Terms And Conditions
Our terms of use
Welcome to www.glaciera.com (the “Site”). This site is operated by DAGEMCO LTD (the “Company”). Throughout the site, the terms “we,” “us,” and “our” refer to Glaciera. We use the term “Glaciera” to refer to our site at www.glaciera.com and our other mobile and online digital application (“App”) and services.
1. Accepting These Terms
This document and policies that we reference below make up our Terms of Use (the “Terms”).
By visiting our Site and/or purchasing something from our Site and/or subscribing to one of our paid plans, you agree to be bound by our Terms and policies. The Terms apply to all Site users, including without limitation users who are browsers, customers, registered users, subscribers, sellers, contributors of content, and/or digital products.
We strongly recommend that you read our Terms carefully and in their entirety before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by our Terms. If you do not agree to all the Terms, and policies of this agreement, you may not access the Site or use any services.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of the Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Please note that the Site is under constant development. Any new features or tools added to the current site will also be subject to the Terms.
2. The Policies
These policies help you understand the specific rules relevant to you, depending on how you use our services.
If you use any of our services, you agree to
✓ Our Terms and our Privacy Policy.
✓ Rules for Buyers – please see a section for the Purchasing Policy.
✓ Intellectual Property Policy
All of these policies are a part of our Terms, so please read the relevant ones for you.
3. Your Privacy
We know your personal information is important to you, so it is important to us. Our Privacy Policy details how your personal information is used when you use our services. Glaciera will use all information received by us from your use of our site following our Privacy Policy. Please read this for details of how we may process your personal data. By using our services, you agree that we can process your information in the ways set out in the Privacy Policy.
We employ cookies; by accessing Glaciera, you consent to the use of cookies following our Privacy Policy. Please read our Privacy Policy for details.
4. Our Services
Glaciera provides an online marketplace where users can find the following jewelry design product files:
✓ STL files
✓ 3dm files
✓ digital image files (png or jpeg formats
Through Glaciera’s publication and distribution of jewelry design product files to the online marketplace, users can browse and purchase an existing stl and/or 3dm design file from our catalogue, request and purchase a modified stl and/or 3dm design file, request and purchase a rendered image(s) of an existing or modified design, and subscribe to one of our paid plans (the “Services”).
To use and access most of our Services, you will need to register with Glaciera. Registered users will have full unrestricted access to Glaciera's 3D Model Marketplace and can browse and shop any of the listed products in the said marketplace. Section 6 will let you know all about creating a Glaciera account. Unregistered users of Glaciera can only filter and browse our Glaciera's 3D Model Marketplace but will be restricted from viewing the full features of our marketplace.
Registered users have access to purchase any of our listed products. Our Purchasing Policy is found below in Section 7.
5. Your use of our Services and Site
Glaciera grants users a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to our Terms.
In connection with using or accessing the Services and/or the Site, the below restrictions apply. You will not:
✓ use our Services if you are not able to form legally binding contracts;
✓ breach or circumvent any laws, third-party rights, or our systems and policies;
✓ use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the Site, without the Company’s express written consent;
✓ distribute viruses or any other technologies that may harm the Site;
✓ use any robot, spider, scraper, or other automated means to access our Services for any purpose;
✓ republish material from the Site;
✓ infringe the copyright and other intellectual property rights that belong to and are licensed to Glaciera;
✓ infringe any intellectual property rights that belong to third parties affected by your use of the Services;
✓ commercialize the Site or any information or software associated with the Site;
✓ commercialize the App or any information or software associated with the App;
✓ harvest or otherwise collect information about users, such as email addresses without their consent;
✓ circumvent any technical measures we use to provide the Services and to protect the Site.
Glaciera reserves the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
6. Registration
To use and access some of Glaciera’s Services, users will need to create an account with us.
6.1 Creating an account
The following rules apply to registration:
✓ You must be 18 years or older to use our Services;
✓ You must provide accurate, complete registration information. It is prohibited to use false information or impersonate another person or company through your account. Glaciera is entitled to rely on any information you provide to us;
✓ You will provide certain information about yourself such as name and email address;
✓ You will be asked to create and confirm your password on registration. You must protect your registration and account against unauthorized access. If you believe there has been any breach of security such as the disclosure, theft, or unauthorized use of your ID or any payment information, you must notify Glaciera immediately by e-mailing us at support@glaciera.com;
✓ You will receive a verification email upon submitting your registration info. You will have to click the link we email you in this verification email to fully activate your account with us. Before this verification, you will have restricted access to our features, and you will not be able to initiate or complete any purchases on our website.
✓ You are responsible for your account. You are solely responsible for all use of Glaciera made by you. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
6.2 Terminating an account
strong>Termination by you: You may terminate your account with Glaciera by emailing us at support@glaciera.com.
Termination by Glaciera: We may terminate or suspend your account and your access to the Services should we have reason to believe you and your use of the Services violate our Terms. We reserve the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you.
6.3 Varying the user’s access rights
We can vary the access rights of registered users who are not accessing through a paid subscription at any time at our discretion.
We offer various types of paid plans (subscriptions) [Coming Soon]. If you are interested in purchasing one of our subscription plans, please see Section 8 for details.
6.4 Discontinuing the Services
Glaciera reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in Glaciera’s policies under the Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income and your ability to generate revenue through the Services.
7. Purchasing Policy
Registered users will have access to purchase jewelry design files on our Site. On purchase and completion of an order to download a file, you become a customer. As a customer, you agree to be bound by our Terms and Glaciera’s Purchasing Policy, detailed below. Also, when you use any of the Services, you will be subject to the Privacy Policy.
7.1 Purchasing from our Jewellery 3D Model Marketplace
Registered users can purchase a list of product design from our marketplace.
To start the purchasing process for non-bespoke products, users can browse our marketplace manually or through our filtration system. Click on the design you like. On the design details page, choose which product you would like to order. The products offered are design file(s) in STL, 3DM, OBJ, or other digital file formats. Each format is a separate product that signed-in users can order whenever listed under the design. The selected product with a pre-fixed price will be added to the cart. On checkout, signed-in users will complete the payment process. Once payment is confirmed, the user will be notified by email as soon as all the files ordered are available for purchase.
Note that some files, but not all, are instantly available for download upon successful order and payment completion.
7.2 Purchasing Policy
Glaciera and the sellers charge for the Service(s) you purchased from the Site.
If and when you send Glaciera an image/design from which to create a CAD file or a piece of jewelry, you grant us a perpetual, universal, nonexclusive right and license to copy, display, modify, transmit, do derivative works of and distribute any image or related feedback that you provide to us for us providing Services to you.
You also grant us the right to use pictures of your image/design and pictures of the resulting jewelry item for marketing purposes.
Licenses: On compliance to our Terms And Conditions and completing a purchase, the user will receive a:
✓ Standard (Non-Exclusive) License to an STL and/or 3dm file.
Standard (Non-Exclusive) License for Non-Bespoke products: The Standard License is non-exclusive, perpetual, non-transferable (except as expressed here), non-sublicensable license to use, reproduce, archive, modify and display the design, in all media, for advertising, marketing, promotional and decoration purposes; and personal and non-commercial uses. The purchase includes access to download an STL and/or 3dm and/or render image files in exchange for a fee, as indicated on the Site. Glaciera reserves the right to keep the purchased design published on our Jewellery 3D Model Marketplace and continue making the same design available to other users for purchase on our Site.
Using the design for the client and/or employer: The user may use the purchased design to benefit a client and/or employer. When using the purchased design for the benefit of a client and/or employer, the user is obliged to transfer the Standard License to an STL and/or 3dm and/or render image file via an enforceable written agreement between the user and the user’s client and/or employer. The enforceable written agreement must include terms no restrictive than Glaciera’s Terms And Conditions. The user is solely responsible and liable for using the files by the client and/or employer. The user must obtain additional licenses for the same files if you intend to use the same designs to benefit other clients.
Transferring design file to employees and/or subcontractors: You may transfer files containing the stl and/or 3dm and/or render image files or permitted derivative works to employees or subcontractors, provided that such employees and subcontractors agree in an enforceable written agreement to abide by the restrictions in these Terms And Conditions and only use the stl and/or 3dm and/or render image files on your behalf. Except as provided here, you may not transfer the unmodified stl and/or 3dm and/or render image files, and employees and subcontractors have no additional rights to use the stl and/or 3dm and/or render image files.
Intellectual Property: You warrant that any images you share with us for any purpose, including but not limited to design modification projects, is original to you and does not infringe any intellectual property, including the right to grant us licenses. You are responsible for obtaining third-party licenses if required. The CAD design is covered and protected by the Company’s or the Seller’s copyright, trademark, and other intellectual property rights. When a customer purchases an stl and/or 3dm and/or render image file, a customer only purchases license(s) to the exact files purchased, following the Terms.
Glaciera may refuse to be involved in any project that it believes may violate third-party intellectual property rights, or for any other reason, at our discretion. You agree to indemnify the Company against any third-party claims for intellectual property infringement arising out of your use of the Services.
Restrictions: The users are subject to the following restrictions. You will not:
✓ use the stl and/or 3dm and/or render image files in any way that allows a third party to use, download, extract, or access the stl and/or 3dm and/or render image files as stand-alone files or in any way that exceeds the scope of this license to the stl and/or 3dm and/or render image files;
✓ take any action in connection with the stl and/or 3dm and/or render image files that infringes the intellectual property or rights of any person or entity, such as the moral rights of the Seller and the rights of any person who, or any person whose property, appears in the stl and/or 3dm and/or render image files;
✓ use or incorporate the stl and/or 3dm and/or render image files into a trademark, logo, or service mark;
✓ use stl and/or 3dm and/or editorially render image files without the accompanying credit line or attribution, placed in a way that is reasonable to the applicable use, in the following format: “Contributor Name/ glaciera.com,” or as designated on the site;
✓ remove, obscure, or alter any proprietary notices associated with the stl and/or 3dm and/or render image files, or give any express or implied misrepresentations that you or another third party is the Seller, author, creator, or copyright holder of the purchased stl and/or 3dm and/or render image files;
✓ provide or make the stl and/or 3dm and/or render image files available on any social media platforms such that one or more third parties can download, copy and/or share stl and/or 3dm and/or render image files.
When you purchase an stl and/or 3dm and/or render image files, customers only purchase licenses to use the stl and/or 3dm and/or render image files, following the Terms. Glaciera and/or the seller retain all title or ownership rights in and to the stl and/or 3dm and/or render image files.
Payment details: When you pay for the Service, you will be charged a fee. This fee is currently collected via Stripe (our “Billing Service Provider”) with their own legal terms. Fees must be paid in full, in advance.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or another payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You authorize the Company to bill you, and you agree to pay any charges incurred. If you dispute any charges, you must notify the Company within 30 days after the date you are billed.
Refunds: No refunds are provided for jewelry stl and/or 3dm and/or render image files provided by the Company. If there is a problem or a misunderstanding about a purchased stl and/or 3dm and/or render image file, the Company will work with you to try to resolve it. Please feel free to contact us with any questions or problems you may have at support@glaciera.com.
Disputes: We do not undertake to act as the arbiter of disputes between third party Sellers and customers.
8. Intellectual Property Policy
You acknowledge and agree that Glaciera and its licensors (including Sellers) retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. Glaciera reserves all rights that are not expressly granted to you under the Terms. Please see our Intellectual Property Policy for more information.
Glaciera has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from our Site. If content that you own or have rights to has been posted to the Site without your permission and you want it removed, please contact us with more information at support@glaciera.com
If a seller’s User Content is alleged to infringe another person’s intellectual property, Glaciera will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are a repeat infringer. We will notify you if any of that happens.
11. Disclaimer of Warranties; Limitation of Liability
We try to keep Glaciera and its Services safe, secure, and functioning properly. Still, we do not guarantee, represent, or warrant that your use of Glaciera will be uninterrupted, timely, secure, or error-free.
We shall not be liable to you in contract or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
✓ Your use of or inability to use our Services;
✓ Delays or disruptions in our Services;>
✓ Viruses or other malicious software obtained by accessing, or linking, to our Services;
✓ Glitches, bugs, errors, or inaccuracies of any kind in our Services;
✓ Damage to your hardware device from the use of our Services;
✓ The content, actions, or inactions of third parties;
✓ A suspension or other action taken concerning your registration, account, subscription
✓ You need to modify practices, content, or behavior or your loss of or inability to do business due to changes to this Terms of Use and our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you.
Glaciera cannot confirm and is not responsible for ensuring the accuracy or truthfulness of users’ purported identities or the validity of the information they provide to us or post on Glaciera.
Nothing in this Terms of Use shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees, or for any other liability that cannot be limited or excluded by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Glaciera, the Company. Our respective officers, directors, and employees from all claims, liabilities, costs, and expenses, including, but not limited to, attorney’s fees and expenses, arising out of a breach by you or any user of your account of the Terms or Privacy Policy or arising out of a breach of obligations, representation, and warranties under these Terms.
13. Governing law and jurisdiction
The Terms are governed by English law, and you agree to submit to the English courts' exclusive jurisdiction.
14. General
If any provision of these Terms And Conditions are held to be held invalid, void, or for any reason is unenforceable, such provision shall be struck out. It shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under these Terms And Conditions following the below (but without your prior express consent), provided that we assign these Terms of Use on the same terms or terms that are no less advantageous to you.
Headings are for reference purpose only and do not limit the scope or extent of such section. Our failure to act concerning a breach by you or others does not waive our right to act concerning subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms And Conditions.
If you have a dispute with one or more users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend these Terms And Conditions at any time by posting the amended terms on www.glaciera.com. All amended terms shall automatically be effective. Your continued use of our site and Services constitutes your acceptance of them.
The policies posted on our site may be changed from time to time. Changes take effect when we post them on Glaciera.
These Terms And Conditions and all policies posted on Glaciera are the entire agreement between you and Glaciera and supersede all prior understandings and agreements of the parties.