Terms of use
Last updated: March, 5, 2021
When you use pilgway.com and 3dcoat.com, you are agreeing to all the rules on this page.
Pilgway.com, 3dcoat.com or "we", "us", "our" means
Limited Liability Company "Pilgway",
registered in Ukraine under No. 41158546
office 41, 54-A, Yuliya Zdanozska street, 03022
Kyiv, Ukraine
If you disagree with these terms or any part of these terms, you must not use this website or our software.
These Terms of Use are legally binding between you and Pilgway LLC.
1 . DEFINITIONS
1.1. "Software" means result of computer programming in form of application computer program and its components and shall include but not limited to each of the following: 3DCoat, 3DCoatTextura, 3DCoatPrint (short from 3DCoat for 3d printing), which shall include versions for Windows, Mac OS, Linux operating systems as well as beta versions made available to the public or to a limited number of users, and any such other software as listed at https://pilgway.com, https://3dcoat.com or made available for download at these web sites or through http://3dcoat.com/forum/. Serial or registration file/key for activation of License while is a piece of software is not considered the "Software" under these Terms of Use.
1.2. "Service" is what you get when using our websites including access to your Account, storage of registration keys, upload history and more, proposed and made available for purchase or free of charge by Pilgway LLC at websites https://pilgway.com and https://3dcoat.com.
1.3. "License" means the permission to use Software in a way and within the scope as defined in this Agreement whether for a fee or free of charge. The permission is valid if you follow the conditions described in such a License (contained in each copy of Software and showed before installation).
2. ACCOUNT REGISTRATION AND ACCESS
2.1. To download Software or use Services, you first need to register for account at https://pilgway.com (Account) or link your existing Google or Facebook account to your Account at https://pilgway.com.
2.2. You must secure access to your Account against third parties and keep all authorization data confidential (use strong passwords and security software to protect your computer or mobile device from any data leakage). https://Pilgway.com will assume that all actions undertaken from your Account after logging in with your username and password are authorized and supervised by you. Your actions from your Account are legally binding.
2.3. The Account may not be transferred or assigned.
3. USE OF SOFTWARE
3.1. You are hereby granted non-exclusive, assignable, worldwide license to:
3.1.1. Use Software according to its licensing terms (please refer to End User License Agreement attached to each copy in installation package of such Software);
3.2. All other uses are not permitted (including but not limited to personal or non-commercial use).
3.3. You may use one copy of Fully Functional Software free of charge within a limited time of 30 days (30 DAYS TRIAL).
3.4. Your License may be revoked in case we find out that you use our Software in violation of law or the License. Your License will be revoked if we find out that you are violating the License or these Terms of Use including, but not limited to, hacks and cheats for any of our Software. Your License may be suspended due to requirements of law or force-majeure.
4. FEES AND PAYMENTS
4.1. Use of Software and some Services may be for payment. The amount and conditions of payment are described at the respective page on our website. Should you have questions or unsure about the conditions please contact our support first.
4.2. All sales are processed by PayPro Global at their respective website.
4.3. You are authorized for a full refund within 30 days of payment provided that the License has not been breached.
4.4. In case you purchased serial number or registration code from a third party on another website (not through the website www.pilgway.com or www.3dcoat.com) please contact such third party for a refund policy. Pilgway LLC may and will not be able to refund payment if you have purchased serial number or registration code from a third party not through the website www.pilgway.com or www.3dcoat.com.
4.5. www.pilgway.com and 3dcoat.com may make changes to any Software or Services, or to the applicable prices for any such Software or Services, at any time, without notice.
5. INTELLECTUAL PROPERTY OWNERSHIP. SUPPLY OF SOFTWARE PRODUCT
5.1. The Software is the proprietary exclusive intellectual property of Andrew Shpagin and other co-owners on behalf of which Andrew Shpagin acts in these Terms of Use (hereinafter referred to as "Andrew Shpagin"). The Software is protected by international copyright laws. The code of the Software is valuable trade secret of Andrew Shpagin.
5.2. Any Andrew Shpagin's shopmarks, logos, trade names, domain names and brands are the property of Andrew Shpagin.
5.3. The Software is hereby sublicensed by Pilgway LLC on the basis of license agreement between Pilgway LLC and Andrew Shpagin.
5.4. The serial number, license file or registration code is a piece of software code which is a separate product (software product) and is supplied as a separate software.
5.4.1. Serial numbers, license files or registration codes may be sold and supplied to you by authorized reseller through website www.pilgway.com or www.3dcoat.com.
5.4.2. Serial number, license file or registration code if legally purchased may be sold by you to any party.
5.4.3. Serial number, license file or registration code corresponds to certain License and the scope of the License must be strictly followed.
5.5. Should you have any problems with activation of serial number or registration code purchased from a third party please contact support@pilgway.com or support@3dcoat.com.
6. RESTRICTIONS; MINORS
6.1. You may not use our websites (www.pilgway.com, and www.3dcoat.com), neither the Software if you are under 16 years of age, unless you send us your verifiable parental consent at support@pilgway.com or support@3dcoat.com .
6.2. You may not attempt to extract the source code of the Software by disassemble or any other means.
6.3. You may not use the Software with commercial purpose for your profit unless the License of the Software clearly allows such activity. To make it clear, commercial purpose includes any work under a contract whether paid or free of charge.
6.4. You agree to comply with all applicable import/export laws and regulations. You agree not to export or assign the Software and Services to entities or individuals or countries against which there are imposed sanctions or to which exports are at the time of exportation restricted by the government of the United States, Japan, Australia, Canada, countries of the European Community or Ukraine. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country, entity or individual.
7. USER-GENERATED CONTENT
7.1. You may upload your content (which may include, for example, picture, text, messages, information and/or other type of content) (“User Content”) using your Account.
7.2. You promise that (1) you own or have the right to post such User Content, and (2) such User Content does not violate any other rights and applicable law, or the intellectual property rights.
7.3. We may, but have no obligation to, monitor and review User Content. We reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates these Terms of Use. We may take such action without prior notification to you or any third party.
7.4. You are solely responsible for all your User Content. You agree that if anyone brings a claim against www.pilgway.com or www.3dcoat.com related to your content (user content) under local law, you will indemnify and hold www.pilgway.com and/or www.3dcoat.com harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
8. DISCLAIMER. LIMITATION OF LIABILITY
8.1. The Software is provided as-is with all defects and faults. Andrew Shpagin or Pilgway LLC shall not be liable to you for any loss, damage or detriment.This clause of the agreement is valid any time and it will apply even in the breach of the agreement to the extent allowed by applicable law.
8.2. In no event shall www.pilgway.com nor 3dcoat.com be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the www.pilgway.com and 3dcoat.com websites, the Software or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
8.3. In case of force majeure www.pilgway.com and 3dcoat.com are never required to compensate for damages suffered by you. Force majeure includes, among other things, disruption or unavailability of the internet, telecommunications infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
8.4. You indemnify www.pilgway.com and 3dcoat.com against all claims arising out of or in connection with this agreement and the use of Software or Service.
9. PERIOD OF VALIDITY
9.1. These Terms of Use come into force as soon as you first register an Account. The agreement remains in effect until your Account is terminated.
9.2. You can terminate your Account at any time.
9.3. www.pilgway.com and 3dcoat.com are entitled to temporarily block your Account or terminate your Account:
9.3.1. if www.pilgway.com or 3dcoat.com discover unlawful or hazardous behavior;
9.3.2. in the event of a breach of these Terms of Use.
9.4. www.pilgway.com and 3dcoat.com are not liable for any damage you may suffer by the termination of the Account or subscription in accordance with Article 6 RESTRICTIONS; MINORS.
10. CHANGES TO TERMS
10.1. www.pilgway.com and 3dcoat.com may change these Terms of Use as well as any prices at any time.
10.2. www.pilgway.com and 3dcoat.com shall announce changes or additions through the service or on the websites.
10.3. If you do not want to accept a change or addition, you can terminate the agreement when the changes take effect. Use of www.pilgway.com and 3dcoat.com after the date of effect of changes shall constitute your acceptance of the changes or added-to Terms of Use.
10.4. www.pilgway.com and 3dcoat.com are entitled to assign its rights and obligations under this agreement to a third party as part of an acquisition of www.pilgway.com or 3dcoat.com or the associated business activities.
11. PRIVACY AND PERSONAL DATA
11.1. Please refer to our Privacy Policy at https://3dcoat.com/privacy/ for more details about how we collect, store and process your personal data.
11.2. Our Privacy Policy is an integral part of this Agreement and shall be deemed incorporated herein.
12. GOVERNING LAW; DISPUTE RESOLUTION
12.1. Ukrainian law applies to this agreement.
12.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Software or Services shall be brought before the competent Ukrainian court based in Kyiv, Ukraine.
12.3. For any clause in these Terms of Use which demands that a statement must be made "in writing" to be legally valid, a statement by e-mail or communication through the www.pilgway.com Account shall be sufficient provided the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.
12.4. The version of any communication of information as recorded by www.pilgway.com or 3dcoat.com shall be deemed to be authentic, unless you supply proof to the contrary.
12.5. In case any part of these Terms of Use are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
13. CONTACT
13.1. Email any questions regarding these Terms of Use or any other questions about www.pilgway.com and 3dcoat.com to support@pilgway.com or support@3dcoat.com.
