Terms and conditions – Crackpot Assembly

Crackpot Assembly Inc (Crackpot Assembly”, “we”, and “us”)

You must be 16 years of age or older to use this site because of US online privacy laws concerning minors (COPPA).

Last updated: on July 13, 2024

1. TERMS

This Website is provided by Crackpot Assembly. By accessing this website, you are agreeing to be bound by these Terms and Conditions of Use (“Terms and Conditions”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time.

2. INTELLECTUAL PROPERTY & RESTRICTION

This website contains materials and other items relating to Crackpot Assembly and its products and services (the “Content”). The Content includes, but is not limited to information, data, text, images, graphics, registered and unregistered trademarks, illustrations, videos, software, audio clips, 3D Models (as defined below), or other forms.

All Content is copyrighted and subject to other intellectual property laws and is either owned or used with permission by Crackpot Assembly. This includes but is not limited to all parts, pieces, sections, and designs of environments, 3D Models, equipment, accessories, and items in the Builder Tool, both in aggregate and as separate pieces. Except as set forth in this User Agreement, you may not reproduce, distribute, transmit, modify, adapt, translate, distribute, sell, licence, publish, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content.

You may download copies of the materials (image capture/screenshots) on Crackpot Assembly’ website for personal, non-commercial use only. These personal, non-commercial purposes include networked and public viewing such as on social media or during remote or digital gameplay through authorised virtual tabletop applications. Crackpot Assembly grants you a licence to use the site and service subject to these Terms and Conditions, and nothing herein shall be construed to transfer title of any Content or Assemblies, which as set forth above, are owned exclusively by Crackpot Assembly. Under this licence you may not:

use the materials for any commercial purpose;
input, use or process the materials or any Content with any AI training software or algorithm, including, without limitation, in connection with or for purposes of deep learning;
attempt to decompile, copy, access or misappropriate or reverse engineer any software or source code contained on the Crackpot Assembly web site or pursuant to which it runs or is displayed;
remove any copyright or other proprietary notations from the materials.

You further agree not to or permit any other person to:

transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of the site;
violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
gain unauthorised access to the site; or
improperly display any TCP/IP packet header or part of the header information in any email or other postings or use any iframes;
upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
defame, abuse, harass, stalk, threaten, spam other users or continually send them unwanted emails or communications, solicit other users for business or commercial purposes, or otherwise violate any legal rights (including the rights of privacy and publicity) of others;
upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message;
promote or engage in discrimination, bigotry, racism, hatred or harassment against any individual or group;
use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
act in a deceptive manner or impersonate any person or organisation;
harm or exploit minors;
upload or share any purchased 3D Models to a third-party site, application or service, e.g., Steam, for redistribution; or
collect information about users of the services or the site in violation of these Terms and Conditions or interfere with any third party’s ability to use or enjoy, or our ability to provide, the services or site.

This licence shall automatically terminate if you violate any of these restrictions. This licence may be terminated by Crackpot Assembly at any time. Upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2.1 DOWNLOADABLE 3D MODEL FILES

Crackpot Assembly offers or may offer for purchase downloadable 3D model files that may include 3D Models. Except as expressly provided in these Terms, Crackpot Assembly retains all ownership, right, title, and interest in the 3D models. The 3D Models may be printed or otherwise used for personal, noncommercial use and may not be resold, redistributed, or made available to third parties. Physical items printed from the 3D Models may not be sold or otherwise used commercially for any purpose, including as part of a larger project.

3. ACCOUNT REGISTRATION; ACCOUNT USE

3.1 ACCOUNT REGISTRATION

If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).

3.2 SECURITY OF YOUR ACCOUNT

You agree to notify Crackpot Assembly immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Crackpot Assembly or a third party due to someone else using your account.

3.3 NO OBLIGATION TO RETAIN A RECORD OF YOUR ACCOUNT

Crackpot Assembly has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the services.

3.4 USER PROFILES, ACCOUNT SETTINGS, SHARING, FOLLOWING AND SEARCHES

Users with an account on Hero Forge may create a profile of themselves with certain information that they choose to share, subject to these Terms and Conditions, including, without limitation, Section 7 below (“User Profiles”). We strongly encourage you to protect your personal information at all times, including when creating a username and your publicly accessible User Profile information and not to disclose it to anyone.

In a user’s account settings, the user may choose to share Assemblies they have created on or through the site with other users and make characteristics thereof, such as names, titles, and descriptive elements thereof publicly searchable. Users will be able to follow other users whose Assemblies they like.

We provide a feature for users to comment on publicly shared Assemblies on their character design pages. You are not allowed to share personal information of others, including through any comment or message posted on Character Design walls. Personal information includes:

Full name
Email
Password
Home or other address
Telephone number
Social security, passport, or national identity number
Real life, personal, or family photos (these are not permitted to be uploaded for community safety); and
Other personally identifiable information

4. TERMS OF SALE

The following terms apply to your purchase of the products offered on the website, whether by way of a Subscription, “add-on” product, or otherwise (“Products”). The Products are for personal use only. You may not sell or resell any of the Products or services you purchase or otherwise receive from us. We have the right to refuse or limit any orders, and to limit quantities. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion, including, without limitation, if we believe that your order may result in the violation of our Terms and Conditions (including our Privacy Policy).

4.1 PRODUCT DESCRIPTIONS

We try to make the website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologise in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Moreover, we attempt to be as accurate as possible when describing our Products, however, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colours or other content available on the site are accurate, complete, reliable, current, or error-free.

4.2 AVAILABILITY & PRICING

Crackpot Assembly reserves the right to change the prices and available Products and Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. We may occasionally make errors in the stated prices on this website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

4.3 PURCHASING PRODUCTS

The display of Products on the website invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by charging you for the Products. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment or delivery in the event of inaccuracies, errors, Product unavailability, or for any other reason.

4.4 ORDERS

We have the right to refuse or limit any orders, and limit quantities. We will not be liable if a Product is unavailable or if shipment or delivery is delayed.

An Order may only be cancelled if the STL file has not been downloaded and 7 days have not passed.

After that, the orders are non cancelable. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion.

4.5 RETURNS

Except as expressly stated otherwise herein, we do not allow returns or substitutions of Products. All sales are final.

4.6 STL ERRORS

If you’ve downloaded an STL with errors attributable to Crackpot Assembly we will do our best to fix them for you. If the errors are a result of user-error, we will still likely try to help you, but it’s at our discretion.

4.7 PAYMENT

You authorise us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:<

(a) you providing complete personal, account, transaction and any other information needed,
(b) authorization of the payment by your credit or debit card company, and
(c) acceptance of your payment.

You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the website or the services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the website or the services in breach of these Terms and Conditions; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

4.8 TRANSFER OF TITLE AND RISK OF LOSS/DAMAGE

Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to you directly in the case of digital delivery or to the common carrier for shipment in the case of physical Products. By purchasing Products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

4.9 TAXES

Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

4.10 GIFT CERTIFICATES

Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.

5. THIRD-PARTY CONTENT & SERVICES

The website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the website may contain links to third-party websites. Crackpot Assembly is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites. Third parties may offer their services directly to you through the website. In such a case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Crackpot Assembly will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

6. CONTRIBUTIONS TO CRACKPOT ASSEMBLY

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the website or otherwise provide to us, including, without limitation, any content you include in a User Profile you may create on our website, but not any Assemblies, which are owned exclusively by Crackpot Assembly as set forth in Section 2 above, are referred to as “User Content.” The following Terms apply to User Content:

6.1 LICENSE TO CRACKPOT ASSEMBLY

By sharing, submitting or uploading any User Content, you grant Crackpot Assembly a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable licence to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble, market for our own purposes, and create derivative works from your User Content in any manner existing now or created in the future. Subject to the licence above, you retain ownership of User Content./p>

6.2 WAIVER OF MORAL RIGHTS

You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you may have to prevent us from exploiting the rights granted in Section 6.1.

6.3 RIGHT TO NAME & LIKENESS

You also grant us the right to use and display the name, photograph and any other information that you submit with any User Content for use in a User Profile you may create on our website.

6.4 YOUR RESPONSIBILITY FOR USER CONTENT

Crackpot Assembly has no ability to control the User Content you may upload, post or otherwise transmit using the service and does not have any obligation to monitor such User Content for any purpose. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the website. Accordingly, you represent and warrant that: (1) you have all rights, licences, consents, and releases necessary to grant Crackpot Assembly the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Crackpot Assembly Studio’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. Moreover, you may not use and Crackpot Assembly will not use or permit you to use any User Content, including any designs or content you wish to use with our services, that, without limitation, violate any of the restrictions in 2 above or:

Encourages violence or hatred against individuals or groups;
Includes hate speech or symbols;
Promotes, feature, or encourage the use of hard drugs;
Features explicit sexual content or nudity;
Includes sexually suggestive images or text involving children;
Promotes, features, or encourages underage drinking, smoking, or marijuana use
Includes crass vulgarity, lewd language, or swear words.

6.5 NO OBLIGATIONS REGARDING USER CONTENT

We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

7. INFRINGEMENT

7.1 INFRINGEMENT NOTIFICATION

Crackpot Assembly respects the rights of others and we expect users of our website and services to do the same. These Terms and Conditions prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others or otherwise violates these Terms and Conditions.

8. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY

8.1 NO WARRANTIES

THE WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. Crackpot Assembly DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Crackpot Assembly DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

8.2 USE OF SITE IS AT YOUR OWN RISK

CRACKPOT ASSEMBLY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. CRACKPOT ASSEMBLY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. CRACKPOT ASSEMBLY WILL NOT BE RESPONSIBLE FOR ANY THIRD- PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. CRACKPOT ASSEMBLY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

8.3 NO CONSEQUENTIAL DAMAGES

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL CRACKPOT ASSEMBLY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY CRACKPOT ASSEMBLY” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, SERVICES OR PRODUCTS, EVEN IF CRACKPOT ASSEMBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. CRACKPOT ASSEMBLY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.

8.4 OUR LIABILITY IS LIMITED

IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT CRACKPOT ASSEMBLY MAY NOT EXCLUDE UNDER APPLICABLE LAW.

9. INDEMNITY

You agree to defend, indemnify and hold harmless Crackpot Assembly, its affiliates and their respective directors, managers, officers, attorneys, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms and Conditions by you or (b) arising from or related to our use of your User Content in the context of the website. You may not settle any such claim without our express written consent. This defence and indemnification obligation is intended to extend to the fullest extent permitted by applicable law and will survive these Terms and Conditions and your use of the Site.

10. REVISIONS & ERRATA

The Content appearing on Crackpot Assembly’ website could include technical, typographical, or photographic errors. Crackpot Assembly does not warrant that any of the Content on its web site is accurate, complete, or current. Crackpot Assembly may make changes to the Content contained on its web site at any time without notice. Crackpot Assembly does not, however, make any commitment to update the Content.

11. LINKS

Crackpot Assembly has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Crackpot Assembly of the site. Use of any such linked web site is at the user’s own risk.

12. DISPUTES

We will do our best to resolve any disputes with you, however if we cannot we both agree those disputes will be resolved by arbitration within Canada.

13. GENERAL

Under no circumstances shall Crackpot Assembly be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Cookie Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.