of the revenue of each sale as a commission.
- „Non-registered users“
§ 3 „Rights, that MAY-B grants the user“
MAY-B-Services and contents are the property of MAY-B or the respective vendors. MAY-B allows the user a limited, non-exclusive, revocable right to use the MAY-B-Services and a limited, non-exclusive, revocable right to use the contents within the Terms and Conditions. The right to print a purchased file must be acquired again for each print and remains until the print has been finished. The respective files are not sold to the customer (Maker). The vendor remains the owner of the file and the intellectual property. It is criminal to intercept the respective file or to safe it or to take possession of it in any illegal way. The resale of via MAY-B printed products is forbidden.
§ 4 „Necessary personal and technical Conditions of the user“
The unrestricted legal competency is needed to use the services of MAY-B. With the registration, the user confirms to be at least 18 years old and to have unrestricted legal competence. The user assures that all data given at the registration are truthful, correct and complete and that the user will inform about future changes. If the stated files are incorrect, MAY-B reserves the right to revoke the registration and to end the contractual relation. There is no claim to a registration at MAY-B.
MAY-B distinguishes the permitted extend of the usage of the platform‘s functions between the determined user groups. Those are “non-registered users” and the „registered users“, which are explained in §2. Registration takes place by accepting the registration E-Mail. Afterwards the user receives an E-Mail containing a link to the confirmation of the application and activation of the account as well as to verify the E-Mail address given at the registration. The activation of the link leads to the complete registration.
With the declaration of consent, MAY-B uses the user’s indicated E-Mail address to send Newsletter, which the user can cancel at any time.
MAY-B uses the user’s personal data according to the privacy statement.
With the usage of the website the user accepts that MAY-B and the streaming service used by MAY-B can access the user’s 3D printer.
MAY-B uses a streaming service to print the files. The user agrees to use this service, since otherwise the files cannot be printed.
§ 5 „Right of use“
The vendor does not give MAY-B the exclusive right to sell or reproduce the uploaded content especially on a server, data carrier, for example hard disks, to save and to hold ready for streaming retrieval. Until the user deletes the contents from the MAY-B website, the concession of these rights remains. After the deletion, the files are no longer for sale, but MAY-B will safe them and they will be used for prints that have already been purchased as well as for statistics until the last paid purchase has been printed. Only after that MAY-B will delete the file from all storage locations. The designer gives MAY-B the permission to activate the possibility to print a certain file again and for determining when renewed print will be activated. After a faulty print, the reactivated print is for free. The designer does not has any claim to get paid again.
§ 6 „Legality of the content“
The user, specifically the „Designer“, is responsible of the legality of the content the user uploads and provides for streaming. With uploading the file, the user assures that he owns all the rights for uploading and selling. MAY-B does not own these files and is not obligated to examine the legality of the files. The user has also the obligation that the uploaded files are lawful as well that the uploaded file do not violate the rights of third parties. Concerning the content, the user is obligated to refrain from pornographic, extreme right-wing or left-wing as well as any other extremist, racist, discriminatory, youth-endangering, glorifying violence or content that breaches the constitution of the federal republic of Germany. Moreover, any kind of weapon is forbidden. Files that are suitable to build or use as a weapon or that are or could be parts of a weapon are forbidden as well. The user is obligated to inspect the content carefully for the mentioned requirements as well as the whole Terms and Conditions before uploading and transmitting it to MAY-B. MAY-B reserves the right to delete any files that from MAY-B’s perspective violate these requirements as well as the associated accounts. In addition, MAY-B also reserves the right to remove prints of these files that have already been purchased by reimbursement of the purchase price. In case that a third party or the government will raise a claim against MAY-B, the user is obligated to release MAY-B from all claims which arise due to the violation of the right of a third party – for whatever legal reason and whatever it focusses on – and to bear those appropriate costs that arise for MAY-B due to utilisation or the elimination of the illegal condition. This is particularly true for the violation of copyrights, trademark rights and competition law or property rights of third parties and includes MAY-B’s appropriate legal defence costs. The exemption – as a contract to the benefit of a third party – also has an effect on the part of any of MAY-B’s vicarious agents. Any other rights as well as claims for damages from MAY-B will be unaffected. The customer has the right to prove that no or only low costs arise for MAY-B.
§ 7 „Revocation instruction“
You have the right to revoke the contract within fourteen days without giving any reasons.
The revocation period is fourteen days from the date of the conclusion of contract.
To exercise your right to revoke you need to send us (MAY-B UG (haftungsbeschränkt), Buhnfeld 5, 32602 Vlotho, E-Mail: email@example.com) a clear statement (e.g. a letter by mail or e-mail) to inform about your decision to revoke this contract. You can use the attached template of the withdrawal formula, but it is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification concerning the exercise of the right to revoke prior the expiry of the revocation period.
The right to revoke invalidates with the beginning of the print of the file, when you print the file within the revocation period of fourteen days.
Consequences of the cancellation:
Within fourteen days after you revoke this contract we are obligated to return all the payments that we have received until the day that we received your revocation immediately. For this we will use the same payment method that you have originally used for the transactions, unless expressly agreed otherwise. Depending on the payment methods transaction costs might occur, which the customer must pay.
|To [insert name, address and telefax number and e-mail address from the company if necessary]:
I/we (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) /provision of the following service.
Ordered on (*)/ received on (*)
Name of the consumer(s)
Address of the consumer (*)
Signature of the consumer(s) (only when message is on paper)
|(*) Delete as applicable.|
§ 8 „Purchase of a file“
- Selecting a file
- Push „Buy“- button
- Gott to cart (either through pushing the „cart“-symbol or via „go-to-cart“)
- Click on “continue with payment” to get to the payment process.
- Click on “purchase”
- Pay via the chosen payment method
§ 9 „Prices and Payment“
The prices charged for MAY-B’s services are taken from the information at the MAY-B website and the overview page at the MAY-B website and the overview page before completion of the order. The customer is obligated to make an advance payment before having the possibility to print the purchased file.
MAY-B can send invoices via e-mail. An invoice in the post is not necessary.
Payment shall be regarded as effected as soon as the amount has been credited to MAY-B’s account.
In case of a return debit note, MAY-B has the right to charge the customer any return debit note fees which arise from the processing bank or the payment service provider, unless the user cannot be held for this. The same holds true for transaction costs.
MAY-B does not determine the prices. The respective vendor determines the price. MAY-B thereof receives a commission of 40 % of the stated price for every effected sale.
§ 10 „Availability of the online service“
MAY-B tries to provide the online service 24 hours at seven days a week. There is no entitlement that the online service is always available.
MAY-B reserves the right at any time to change contents offered on MAY-B’s online and to delete contents – wholly or partly – from the product range without preannouncement.
MAY-B is not obligated to be able to print on any 3D printer. A list of compatible printers is presented on MAY-B’s website. In addition, no right of rescission or claims for damages exists when the print is not possible on the customer’s printer and the printer is not mentioned in the list of compatible 3D printers.
§ 11 „Liability“
MAY-B is only liable to the extent of the legislative framework. MAY-B is not liable for loss of data or damages due to incorrect usage of the 3D printer.
§ 12 „Data protection“
MAY-B processes the user’s data electronically. In doing so, the legal requirements concerning data protection are observed. MAY-B uses the user’s data for the purpose of enabling and usage of contents according the Terms and Conditions. Moreover, the collected data are saved, processed and used to provide the offering of the online service including custom content and advertisement as well as for statistical evaluation and administration to develop new offers and for accounting. You will find more hints and information about this in our notes on data security. The user is obligated store access data and password carefully and to maintain secrecy regarding such information towards third parties and to prevent misuse.
§ 13 „End of the membership“
The user can end the membership at MAY-B at any time. After the customer has end the membership the purchased files are no longer available to the customer. There is no claim for a transitional period. With ending the membership, the user also end the possibility to access the files.
In case that the user violates the Terms and Conditions, MAY-B is entitled to block and/or delete the user account and therefore, to end the user’s membership
In case that the user does not accept the new Terms and Conditions, MAY-B can end the user’s membership. After not accepting the new Terms and Conditions, the purchased files are available to the user for three more months.
MAY-B can end the membership without any justification. After ending the membership, the purchased files are available to the user for three more months.
MAY-B can delete the user’s content completely or partly after the end of the membership. Concerning personal data please refer to out information about Data protection.
§ 14 „Used services“
MAY-B uses the following services on the website:
Google Analytics https://www.google.de/analytics/terms/gb.html
Google Plus https://www.google.com/+/policy/pagesterm.html
§ 15 „Final clause“
The law of the Federal Republic of Germany shall apply to the legal relationship between MAY-B and the user excluding the UN Conventions.
Upon approval by the user, MAY-B has the right to transfer the user’s registration as well as all closed contracts between MAY-B and the user completely or partly to third parties. Such approval is deemed granted if the user does not contradict within four weeks in writing. The user will be informed in advance about the impact of silence. A message via e-mail is sufficient for the above statement.
The place of performance for all obligations arising out of the contract shall be the registered office of MAY-B.
In case that individual terms of these Terms and Conditions or parts of it are invalid, the effectiveness of the whole Terms and Conditions shall be unaffected thereby.