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Terms

Updated 21 March 2024

Updated 21 March 2024

Updated 21 March 2024

Updated 21 March 2024

Intro.

These Terms and conditions (“Terms”) govern your (“Commercial Partner” “Partner” “You”) relationship with https://www.shapeofmike.com website (the “Service”) as operated by Shape of Mike (“Our” “Us” “We”).
Shape of Mike is registered under the Australian ASIC board with the ABN 2255 1707 798.
Please read carefully these terms before using the Service. Use and access to the Service is conditional to the acceptance and compliance of these Terms. By using the Service you agree to be bound by these Terms and that you are over the age of 18. If you disagree with any Terms, you may not use the Service.

Scope of License.

This license only permits you to sell physical prints, and does not provide the you with the right to sell, modify or distribute any Shape of Mike digital files in any way, to anyone, for any purpose, at any time, in any country.
Subscribing to an active commercial partnership license does not provide the you with the design STL’s or digital files. These are required to be purchased separately.
This license doesn’t guarantee any digital files or physical prints from Shape of Mike. All services and products are given on an as is and as are basis. However add-on STL files may be added at our discretion, however these are not exclusive to commercial partners. Shape of Mike reserves the right to distribute these without reservation.
This license is only available for small businesses under 10 people on payroll, and excludes corporation and company registered businesses. This includes when small businesses are owned by corporations or companies. Please contact us for enterprise scale licensing for corporations and companies if that applies to you.
Modification to the designs of Shape of Mike, beyond simple text embossing or indentation are strictly prohibited. This includes adding logos, reshaping the designs and any other form of modification which alters the appearance of Shape of Mike products from being constructed as instructed. Doing so is a breach of these terms.
License is limited and non-exclusive. Sub-licensing or transferring of license is not permitted.

Subscription.

Shape of Mike subscriptions are recurring and automatic. We reserve the right to adjust the price and offerings of the commercial licensing subscriptions, however existing Partners will be given 60 days notice in advance before changes take effect. Through use of the Service you give permission for Shape of Mike through our third party payment processor Stripe Inc. through Outseta LLC. to automatically charge your account unless you terminate your subscription.
When creating an account with us, you are required to provide accurate, complete and current information at all times. Failure to do so constitutes a breach of Terms. 
Shape of Mike reserves the right to terminate the subscription immediately and without limitation or liability if terms of service have been breached. If you desire to terminate your subscription, you may discontinue the use of the Service.

Refunds.

For subscription licensing, no refunds are given except as stated under consumer law in Australia (or as applicable in your region).

Product Association.

Shape of Mike products and services are not permitted to be sold in a shop which contains NSFW (Not Safe For Work) or 18+ products or services. This includes anything sexually explicit in imagery or concept, nor limited to figurines, adult toys, high gore or horror based products or services. While platforms may carry such products, your individual store is required to not stock any such products or services in order to qualify for this Service. Stocking or marketing such products where Shape of Mike products is also sold is a breach of these Terms.

Shape of Mike reserves the right to terminate the subscription licensing immediately upon such a breach, yet may contact you first for resolution. Shape of Mike is not liable for any loss of profits due to unsold stock resulting from such a termination.

Liability.

Shape of Mike will not, nor it’s stakeholders, staff, partners or affiliates will be held liable for any indirect, incidental or consequential damages, including loss of data, profits, use, goodwill resulting from use of this Service, inability to use the Service, including any content or conduct from a third party, or content obtained from the service. Shape of Mike does not guarantee any profit or outcomes as a result of this commercial license. 

Intellectual property.

Shape of Mike’s designs and content are and will remain the exclusive property of Shape of Mike. Our designs and services are protected by copyright, trademark and other laws of Australia, and are applicable in the United States of America and other foreign countries. Attribution to Shape of Mike must always be given when selling Shape of Mike products and services. Shape of Mike does not grant any rights to you for any patents, copyrights, trademarks or designs of Shape of Mike when you use this Service.

Ideas.

We are grateful for your interest in the Shape of Mike business, we welcome your feedback and ideas. Yet, Shape of Mike can not accept any information or ideas considered as proprietary. This avoids potential misunderstandings when independent Shape of Mike designs and services may seem similar to your own suggestions, ideas or materials. All submitted feedback and idea’s given to Shape of Mike are deemed non-proprietary.

Changes.

Shape of Mike reserves the right, at our own discretion to modify these Terms of Service anytime. We will provide a minimum of 30 days notice to existing users prior to new terms taking effect. For new users it will take effect immediately. By continuing to subscribe after the implementation of updated terms, you agree to be bound by the updated terms. If you disagree with the updated terms, please kindly cancel your subscription.

If you have any questions about the above terms, please email Mike at hello[at]shapeofmike.com