Terms and Conditions

Introduction and Acceptance of Terms of Use

3D Digital (3D) offers a wide range of content, tools and information about its products and services (&uot;Materials") via this website. By using this website, you are agreeing to accept and comply with the terms and conditions of use as stated below (&uot;Terms of Use"), which 3D may update at any time without notice.

Limited Right to Use

This website is owned and operated by 3D Digital. Unless otherwise specified, all Materials on this website are the property of 3D and are protected by U.S. copyright laws. No Materials published by 3D on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from 3D. The use of any such Materials on any other website for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to 3D (&uot;Feedback") will be deemed, at the time of communication to 3D, the property of 3D, and 3D shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Links to Other Sites

The linked sites are not under the control of 3D, and 3D is not responsible for the content of any linked site or any link contained in a linked site. 3D reserves the right to terminate any link at any time. 3D may provide links from this website to other sites as a convenience. This should not be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third-party sites linked to this website, you do so at your own risk. 3D DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Indemnity

You agree to indemnify, defend and hold 3D harmless from and against any and all third-party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this website.

Limitation of Liability

IN NO EVENT SHALL 3D Digital OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF 3D OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Estimate

3D will make a fair attempt to estimate the cost of the project. The estimate is based upon the description of tasks/services you request.

If you request more work to be done than what was initially agreed upon, any additional time required to make changes/upgrades will be added to the bill.

Website Completion Date

3D will provide you with an anticipated project completion date. We will endeavor to meet any given deadline, but we do not guarantee and are not bound in any way to complete the project by this date. 3D shall not be held responsible for delays to site development arising out of your delay in providing graphics, text, content and other necessary items to the website development team. If the website work is halted or stopped as a result of your request, you will be liable for all billable hours up to the date of the request, in addition to the non-refundable deposit.

Website Design Fees

You will be expected to pay a deposit (equal to 50% of the total estimated cost) when the contract is signed and before work begins, unless other arrangements are agreed upon by 3D. The remaining balance is due upon completion of your website. If payment is not received after 45 days, the website may be taken down until payment is received.

Copyright

You represent that all graphics and text including logos, trademarks and photos provided to website development team do not violate United States copyright law. All images displayed on your website will only be used after authorization from you and are solely your responsibility regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by you, they will be your sole responsibility.

You agree to hold 3D harmless from any and all liability, claims or causes of action arising out of use of the content provided by you.

All content created by 3D for you belongs to you. You hereby grant to the website development team the right to use the work for demonstration of past work performed and/or advertising purposes only.

3D represents that any graphics originally created by our website development team and added to the website are owned by 3D and do not violate United States copyright law.

Guarantee

3D makes no representations or guarantee as to the amount of website traffic generated to your website. 3D does not guarantee an increase in sales nor promise top ranking in any search engine or directory. 3D will use its best efforts to support search engine optimization, but search engine ranking cannot be guaranteed.

Electronic Commerce Law

You agree that you are solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through your website, and will hold harmless 3D and its subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from your use of electronic commerce.

Confidentiality

3D understands that it will be working with confidential client information and will only release this information to parties directly involved in website creation. You authorize our website development team to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address user IDs and passwords, trade information, and banking information, should the client request online shopping. Upon website completion, you will change any banking passwords 3D has had access to during the build. If you chose not to retain 3D for website hosting and maintenance, you will change any other passwords our website development team has had access to during the build. You will hold 3D harmless should breach of security occur because you have not changed the passwords.

Continuing Web Site Maintenance

Once the website is complete, you have the option to purchase a website hosting and maintenance package (edits, changes, additions, removal or changes of products or graphics) from 3D for an additional monthly fee.

Changes

3D is not responsible for others (outside of 3D Digital) who are authorized by you to edit your website or change code; this includes contractors, developers, designers or others approved by you. There will be a fee to restore the site in case of loss or corruption of original design caused by anyone outside of the 3D website development team.

Domain Name

It is your responsibility to renew your website’s domain name(s) when due unless an agreement has been made to the contrary. If a domain name expires, 3D cannot be held liable.

Web Hosting Services

3D uses Go Daddy as our hosting provider. Although GoDaddy has a 99.9% up-time guarantee, 3D cannot be held responsible if/when GoDaddy is down for scheduled or unscheduled maintenance, or is experiencing unforeseen technical issues.

Warranty

3D assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this website. You should not assume that the Materials on this website are continuously updated or otherwise contain current information. 3D Digital Solutions is not responsible for supplying content or materials from the website that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Applicable Laws

These Terms of Use are governed by the law in force in the State of Florida, USA, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Florida and courts of appeal from them for determining any dispute concerning the Terms of Use.

General

If you have any questions regarding the Terms of Use, please contact 3D via our Contact page.