Epic Basing Terms of Use

 

Welcome to the online store for Epic Basing which is owned and operated by Arkstore Inc. (“Arkstore”/’we’/’us’).  If you visit or buy products through the online Arkstore located at EpicBasing.com (the “Website”), You confirm your acceptance these Terms of Use.  Any purchase of a 3D design STL file (“STL File”) from the Website is a license to use such STL File and shall be governed by the license terms set out below.

 

Please note that these Terms of Use may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to this site.  It is your responsibility to review these Terms of Use for any changes.  Your use of the site and our services after any amendments or updates to these Terms of Use shall signify your acceptance of such revised terms.  You should visit this page periodically to review these Terms of Use.

Please review our Privacy Policy, which also governs your visit to our site to understand our practices concerning the collection and use of information.

LICENSE PURCHASE TERMS 

1. STL File Licenses

 

If You purchase a license to use any of the Epic Basing STL Files, then subject to your payment of all applicable fees, Arkstore grants You a non-exclusive, perpetual, limited, non-transferable and non-sublicenseable license to print and use the STL File to create 3D printed objects for the sole purpose of creating original derivative works (such as decorating miniatures, figures and collectibles) (“Derivative Works”). For greater certainty, all use of the STL Files shall be for the creation of your own Derivative Works.

 

The following uses are permitting under the foregoing license: (a) decorating the bases/stands of wargaming miniatures, RPG miniatures, hobby, craft and toy collectibles to help illustrate a scene such as a forest, desert, underwater etc.; (b) Unlimited printed for purchased STL Files; (c) resizing and flipping of the STL File designs prior to printing; and (d) modifying designs after printing, by cutting, painting, piecing together.

 

All Derivative Works that are distributed must include appropriate attribution to Arkstore (for example: based on an STL File originally designed and licensed by Arkstore Inc.).

 

In no circumstances are You permitted to: (a) distribute or redistribute the STL Files; (b) use the STL Files, except as part of your own Derivative Works; (c) make commercial uses of the STL Files; (d) use any STL File or Derivative Work in any manner that is derogatory to the Epic Basing brand or that may damage the value, reputation, or goodwill of Arkstore or Epic Basing; and (e) imply that your Derivative Work is approved by or in any way associated with Arkstore or Epic Basing.

 

2. Orders and Limits

 

We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by individuals who intend to breach the licensing terms set out in Section 6.

 

 

3. Prices and Fees

 

All prices on this Website are subject to change without prior notice. Any changes in pricing that may occur before, during or after a purchase are not the responsibility of Arkstore.

 

Your credit card will be charged once You place an order for a product.  All credit cards must be valid, authentic and You must be authorized to use them.  If the charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to You.  We reserve the right to stop accepting credit cards from one or more issuers at any time.

 

Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.  

Items in your shopping cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when You first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time You place it in your cart and the time You purchase it.

 

4. License Bundles

 

Arkstore may offer, in its sole discretion, bundles of STL File (or libraries) for a one-time fee (“Bundle”). If You purchase a license Bundle, You will be entitled to access, download and use of all STL Files in the applicable STL File library, for a specific time period, in accordance with any other terms of the offer communicated to You at the time of purchase.

 

Arkstore shall charge your credit card in advance, in accordance with your license Bundle offer.

 

5. Taxes

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If You are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team to ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.

6. No Refunds:

 

All purchases made through the Website are final sale. Arkstore does not offer any refunds for purchases made.

 

7. Delivery

 

All items purchased from Arkstore shall be delivered electronically to the email address associated with your account.

 

WEBSITE AND ACCOUNT TERMS

 

8. Accounts

 

If You register for an account on the Epic Basing Website, You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to You.

 

You may required to have an account name and password for certain activities on the Website. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to You or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.

 

9. Account Data

 

All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. We will rely on the information You provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that You, us or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Collection of any “Personal Information” by Arkstore is governed by our Privacy Policy.

 

10. Arkstore Intellectual Property

 

Arkstore grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your own use. Your right to use the Website is limited by all terms and conditions set forth in these Terms. If you purchase an STL File for download, your right to use such STL File shall be governed by Section 1 (STL File Licenses) above.

 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the STL files, are the property of Arkstore or its content suppliers and is protected by Canadian and international copyright laws.  All software used on this site is the property of the Arkstore or its software suppliers and protected by Canadian and international copyright and authors' rights laws.  All Arkstore and Epic Basing product names and logos are trademarks Arkstore. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with our prior written permission.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

 

If You provide Arkstore with any suggestions, comments or other feedback ("Feedback") relating to the Website, Arkstore may use such Feedback in the Website or in any other Arkstore products or services (collectively, “Arkstore Offerings”). Accordingly, You agree that: (a) Arkstore is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Arkstore, (c) Arkstore (including all of its successors and assigns and any successors and assigns of any of the Arkstore Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Arkstore Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Arkstore or any of the other users of the Website.

 

 

11. Website Changes

 

We may alter, suspend, or discontinue this Website or the Services at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  We may periodically add or update the information and products on this Website without notice. 

 

12. Advertising and Links to Third-Party Websites

 

You acknowledge and agree that the Website may be provided with advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Arkstore shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials downloaded from this Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

 

This Website may contain links to other websites that are not owned or controlled by Arkstore.  Arkstore is not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence on the Website of a link to any non-Arkstore websites does not imply that Arkstore endorses or accepts any responsibility for the content or use of such websites, and You hereby release Arkstore from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

 

In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service.

 

 12a. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

 

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/epic-basing/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/epic-basing/privacy_policy).

 

GENERAL LEGAL TERMS

 

 

13. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS

 

THE INFORMATION AND MATERIALS (INCLUDING ANY STL FILES) PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS."  SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ARKSTORE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  ARKSTORE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND ARKSTORE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

 

14. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL ARKSTORE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.  THESE LIMITATIONS SHALL APPLY EVEN IF ARKSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

15. INDEMNIFICATION

 

YOU SHALL INDEMNIFY AND HOLD ARKSTORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE OR STL FILES OBTAINED THROUGH THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

 

16. Termination

 

Arkstore may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.

 

You acknowledge and agree that all terminations may be made by Arkstore in its sole discretion and that Arkstore shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website.  Any termination of these terms of use by Arkstore shall be in addition to any and all other rights and remedies that Arkstore may have.

 

17. Enforcement of Terms and Conditions

 

If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  The failure of Arkstore to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Arkstore must be in writing and shall only apply to the specific instance identified in such writing.  No waiver by Arkstore of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision.  You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

 

18. Applicable Law

The laws of the Province of Ontario, and the federal laws of Canada will govern these Terms of Use without giving any effect to any principles of conflict of law.

19. Availability And Updates

Arkstore may alter, suspend, or discontinue this Website or Software at any time and for any reason or no reason, without notice. The Website and/or Software may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. 

20. Export Restrictions

The Website, materials and related information may be subject to export and import restrictions. By using the Website or downloading the STL Files, You represent and warrant that You are not located in, under the control of, nor is a national or resident of, any country to which the export of the STL Files or related information would be prohibited by the laws and/or regulations of Canada and/or the United States. You shall comply with the export laws and regulations of the United States and Canada that are applicable to the STL Files and related information and You shall comply with any local laws in your jurisdiction that may impact your right to export, import, or use the STL Files or related information, and You represent and warrant that You have complied with any such applicable laws or regulations. The STL Files shall not be used for any purposes prohibited by export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import, or use of the STL Files or related information.

21. Relationship Of The Parties

The parties are independent contractors.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

22. Assignment

You may not assign this these Terms. Arkstore may assign these Terms of Use at any time and for any reason.

23. No Third-Party Beneficiaries

There are no third-party beneficiaries to these Term of Use.

24. Language

The Parties acknowledge that they have expressly required that this agreement and all related documents be drafted in the English language. Les parties reconnaissent avoir expressément exigé que le présent convention et tous les documents connexes soient rédigés en langue anglaise.