Terms of Use

Important Preliminary notes

Jweel services have been closed in 2018 when Skimlab stopped operating permanently. For now, Jweel software systems are still available for use only on this website.

THE SOFTWARE SYSTEMS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, MAINTENERS OF THIS WEBSITE, OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The following terms were intended for the original JWEEL.COM website and may not apply anymore.

Object

The Jweel team thanks you for choosing its services to create 3D jewelry.

These terms and conditions (below “Terms”) govern the use of the services that the SKIMALB company (below “Skimlab”) offers and provides to the user (below “user”) the website JWEEL.com (below “JWEEL.com”). By using the Jweel Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the Jweel Services and Website.

Those terms and conditions are translated in French (Français) and English. In case of differences between the different version, the French version will be considered the only one to be binding.

The website Jweel.com is a communication service which provides the user a website presenting SKIMLAB activities. On this basis, the website JWEEL.com offers the user a 3D modeling tool that enables to realize and share digital works (below \"3D Models\") in accordance with the following detailed rules. Through the website JWEEL.COM, SKIMLAB offers the ability for the User to have physical objects made, via 3D printing, using the user 3D Models. Moreover, the users are empowered, following terms and conditions below, to share their models with the JWEEL community. SKIMLAB makes possible to view the models previously realized by the users.

The website JWEEL.COM gives the opportunity to its Users to actually make money each time another User wants to use a specific design to build an object, if the specific design is under copyright. The special conditions and contract for this offer are detailed in section Copyright.

Website Editor

The website is edited by SKIMLAB SAS (named below as “editor), capitalised at 17250€ is registered at the Strasbourg Commercial Court. Its Headquater is located at 6 avenue Dante 67000 Strasbourg, France.

3. Terms and Conditions of Use acceptance

The website JWEEL.COM and its associated services are intented to uses with juridical capacity to accept this terms ans conditions in accordance with the French law. For this reason, only people in the legal age of majority are allowed to use the website JWEEL.COM. However, people who do not meet such condition can use SKIMLAB if they are under parental control such as mentioned in the Civil Code and especially dedicated to such puropose. The person with parental authority is responsible for the use of JWEEL.COM by the Minor.

The person using this website untertakes to comply entierly to the Terms and Conditions.. Every access and/of use of the website JWEEL.COM needs a full adherance to the Terms and Conditions. The user, by marking the box “ADHERANCE” while registering, accepts to be under this terms and conditions. If the user does not agree with these Terms and Conditions, he should not use the JWEEL.COM Services and Website.

The Terms and conditions of JWEEL.COM may be changed or completed at any time, the user is invited to read them regularly. SKIMLAB recommends to print a copy of these Terms and conditions of Use every time he uses the webiste JWEEL.COM.

Cookies

Using JWEEL.COM can bring the installation of cookies for statistic analyses and audience measurment purposes. These services are proposed by Google Analytics and the Company itself. It’s expressly stated that a cookie do not enable to identify the user. The cookies are recording information related to user’s activity on JWEEL.COM (visited pages, time for connection aso.). The user can choose to remove cookies from his computer.

Collection and use for personal data

In accordance with the provisions of the Law n° 78-17 of January, 6th 1978 related to computing, to files and privacy, SKIMLAB warrants to use personal data only with the user’s full agreement, and only for purposes related to the use of JWEEL.COM. Using JWEEL.COM means for the user entailing his adherance. SKIMLAB warrants not to publish, disclose or transmit the user personal data without his agreement, and in compliance with the relevant rules, except in case of a court order or legal obligation.

In accordance with the abovementioned law, users are entitled to access, change, correct and delete personal data about them, by writing at admin@SKIMLAB.COM or at:
SKIMLAB SAS
8, avenue Dante
67000 STRASBOURG
FRANCE

However, SKIMLAB will take precautions to check the user’s identity before giving him an acess to his personal data, or to delete them.SKIMLAB warrants to implement technical measure to ensure the security of the personal data used on the website JWEEL.COM, including to declare to the French National Commission on Information Technology and Liberties.

SKIMLAB will keep the personal data only during the necessary time for achieving what they are collected for.The user must have great vigilance to protect his login and password on JWEEL.COM

HYPERLINKS

The website JWEEL.COM can contain hyperlinks to other partner websites. SKIMLAB does not have any control on these websites and would not be responsible regarding their availability or content.

INTELLECTUAL PROPERTY

The overall structure, softwares, texts and images, design, pictures and every other element edited by SKIMLAB and making the website are SKIMLAB and/ or its partner exclusive property. Any representation or complete or partial reproduction of the website, made without the approval of SKIMLAB is prohibited and would be an illegal counterfeit sanctioned by articles L. 335-2 et seq. of the intellectual property code.

However, SKIMLAB does not control the 3D designs realized by the user while using its technical services. SKIMLAB activity is limited to hosting the designs.SKIMLAB does not make any editorial choice regarding the 3D models realized by the user and is not consequently responsible, including when it reproduces or imitates copyrights of somebody or something. On this basis, the user gives his full commitment to never reproduce or imitates, in any ways, somebody’s copyrights on the website JWEEL.COM or any website belonging to SKIMLAB.

JWEEL.COM allows the user to create and post content, especially as 3D models. The User keeps all intellectual property rights on this content.

When the user submits content to SKIMLAB through JWEEL.COM, by uploading, creating with JWEEL.COM tools, he gives SKIMLAB (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with JWEEL.COM), communicate, publish, publicly perform, publicly display and distribute such content. The rights the user grants in this license are for the limited purpose of operating, promoting, and improving JWEEL.COM, and to develop SKIMLAB new ones. This license continues even if you stop using JWEEL.COM (for example, a model the user has shared on JWEEL.COM).The user has to make sure he has the necessary rights to grant us this license for any content that you submit on JWEEL.COM

In accordance with the protection granted to database producers, SKIMLAB prohibits any complete or partial extraction, reusing, put at the public's disposal the content of SKIMLAB website, under the provisions L.342-1 et L.342-2 of the Intellectual Property Code

SKIMLAB gives the user a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SKIMLAB as part of the Services. This license is for the sole purpose of enabling him to use and enjoy the benefit of the JWEEL.COM services as provided by SKIMLAB, in the manner permitted by these terms. The user may not copy, modify, distribute, sell, or lease any part of JWEEL.COM services or included software, nor reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or the user has SKIMLAB written permission.

Some software used on JWEEL.COM may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

COPYRIGHT

Regarding user copyright on the webite JWEEL.COM, it is stated that every user making a 3D model using JWEEL tools is authorized to share it with the JWEEL community, in accordance with terms and conditions offered by the website JWEEL.COM. The user can share his model with the JWEEL community.

The user can share his model with the JWEEL community.

The user is responsible for the content he uploads of broadcasts and ensures he’s the owner or he has all the authorizations necessary to broadcast it.

By sharing the model, the user makes it freely available to other users, who are allowed by the author to reproduce, broadcast or adapt it (in particular to ensure the suitability of a jewel: finger size aso.)

Users are not allowed to use another user’s model for commercial purposes.

This especially concerns the designs made from other shared designs. Those cannot be added to users personnal shops.

The same sharing action has also the effect of publishing designs under the following Creative Commons licence : Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)

In the same way, the author of a model created with JWEEL.COM 3D modeling tools and shared on the website allows without any condition every other user to physically 3D print the model by the 3D printing services only offer by SKIMLAB and its partners. The assignments of those rights is irreversible in order to protect the users who have an access to this content after publication.

The assignments of those rights is irreversible in order to protect the users who have an access to this content after publication.

The user can not modify his published 3D Models. However it is still possible to open the 3D Model in the right JWEEL tool in order to make a copy.

Every user shall not infringe other users intellectual property rights.

When a user wants to obtain an assignment of a model copyrights or use it beyond these conditions, he has to contact directly the author of the model to obtain his authorization or assignment.

9. Trademarks

Brands and logos appearing on this website are trademarks of SKIMLAB and partners.

Any reproduction or use without SKIMLAB’s and/or partners authorization is strictly forbidden.

Responsability

SKIMLAB hopes that you will enjoy using its services. However, the user bears the full responsibility for using SKIMLAB services, in particular JWEEL.COM’s ones.

SKIMLAB does not control the online publication of the user’s models on the website JWEEL.COM. However, SKIMLAB may, at its discretion, remove without justification any content judged unlawful , contrary to the rules, or for any other reason. The possibility to remove a content, with or without copyrights shall not in any way imply that SKIMLAB controls the content that is published by the users on the website. In every case, SKIMLAB may give prior notice to the user, without being bound by this facility. The user fully accepts that a content he would have made or published on JWEEL.COM could be removed without any justification or notice.

The users give a formal undertaking that they won’t make or publish a manifestly unlawful work, contrary to public order, morality or contrary to all applicable laws and regulations. The users have the possibility to warn SKIMLAB in the event of detection of a manifestly unlawful content, including content inciting to racial hatred, child pornography, violence, apology for war crime or crime against humanity, violation of the human dignity, but also contents that infringe intellectual property rights. SKIMLAB gives the users the possibility, through the notification procedure, to bring to the knowledge of SKIMLAB such contents. in all the cases listed above, SKIMLAB can remove the notified content.

SKIMLAB is constantly changing and improving its services. For this reason, it mays, at its discretion, need to stop or remove a service for every reason it may consider useful. SKIMLAB can also modify, remove or improve its functionalities. In this case, SKIMLAB cannot be held responsible for the loss or the inability to access its services.

SKIMLAB is not required to ensure a continuity of its services. No availability or reliability warranty is given to the user. the same goes in particular for JWEEL.COM services

WHEN PERMITTED BY LAW, SKIMLAB, AND SKIMLAB’S SUPPLIERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SKIMLAB, AND ITS SUPPLIERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES .

IN ALL CASES, SKIMLAB, AND ITS SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Shops

All JWEEL.COM Users can open a personnal selling web space (below \"Shop\") on the website.

The Shop is a publicly available web space, settings for a Shop are controlled by the User who opened it.

L'ouverture d'une Boutique se fait depuis le lien "Ma boutique" dans le menu de connexion en haut à droite.

The opening of a Shop involves complete acceptance of the Specific conditions to be read in conjunction with the general terms and conditions.

The Designer can make one or several 3D Models available for the other Users in his Shop. In return, the Designer will receive royalties on every object ordered on the Website from a 3D Model of his Shop. This includes 3D Models ordered as is, and 3D Models adapted from an existing 3D Model.

It is stated that only 3D Models added to the Designer's Shop can involve royalties. 3D Models shared for free on the Jweel website, and private 3D Models stored on the Designer account cannot be concerned with royalties.

The specific conditions for this opportunity are detailed in the Specific conditions to be read in conjunction with the general terms and conditions.

SKIMLAB reserves the right to change those conditions without notice and to limit or extand restrictive conditions to open a Shop on JWEEL.COM. The new conditions will apply immediately and without notice for the Users who have not yet open a Shop. For the Designers already managing a shop on JWEEL.COM, SKIMLAB will send individual notifications and the concerned Users will have to comply to new conditions within 30 days following the notification.

Cancellation of account on JWEEL.COM

You can safely delete or modify your account at any time on JWEEL.COM by sending an e-mail to contact[at]jweel.com. The e-mail address used must be the one used to register on JWEEL.COM.

The cancellation procedure results in deleting all your data, including profile information (description, picture aso.) and 3D models. SKIMLAB draw your attention on this particular point: In case of cancellation of your account, your 3D models would be deleted definitively and permanently.

Notification of Claims of Infringement

If you are a copyright owner or an agent thereof and believe that any user Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing SKIMLAB with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Fotolia to locate the material;
4. Information reasonably sufficient to permit SKIMLAB to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SKIMLAB’s department to receive notifications of claimed infringement is: Service Copyright Skimlab, Pépinière d’entreprise de Hautepierre, 6 Avenue Dante, 67000 Strasbourg. Email: copyright@skimlab.com or copyright@jweel.com; You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

The user should remind that abuses of denunciation and false claims are punishable by law. Therefore, those kind of behavior may lead to legal proceedings against the claimer.

Applicable law and jurisdiction

The present Terms and Conditions are subject to French law.

In the event of a dispute about the present terms and conditions, both on interpretation or execution, parties commit themselves to seek, before any appeal, a settlement.

If the dispute cannot be resolved out of court, it will be referred to the Court (Tribunal) of Strasbourg.

Last update: February 19th at 8:13 PM