PIXUP Site, the Site is owned and operated by Phrozen Tech Co., Ltd. (the “Company”), a company duly incorporated in Taiwan. By registering an account and/or using the service of the Site, you have read and agreed to the terms and conditions of use (“Site Terms”). The Company reserves the right to update, amend, and supplement the Site Terms. You should carefully read all the terms in these Site Terms and regularly review the updates regarding the Site Terms. You shall stop using the service of the Site if you do not agree to any one of the terms in the Site Terms, or you do not agree to the fact that the Company can update the Site Terms unilaterally, or the Site Terms are held void, in part or in whole, in the country/jurisdiction where you access the service.
Upon registering for/using the service of this Site, you state and promise:
- You are either a natural person, legal person, or another entity capable or legally authorized to enter into these Site Terms, and you accept all the terms of it. If you are not capable or not legally authorized to accept these Site Terms, the Company may delete or permanently suspend your account (the “Account”); in such an event, your representative, guardian, or custodian shall be vicariously liable for all losses and damages the Company suffered because of your behavior.
- According to all relevant laws and regulations, you are not prohibited or otherwise refrained from using the service of the Site.
- Any Account you have registered has never been suspended or deleted.
- The information you provided to the Site is complete and accurate; you are willing to update such information as requested by the Company.
- To the extent allowed by law, you agree that the Company can use your data for the purpose of regulatory compliance or other mandatory provisions in laws and regulations.
- You will not use this Site (including the service of this Site and/or the account of this Site, similarly hereinafter) for any illegal purpose yourself or on behalf of a third party; such illegal purposes include, without limitation, illegal gambling, money laundering, fraud, extortion, assisting terrorism, etc.; and you will not use the Site for activities that are illegitimate or harmful to the Company’s (business) reputation.
- You will comply with all applicable laws, rules, regulations, and international customs related to internet usage and will not use this Site to infringe on the rights of any third party.
- You have confirmed the applicable laws, rules, and regulations when you use the Site. Provided that you violate any law, rule, or regulation, you will be responsible for the consequences.
- You realize that the Company does not represent or warrant the goods provided by sellers on the Site, and you agree that all sales of goods are final upon the tender of delivery without the possibility of a refund.
The Company may recover compensation for damages (including, without limitation, litigation fees, attorney fees, and damages to commercial reputation) if you cause losses or harms to the Company because of the following events:
- Violation of these Site Terms;
- Use or abuse of the Site and/or the service of the Site; and/or
- Violation of any applicable laws, rules, or regulations.
Before you use the service of the Site or the account of the Site, the Company may ask for your personal information for verification.
The account held by a member of the Site's account (the “Member”) can be suspended, canceled, or terminated for a violation of any term of these Site Terms. The Member shall be liable for the damages and losses of the Company and other users incurred in such violation.
The Company authorizes you to access and/or use the Site. Such authorization is limited, nonexclusive, and nontransferable. This term shall be effective in whole for the successor or transferee of the Company.
You can only use and/or access the Site for the purposes that are agreed upon or otherwise allowed by the Company explicitly; except for such purposes, all other uses shall be prohibited.
While accessing or using the Site, you promise:
- Not to hack into the Site or disassemble, reverse engineer, translate, decompile, decode, or use other means to obtain the source code; and not to use a robot account or other techniques to change, delete, or destroy the Site’s data, content, or equipment, or to incur other malign effects on the operation of the Site.
- Not to amend, revise, optimize, strengthen, translate, or create an adaptive copy of the Site; and not to use proprietary data or intellectual property of the Company or others.
- Not to delete, change, or conceal the information of the Company, its suppliers, partners, and authorizers.
- Not to use the Site for any unallowed purpose.
- Not to provide the service of the Site with the internet or other means.
- Not to amend, delete, or collect personal data of others without authorization by exploiting the bugs in the source code of the Site or by using other techniques to circumvent or destroy the security safeguards of the Site.
- Not to use the site to automatically send surveys or commercial advertisements.
- Not to access, attempt to access, assist, or abet others to access the Site, the account of another Member, or other content of the Site's content without permission.
- Not to use or attempt to use a web crawler on the Site; and not to upload data that contains a computer virus, Trojan horses, or worms.
- Not to cause disproportional traffic to the web infrastructures.
- Not to impersonate using and/or accessing the Site.
- Not to disseminate content that is obscene, lewd, detrimental to the physical and mental health of children and adolescents, sexually harassing, or otherwise against public orders or good morals.
- Not to disseminate content that is not truthful, libelous, infringing on others’ privacy or intellectual property, or otherwise damaging to the rights and interests of others.
- Not to disseminate content that is violent, threatening, menacing, instigating, or otherwise illegal.
- Not to disseminate misinformation or other untruthful information regarding a pandemic or other topics that could affect social order.
- Not to engage in drug dealing, selling, or advertising tobacco or liquor products or dealing in other prohibited products.
- Not to engage in money laundering or assisting terrorism.
- The products you provide shall have the safety standard that conforms to the current technical or professional standard; the product shall also be merchantable or have the quality you warrant.
- Not to violate these Site Terms; and
- Not to violate any other laws and regulations, infringe on other Members' rights and interests, or interfere with the normal operation of the Site.
Protection of Intellectual Property
The Company or other owners have legally owned the intellectual property rights, including but not limited to publication, photos, files, information, data, website structure, layout of the website, and website design of the software, applications, or Site content (including, without limitation, trademark, patent, copyright, and trade secret).
If you want to cite or reproduce the aforementioned publication, photos, files, information, data, website structure, layout of the website, and website design of software, applications, or Site content, you shall obtain authorization in writing from the Site or copyright holder. Provided that you violate this provision, you shall be liable for the damages of the Company (including, without limitation, attorney fees).
The Member agrees that the Company may freely use the content, including but not limited to publications, trademarks, and other content, published or uploaded to the Site by the Member for the purposes of operating the Site. The Member promises that content published or uploaded to the Site does not violate copyright, trademark, or other rights. In the event of a violation of such rights, the Member shall be responsible for all civil and criminal liabilities and has nothing to do with the Company. If the Company suffers losses or damages because of such violation, the Company shall have the right to recover the damages and losses from the Member. When any third party notifies the Company that a Member (is suspected to) violate such rights, the Company will notify that Member via email and forthwith delete such content.
In order to protect the intellectual property of others, the Member shall not upload, download, or repost unauthorized images, photos, music, articles, or other content that infringes the copyright of others. If a copyright holder reports to the Site about an infringement of her rights, the Site will enforce copyright protection procedures according to laws and regulations. If a copyright holder has provided technical measures that have been developed based on a broad consensus and are used to identify or protect copyrighted works and have been approved by the competent authority, the Company will cooperate to enforce such measures. If the Site has decided that a Member has three incidents of copyright infringement, the Site may forthwith terminate the services to that Member, in whole or in part.
Unless otherwise consented in writing, when Members transact with each other via the Site, the buyer Member of a 3D printing file and model (e.g., .stl, .vrml, or .amf file) will not obtain the copyright of such file and model; the buyer Member merely obtains a nonexclusive authorization of such file and model for personal and noncommercial use.
The point of contact regarding copyright infringement of the Site is:
Our Site provides a social media platform for the Members to transact 3D printing models and files, where Members upload 3D printing models and files via automatic processing without content moderation mechanisms from the Site; this Site is not a party to any activity/transaction between the Members. The Company does not implicitly or explicitly promise or warrant any speech and/or activity of the Member. If any dispute arises between Members or between a Member and others, the dispute shall be resolved by the disputed parties; the Company may provide reasonable assistance but will not bear any liability. Nonetheless, if the Company receives a complaint or happens to know of any illegal activity, the Company shall have the right to take all necessary means to protect the rights and interests of the Site, the Company, and/or Members. The Company may select a Member or remove any content or information you provide to the Site.
The Company values the Site and the security of the services. When you register an account, you represent that you have provided the latest and accurate personal information and agree to update your personal information continuously. You also agree that no one other than yourself will use your Account with the Site.
If you do not create or access your Account through the web interface provided by the Company, the Company will suspend your Account on the Site and the services provided to you by the Site and/or the Company. Any attempt or assistance of others to access the Account of the Site with unconventional means, no matter the means taken (including but not limited to educational instruction, software, or tools), the Company will also terminate that Member's Account on the Site.
You shall be responsible for the security of your Account's safety, including your password and information in your Account. You shall ensure the safety and confidentiality of the login certificate of your Account and shall prevent your Account from unauthorized access. If there is suspicious activity while you are using the Site or there is suspicious activity on your Account, the Company may suspend your Account and ask you to provide additional information (including certification documents), and you are obliged to cooperate with the ensuing handling. If you find out that there is unauthorized access to your Account or other violations of security safeguards, please contact the customer service of the Company. The Company may terminate the Account of a Member who violates these Site Terms and may recover the damages and/or losses of the Company and/or any user of the Site.
You may terminate the terms and agreements with the Company, close your account at any time, and deal with the unfinished activities. Once the Company is required by laws and regulations or other competent government agencies to take any action, the Company shall have the discretion to decide what to do. You also agree that the Company, with its sole discretion, may stop or terminate your access to the Site and/or Account of the Site. Provided that the Company sees a possible violation, potential legal risk, or the Member's activity is not consistent with the purpose and goal of the Site (decided solely by the Company), the Company may take any technical or legal means to block such Member from accessing the Site.
THE SERVICES OF THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” AND THE COMPANY RESERVES THE RIGHT TO CHANGE EVERY SERVICE AND FUNCTION IN PART OR IN WHOLE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF QUALITY, FUNCTIONALITY, FREEDOM FROM LIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. NOTWITHSTANDING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO WARRANTIES THAT THE INTERNET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE, OR CONDITIONS, OR THE LIKE, OR THAT THE INTERNET SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR THROUGHPUT RATE. YOU SHOULD ALWAYS ENSURE THE ACCURACY OF ALL THE DATA OR INFORMATION YOU UPLOAD OR POST AND TAKE SAFETY MEASURES SUCH AS MAKING BACKUP COPIES YOURSELF. THE COMPANY DISCLAIMS ALL LIABILITIES FOR YOUR INABILITY TO USE OR ACCESS THE SERVICES OF THE SITE AND IS NOT RESPONSIBLE FOR NOTIFYING YOU IF DISRUPTIONS OCCUR. IF THERE IS ANY ERROR OR DELAY IN PROCESSING YOUR ACTIVITY ON YOUR SITE'S ACCOUNT, THE COMPANY SHALL HAVE THE RIGHT TO AMEND, REMOVE, REVOKE, OR DELETE SUCH AFFECTED ACTIVITIES AND IS NOT RESPONSIBLE FOR THE DAMAGES OR LOSSES INCURRED THEREOF.
You understand and agree that the Site does not moderate any user-generated content before it is published, nor does the Site have comprehensive control over a Member's activity. When you use or access any content on the Site, you agree that you have to make your own judgment and take all risks and responsibilities (including but not limited to the accuracy, integrity, and practicality of the content).
The Company has the right to remove the content that violates these Site Terms or is otherwise controversial at its sole discretion. You understand and hereby agree that the Company may preserve, archive, or disclose the content on the Site to government agencies, law enforcement agencies, guardians of minors, and other relevant members in the following circumstances:
- Upon the request of law or government agencies;
- For the operation of the Site;
- To prevent substantial injury to the rights and interests of another when necessary;
- To prevent imminent danger of life, body, freedom, or property; and/or
- To protect the Company, its employees, users, and/or members of the Site.
- Other circumstances where the Company deems necessary.
The Company has no responsibility to monitor the Site, its content, or any Member. However, the Company has the right to disclose any information and materials on the Site in compliance with the laws and regulations, orders of the court, and governmental requirements, or the terms of service of the Site. The Company may take any technical or legal means to keep the Site's orderly operation, to protect the Company, and/or to keep the safety of the Members. You understand that the Company may change these Site Terms at any time and without notice, so you shall regularly review the updates regarding these Site Terms.
The site may contain links to third-party content, products, or services, solely provided for the convenience of our visitors. We do not assume any liability for examining or warranting the accuracy of any third-party materials or websites. Your interaction with these third-party links is entirely at your discretion. Additionally, we may offer links to independent third-party websites for your convenience; however, it is important to note that we do not endorse their content or assume responsibility for them. Your use of these third-party links is entirely at your own risk, and you should exercise independent judgment when interacting with them.
Limitation of Liability
The Company shall not be liable for any direct, indirect, special, incidental, punitive, or consequential damages (including but not limited to defamation, interruption of work, computer failure or malfunction, loss of data, or other damage) arising from, resulting from, or connected to the use or inability to use the services of the Site, the use of other sites, or any content, materials, and functions on the Site or any related website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages. The Company shall not be liable for any errors, inaccuracies, or omissions in the content, materials, or functions on the Site or any related website. If your use of the Site, the content, materials, or functions of the Site, or the content, materials, or functions of the Site or any related website results in the need for servicing, repair, or correction of equipment or data, you shall assume all the costs.
You agree to indemnify, defend, and hold harmless the Company, its directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including attorney fees, arising from or relating to any violation of these Site Terms or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
Governing Law and Jurisdiction
The laws of Taiwan shall govern and construe these Site Terms and any separate agreements through which we provide you with our Services.
Any dispute or claim arising out of or in connection with these Site Terms and any other agreements related to our Service shall be exclusively subject to the jurisdiction of the Taiwan Hsinchu District Court. By agreeing to these Terms and Conditions of Use, you waive any improper venue defenses and objections to such exclusive jurisdiction, including but not limited to the ground of forum non conveniens.
Any disputes arising out of or in connection with your access to or use of the Site shall be resolved through mediation. If the parties are unable to resolve the dispute through mediation within a reasonable time (not to exceed thirty (30) days), either party may pursue any available legal remedies under applicable law. The mediation process and any subsequent legal actions shall be conducted in accordance with the laws of Taiwan, and the parties agree to submit to the exclusive jurisdiction of Taiwan Hsinchu District Court for any dispute resolution proceedings.
If you have any questions, concerns, or feedback regarding these Site Terms or the Site, please contact us at: