The information and any materials available on or from this website are protected by United States and international copyright laws and are the copyrighted works of Proto Labs, Ltd. Any unauthorised use, copying, redistribution, reproduction, publication or modification of that information or materials may violate federal, state, or international trademark laws, common law, patent laws, and/or United States or international copyright laws and may subject such a violator to legal action
Proto Labs®, ProtoQuote®, Protomold®, FirstQuote®, Firstcut®, and Fineline®, are the registered trademarks of Proto Labs, Ltd. All other Proto Labs brand or product names or logos on this website, including Real Parts. Really Fast™ are the trademarks or registered trademarks of Proto Labs, Ltd. The absence of a brand or product name or logo from this list does not constitute a waiver of any Proto Labs trademark or other intellectual property right concerning that name or logo.
Nothing contained on the website should be construed as granting, by implication, any license or right to use any Trademark displayed on the website without the written permission of Proto Labs, Ltd.
We welcome you to the Proto Labs websites, including protolabs.co.uk, protomold.co.uk, firstcut.eu/gb and the other websites that display these Terms and Conditions of Use (collectively, the “Website”). The Website is operated by Proto Labs, Ltd. ("Proto Labs", "we", or "us"), located at Halesfield 8, Telford, Shropshire TF7 4QN, England.
Through the Website, you can obtain information about our services, request a quotation through our Proto Quote® or First Quote® online quoting tools, place orders for products and receive such other services as we may offer from time to time (collectively the “Services”). Your access to and use of the Website and the Services are subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.
We reserve the right to update or modify these Terms and Conditions at any time, without prior notice, by posting any such revised version of these Terms and Conditions behind the link marked "Terms and Conditions of Use" at the bottom of each page of this Website. Your continued use of the Website after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
Unless otherwise indicated, the Website and Services together with their design, text, content, and other matters related to the Website and Services ("Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, and all rights therein are the property of Proto Labs, or third parties who have granted us permission to use their Content. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission. We grant you permission to lawfully access and use the Website to upload models, display, download, and archive and print, portions of the Website on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks and Service Marks
All of Proto Labs’ logos, product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Proto Labs (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorised to display or use the Marks in any manner without our prior written permission.
The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
You represent and warrant that you own or have the right to submit the design, drawing, model or prototype (“Model”) to use through the Website for the purpose of obtaining Services. You hereby grant Proto Labs a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the Services you have requested.
In the event that You modify contact information related to a Model, You further agree that you: a) are authorised or have authorised a person to modify contact information; b) have accurately entered all such contact information; c) You are solely responsible for the consequences of any errors in the entry of contact information; and d) You are solely responsible for all use of this website by anyone you designate to have access to such Models, including any changes made to Models.
PAYMENT AND FEES
You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the ProtoQuote and Order Terms and Conditions of Sale (as applicable).
The Website may contain links to other websites maintained by Proto Labs or unrelated third parties. A link to a third party’s website does not mean that we approve, endorse or accept any responsibility for that website, or the use of products and services available through such website. We do not make any representations, or give any warranties, expressed, implied, or otherwise about third party websites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, INCLUDING ANY QUOTES PRODUCTS OR SERVICES YOU RECEIVE FROM THIS WEBSITE, WHICH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALISED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY MODELS SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which they are linked.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Proto Labs AND ITS PARENT, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS AND ASSIGNS, HEREBY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED FIVE DOLLARS (£5.00).
Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you.
You represent that you are at least 18 years old. You agree to provide true, accurate, current and complete information about yourself.
You agree to use the Website in a manner consistent with any and all applicable laws, rules, regulations, and these Terms and Conditions. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Your account, including your user name and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name or password by you or by anyone else using your user name and password, whether or not authorised by you. You will immediately inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your username or password (contact us at [email protected]) and until we are so notified you will remain liable for any unauthorised use of your account.
Any unauthorised modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Proto Labs reserves all rights and remedies available to it. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions and your access to and use of the Website.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) with or without notice. We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will be governed by and construed under the laws of England, without regard to conflict of law principles. The Website is intended to be accessed only by persons in the European Union. Access to, or use of, this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website. You hereby consent and waive all objection to the exclusive jurisdiction of the courts of England and venue therein to resolve any controversy or claim arising out of or relating to use of the Website. If you have any questions, you may contact us via email at [email protected], by phone at +44 (0) 1952 683047, by fax at +44 (0) 1952 683048 or by mail at Halesfield 8, Telford, Shropshire, TF7 4QN, England.
Updated: May, 2018
This Privacy Notice (the “notice”) sets out how we, Proto Labs, Limited of Halesfield 8, Telford, Shropshire, UK and each of its local and international subsidiaries, business units and sales offices from time to time (Group, we, us, our) process the personal data of individuals (each a “User”, “you”, “your”) who contact us or who use our websites, services, programs, content and related features (collectively, the “Services”) or who visit us at trade shows, events or at our premises.
This notice, together with our Conditions of Use and any other documents referred to in these documents, set out our views and practices regarding your personal data and how we will treat it. Please read these documents carefully. By visiting our website or using our Services, you acknowledge the processing described in this Notice, our Conditions of Use and related documents.
We will let you know, by posting on our website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
Our Services are not intended for children under the age of 13. We do not knowingly collect, use or disclose personal data from or about visitors under 13 years of age. If you are under the age of 18, you must obtain the consent of your parent or guardian to use our Services and to provide us with your personal data.
This version of our privacy notice was published in May 2018.
What are personal data?
“Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies, call recording and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.
What personal data do we process?
We may process the following personal data:
- Information provided by you. You may give us information about you by filling in forms such as the contact form on our website, subscribing to Services, requesting a quote, ordering a product, entering a contest, responding to a promotional campaign, responding to a survey, making applications in respect of job postings, uploading information, corresponding with us by e-mail, phone or otherwise. This information may include your name, email address, billing address, shipping address, phone number, position and place of employment, payment information, the content of any email you send to us and similar information.
- Information about others. You may also provide to us personal data relating to third parties, such as people who you work with, the person who pays for your orders, your friend if you use our referral service to tell a friend about our products, services or promotions, and other individuals.
- Information about your device.With regard to each of your visits to our website we may collect technical information about your device such as IP address, operating system, browser, time zone setting, the Internet address of the website from which you linked directly to our website, URL clickstream data, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- Information from third party sources. This may include information received from credit reference agencies, shipping companies, our service providers and other third parties.
Generally, you are under no obligation to provide this information, but without it, we may be unable to provide you with some of our Services. We may require credit reference agency information before entering in a service agreement with you. Some personal data will be mandatory in order for us to comply with mandatory client due diligence processes before we are able to provide the Services.
Information about third parties should only be provided if you have demonstrable permission to do so or if the information is available in the public domain.
We will rely on the information provided by you as accurate, complete and up to date and you agree to ensure that this will be the case.
How do we use your personal data?
We will only process personal data, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications;
- providing the Services including our website and related features, sale of products and services, subscriptions and other Services;
- enabling suppliers and service providers to carry out certain functions on our behalf in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical and other functions, as applicable;
- allowing you to use features on our website, when you choose to do so;
- sending you personalised marketing communications as permitted by law or as requested by you. You have the right to unsubscribe by email to [email protected];
- serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below. You have the right to disable cookies as set out below;
- publishing marketing materials, such as User testimonials. If you wish to make the request that your testimonial be removed you may contact us at [email protected];
- operating contests, such as our Cool Idea Award Submission. Your submission and your personal data will be accessed by our Cool Idea judges and authorised personnel;
- connecting you to third party features, such as social media. Our Websites may include social media features, such as the Facebook “Like” button, or other functionality, such as the “share this” button. These features may collect your IP address or the page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy statement of the company providing them;
- contacting third parties, such as sending a friend referred by you a one-time invitation;
- ensuring the security of our business and preventing and detecting fraud;
- administering our business, including complaints resolution, troubleshooting of our website, data analysis, quality control, staff training, testing of new features, research, statistical and survey purposes;
- developing and improving our Services; and
- complying with applicable law, including in response to a lawful request from a court or regulatory body.
The legal basis for our processing of personal data for the purposes described above will typically include:
- processing necessary to fulfil a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs a), b), c), d) and j);
- your consent, such as processing for the purposes set out in paragraphs e), f), g), h) and j);
- processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs a), b), c), d), g), i), j),k), l) and m), which is carried out on the basis of our legitimate interests to ensure that Services are properly provided, ensure the security of our business and our Users and for the proper administration and development of our business;
- processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph n); and
- other applicable legal grounds.
The cookies placed on our website. For example, we may use the following cookies on our website:
- Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
- Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies. For example, this website uses Google Analytics to help analyze how Users use the website. The information generated by the cookie about your use of the website (including IP address) is transmitted to Google. This information is then used to evaluate Users’ use of the website and to compile statistical reports on website activity for the Group.
- Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
- Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
- Social Media cookies. These cookies allow you to connect with social media networks such as Facebook, twitter, LinkedIn and Google+. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
- Other cookies and similar technologies from time to time.
We may combine information from these types of cookies and technologies with information about you from other sources.
Cookie consent and opting out. By using our Services, we assume that you are happy for us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. Learn how to disable cookies for your browser here. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
You may also opt-out from third party cookies by selecting appropriate options on http://www.youronlinechoices.com/uk.
Disclosure of personal data
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. These scenarios include disclosure to:
- our Group companies worldwide, including in the EU, USA, Japan and elsewhere;
- our suppliers and service providers to facilitate the provision of the Services, including webhosting, identity verification (in order to verify your identity against public databases), customer services, job application portal, payment platform, analytics, consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
- subject to appropriate legal basis such as consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
- payer, such as your employer or principal, who pays for our products and services;
- successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to our business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
- public authorities where we are required by law to do so; and
- other third parties where you have provided your consent.
International transfer of your personal data
We may transfer your personal data to a third party in countries outside the country in which the personal data were originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred across our group of companies to the US and other countries. Where this is the case, we will ensure that appropriate transfer mechanisms, such as standard contractual clauses, are in place to ensure an adequate level of data protection.
If we transfer personal data to private organisations abroad, such as our suppliers and service providers, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means, such as standard contractual clauses. You may contact us for a copy of such safeguards in these circumstances.
Retention of personal data
We retain personal data for as long as is necessary for the purposes listed above or longer as may be required by the law. Please contact us for further details of applicable retention periods.
We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Security of personal data
We will use appropriate technical and organisational information security measures to try to prevent unauthorised access to your personal data. Some of these measures include encryption software, firewalls, and use of Secure Socket Layers (SSL) protocols. We offer a two-step verification process when you access your online account.
However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we cannot control the whole of the internet and we cannot therefore guarantee the security of your information as it is transmitted to and from our website.
Where you have created or received a password or verification link which enables you to access certain parts of our website or content, you are responsible for keeping such information confidential. We ask you not to share such information with anyone.
Data subject rights
Data subjects may have numerous rights in relation to their personal data. For further information about your data protection rights please visit the ICO website.
- Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other individuals. Each request should make clear that a SAR is being made. You may also be required to submit a proof of your identity and any payment permitted by law, where applicable.
- Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.
- Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by us on the basis of their previous consent. Such withdrawal will not affect the lawfulness of processing based on such previous consent.
- Right to object to processing including automated processing and profiling. Profiling may be carried out for business administration purposes, such as monitoring trends in User visits of our website and in order to deliver relevant ads to Users’ devices. We will comply with valid objection requests unless we have a compelling overriding legitimate ground for the continuation of our processing or we have another lawful reason to refuse such request. We will comply with each valid opt-out or similar request in relation to marketing communications.
- Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our business record retention obligations that we have to comply with at law.
- We will restrict our processing of personal data when dealing with data subject requests in various circumstances, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing of your personal data in a certain way.
- Right to data portability. In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine-readable format and have it transferred to another provider of the same or similar services. We do not consider that this right applies to our Services. However, to the extent it does, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be retained for legitimate and lawful purposes.
- Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process their personal data. However, each data subject has the right to contact the relevant supervisory authority directly. A list of supervisory authorities is available here.
Third party sites
Third party policies for related services and offerings (such as YouTube and Facebook) linked to or from our Services have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Since we do not have control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend you review their policies before you provide any personal data or complete any transaction with them.
Participation in the “Cool Idea Award” competition by Proto Labs Ltd. (hereafter Protolabs), as well as its conditions and execution shall be governed by these General Terms and Conditions only. By participating in the competition the participant hereby accepts the Rules and Terms herein as binding and submits to them without any reservation.
§ 1 Generally
(1) Purpose of the competition shall be the advancement of start-up enterprises and craftsmen in realisation of ideas concerning product design, in particular the development and layout of prototypes.
(2) Thus the competition is directed to traders who are interested in realising and developing their product ideas for the market.
(3) Aim of the competition is together with the winner to produce a prototype of the winners design. Thus any payments in cash of the prizes value (full or in part) are specifically excluded and therefore do not take place.
§ 2 Terms of Application
(1) Eligible are only tradesmen with their seat within Europe, the European Economic Area (EEA, including Croatia) or Switzerland. In case the tradesman is an individual, a minimum age of 18 years is required for participation.
(2) Not eligible are employees of Protolabs, her managing directors, members of the competition Jury, as well as their close relatives. Furthermore not eligible are all entities, in which any of the aforementioned persons is directly or indirectly a shareholder or suppliers and repeat customers of Protolabs. A prohibition on participation does also exist for entities, managing directors or employees of companies of Protolabs Group as well as their close relatives. Protolabs shall be entitled to disqualify any participant from the competition in accordance with § 8 of these terms and conditions, claim back any benefits already granted and/or deny any prizes or winnings at their own discretion without naming any reasons, for any violence of these regulations.
§ 3 Application Period
(1) The competition comprises four quarterly award periods within the time frame from January 1st 2019 until December 31st 2019. The winner or winners will be decided by a competition jury (jury) with a minimum of 3 judges including a lead judge making the final overall decision in case an equality of vote might occur. For each awarding only the designs will be admitted, which are submitted in full and in the form required within the respective quarterly award period, i.e.before March 31st 2019, June 30th 201, September 30th 2019 respectively December 31st 2019 (closing date) to Protolabs. The date of receipt by Protolabs is imperative.
(2) Each design may only be awarded once with a prize over the one-year overall duration of the competition. Each participant is allowed to file four different designs, which have to significantly differ from the other designs filed by the participant in both, type and layout. If a design is significantly different from any other design already filed will be determined by Protolabs in its own discretion. The decision is definite and does not require reasons. The participant shall not have any legal claim concerning admittance or a further determination by a third party.
(3) It is in Protolabs sole discretion to exclude designs from the competition if they were not submitted duly, in time or were sent in repeatedly being already awarded. Protolabs shall not be required to give any reasons, neither for an admission nor for a rejection of a design to participate. Protolabs may in particular admit designs to the first award period in case they were submitted before the official beginning of the competition and therefore ahead of the time frame. Nevertheless, also in this case a legal claim for admission to the competition is not given.
§ 4 Participation
(1) Registration is only possible online via the submission platform (https://protolabs.submittable.com/submit). In order to participate in the program the participant has to submit all documents electronically in the format and procedure requested there, as well as accept and entirely and in good time fulfil the conditions set out in these General Terms and Conditions. Applications sent to Protolabs in any other way, in particular via E-Mail or mail, may be excluded from the competition without giving reasons or any notice to the sender.
(2) Protolabs shall not be liable for any flawed submission, either for failures during the electronic transmission or malfunctioning end-devices. The proof of sending of an application shall not be deemed any proof of receipt by Proto Labs.
(3) Other than individual applications, in particular mass sendings, automated sendings via software, macros or other automated technique are not permissible and will in any case result in disqualification of the participant for the whole term of the competition. § 8 shall apply.
(4) In case the participant is a legal entity, the sender guarantees his duly authorisation to act on behalf of the company. Protolabs shall not be obliged to verify the power of attorney. The sender obtains full, direct and unlimited liability for the accuracy of his statement. He will reimburse Protolabs for any costs and expenditures resulting from any lack of authorisation. Any violation of this § 4 sec. 4 entitles Protolabs to disqualify the sender in accordance with § 8. The submission by an unlawful representative does not result in a participation of the represented, even if authorisation is given retroactively.
§ 5 Requirements for the designs
(1) The design must be so that it is suitable for additive manufacturing, CNC machining or injection moulding.
(2) The design needs to consist of a 3D-CAD-model and fulfil the upload requirements as stated on the Application website.
(3) Any specifications of the design have to be either in German, French, Italian or in English language.
(4) All dimensions of the design must comply with the metric system.
(5) The design must be entirely original to the applicant. Generally this is the case if design represents a product of one’s own mind created solely by the applicant, and does not consist in a copy or imitation; modifying, enhancing or altering a third party’s pre-existing work.
(6) By submitting his design the participant confirms that the design does not infringe restrict or violate third person’s rights, in particular no copyrights, designs, trademark or other intellectual property rights. The design must not require for its implementation, production, manufacture or otherwise use the consent of third parties, provided that consent for participation in this competition and the realisation of the prize would be required.
(7) The design must not, not even in parts, be subject or expected subject of any court action.
(8) Designs, which have already won prizes in other competitions or have been published in other ways, are excluded from participation. The same applies for designs, which were developed in the course of a government program or under governmental aid.
(9) Designs must not be suitable to pose a risk to physiologic or psychological health of the employees of Protolabs or third persons, or are not compliant to the moral standards of Protolabs. This is particularly the case with weapons, any devices dedicated to or suitable for the killing or wounding of lifeforms, as well as potentially offending designs or such with a sexual content or purpose. This applies to designs as whole as well as mere parts, even if they are only subordinate in their importance to the overall design.
(10) It is in the sole discretion of Protolabs to decide, whether the conditions above are met.
(11) The participant holds Protolabs and all companies of Protolabs Group harmless for any demands, costs or claims of third parties, to the extent they stem from any violation of the prerequisites set out in § 5. To the extent Protolabs or any Protolabs Group companies incurs any costs or expenditures proven necessary for fighting off any claims by third parties, the participant will reimburse for this also.
§ 6 Selection/ Obligations of the Award Recipient
(1) Any design, which fulfils the conditions for participation, will be evaluated by the Jury. There is no right of access to or appeal against the evaluation by the Jury. The selection criteria, which lead to the awarding of the winners, are at the sole discretion of Protolabs.
(2) Any costs incurred to the participant in connection with the creation and submission of the design, are to be borne by participant. A refund by Protolabs will not take place, irrespective the success of the participation in the competition.
(3) Protolabs is entitled to pose questions to the participants, concerning the specifications and details of the design, to the extent this is necessary for the evaluation or manufacture of the participants design. The participant accepts his obligation of answering these questions comprehensively and to the best of his knowledge. In case the information given by the participants remains incomplete, flawed or making evaluation or manufacture of a prototype in any other way impossible or essentially more difficult for Protolabs, Protolabs shall be entitled to disqualify the design from the competition, also retroactively, in accordance with § 8. Protolabs shall be not obliged to correct or complete the design, in order to enable evaluation or production.
(4) Awarding and receipt of the prizes will only be granted if all of these Terms and Conditions are met by the participant. The awarding by Protolabs shall not be deemed a precedent for the duly fulfilment of the Terms and Conditions. In particular even after receipt of the prizes a retroactive disqualification is permissible in case of a violation of the participation terms.
(5) In case the prizes are subject to taxation or any other public charges with the participant, these are to be borne by the participant to the extent legally permissible. There is no reimbursement by Protolabs.
§ 7 Notification of the winners
(1) The winners will be notified about his award personally, via phone, mail or e-Mail. The choice of the method of notification is at the sole discretion of Protolabs.
(2) Protolabs will not accept any liability for the receipt of the notification by the winner. There is no obligation for Protolabs to repeat the notification, whether via the same method or any other, if not Protolabs is responsible for the failure of notification.
(3) Failed notifications are deemed notifications according to § 9 sec. 2, if not Protolabs is responsible for the failure.
§ 8 Disqualification
(1) In case the participant violates one or several terms stated by in these Terms and Conditions, he may be disqualified by Protolabs from one award period or the entire competition (disqualification).
(2) In the case of a disqualification the participant is obliged to make a full restitution of any prizes awarded or, in case this is not possible, compensate Protolabs. Protolabs is also entitled to refrain from handing over any prizes already promised. Claims of compensation for further damages by Protolabs are reserved.
(3) The disqualified participant is not entitled to reimbursement for any costs incurred due to the participation in the competition.
§ 9 Awards
(1) Over the on-year term of the competition prizes in an overall value of up to £50,000.00 or EUR 58,000.00 will be awarded in four quarterly award periods. The amount of winners as well as the value of the prizes awarded will be determined by a jury, whose members will be solely selected by Protolabs at its own discretion. Protolabs is entitled to award all, no, individual, or a multitude of designs in each award period, depending on quantity and quality of the designs submitted.
(2) A prize consists of Protolabs producing one free prototype of the awarded competition design submitted by the participant. The prize can be claimed within a term of ninety days starting with the notification to the winner. Extent and nature of the prize are exclusively as stated in the notification sent to the winning participant. Any claim by the participant, deviating from extent and nature as described in the notification, especially any partial claim, is not permissible.
(3) Once handed over the completed prototype becomes the property of the participant. Any tools used in manufacturing of the prototype its single components, in particular the moulds specifically made for this purpose, remain property of Protolabs and may be rebuilt, stored and, to the extent necessary for the process of the competition or possible follow-up orders, used by Protolabs without any consideration becoming due to the participant. For this purpose, Protolabs will store and save the documents and specifications submitted by the participant in the course of this competition. The participant explicitly confirms his consent with manufacturing, storing and usage of his designs and the tools and moulds responding to his drafts. Apart from this all rights in connection with the design remain with the participant. The participant shall be entitled to revoke his consent concerning storing of the drafts, as well as reproduction and usage of the moulds produced for the manufacturing of the prototypes in writing towards Protolabs anytime after completion of the competition.
(4) The manufacturing of the prototype will be done exclusively by additive manufacturing technique, CNC machining technique and/or injection moulding technique. The actual techniques to be used are subject to the sole determination of Protolabs. The participant is not entitled to demand any specific technique for manufacturing the prototype, especially any technique apart from the ones named above.
(5) The prototype is only manufactured for usage by the participant. As a prototype it is not intended for sale or passing on to any third persons. If and to the extent any corresponding claims are being brought forward against Protolabs stemming from the product liability code or any other basis for claim, the participant will fully reimburse Protolabs. To the extent Protolabs incurs any costs or expenditures proven necessary for fighting off any claims in this context, the participant will reimburse Protolabs for this also.
(6) The manufactured prototype is subject to warranty in commercial transactions according to law. Protolabs does not accept any liability concerning technical functionality, usability or marketability of the prototype or any follow-up product based thereon. Additionally, Protolabs does not accept any liability for the legal usability or marketability of the prototype or any follow-up products. The liability is with the participant only. In particular selection by the Jury does not represent any examination of the design concerning any of such qualities.
(7) The price is not transferable to other persons or designs. Payment of the prize in cash does not occur, neither in part or in full.
§ 10 Release
(1) The participant entitles Protolabs by submitting a design free of charge and irrevocably:
a) To save and process the specifications for purposes and at least the term of this competition. After the conclusion of this competition a revoke is permissible under the terms of § 9 sec. 3.
b) In case of an award to produce tools and moulds for the purpose of manufacturing of a prototype. Moulds and tools become the sole property of Protolabs.
c) To publish pictures, drafts and descriptions of the prototypes in all media Protolabs deems suitable and on the website of Protolabs as well as all websites of Protolabs affiliates.
d) To publish the participants name in the case of an award win or Honorable mention, including seat and image of the company logo, to the extent existing. This entitlement does also include later corrections or amendments of the data by Protolabs.
(2) For the rest all copyright and usage rights of the design shall be with the participant.
§ 11 VAT and invoicing procedure
(1) Taking into consideration VAT law as well as applicable European legal standards a win at the “Cool Idea Award” has to be classified as a so called “exchange deal” or as an “act similar to an exchange deal” between entrepreneurs. As performance/service and return-service we have on the one hand side the manufacturing of a prototype and on the other side the submitted idea/design.
(2) Taking into consideration these requirements, Protolabs will determine the applicable basis of assessment for VAT purposes in each individual case and on basis of this determination will file an invoice as service-provider to the Winner for the manufacturing of the prototype. In addition Protolabs will file also on basis of this determination a so called “credit note”, which can exceptionally be issued by the service-recipient (Protolabs) to the service-provider of the idea/design (Participant/Winner).
(3) The Participant is obliged, to provide Protolabs with any necessary invoice-information, in particular whether the Participant is a so called small-scale-entrepreneur, who does not invoice including VAT.
§ 12 Miscellaneous
(1) Should one or several provisions of these Terms and Conditions be or become partly or entirely invalid or unfeasible, or should the Agreement contain a gap, this shall not affect the validity of the other provisions.
(2) The competition and all claims arising thereof shall be governed by the law of the Federal Republic of Germany only.
(3) Place of jurisdiction for all legal action shall be the local or the district court of München, Germany, if not mandatory regulations demand otherwise.
(4) In case of any discrepancy the German wording of these Terms and Conditions shall apply.
Reviewed May 2018
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