Shapify.me

SHAPIFY.ME

TERMS OF USE

The Effective Date of these Terms of Use is January, 2014. To access previous version of the Terms of Use please click here.

Please read carefully the following provisions of these Terms of Use (the “Terms of Use”). This is a legal agreement between you and Artec Europe, S.a.r.l (“Artec” or “We”) regarding the use of the use of our online and/or mobile services, website, and software provided by us (collectively the “Artec Services”). By using Artec Services in any way, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AS WELL AS TO COMPLY WITH PRIVACY POLICY. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ARTEC SERVICES.

You agree to check these Terms of Use periodically for new information and terms that govern your use of Artec Services. Artec may modify the Terms of Use at any time.

1(a) User License. We grant you a limited, non-exclusive, nontransferable license to use Artec Services for your personal, noncommercial use according to these Terms of Use. We reserve the right to modify or discontinue, temporarily or permanently, Artec Services for any reason, at our sole discretion, with or without notice to you. Notwithstanding any provisions of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use Artec Services, and to block or prevent future access to and use of Artec Services for any reason or no reason. Upon termination, these Terms of Use will still apply.

1(b)Mobile Software. We may make available software to access Artec Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Artec Services. Artec does not warrant that the Mobile Software will be compatible with your mobile device. Artec hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Artec may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Artec or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

1(c) Mobile Software from Apple App Store. This paragraph 1(c) is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. Artec and you acknowledge that this Agreement is concluded between Artec and you only, and not with Apple Inc. (“Apple”), and as between Artec and Apple, Artec, not Apple, is solely responsible for the Software and Artec Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “Artec” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.

1(d) This paragraph 1(d) is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. Artec and you, the end?user of the Mobile Software and Artec Services, acknowledge that the Agreement is entered into by and between Artec and you. Artec is solely responsible for the Software and Artec Services. Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market?tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market?policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

2. Limits of Your Use. You must use Artec Services only for a lawful purpose. You must not take any action that may compromise the security of Artec Services, make Artec Services inaccessible to others, or cause damage to Artec Services. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to Artec Services, belong to Artec. No content from Artec Services may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without our prior written consent.

3. No Modification of Artec Services. You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of Artec Services.

4. Links to Third-Party Websites. We may choose to provide links or references on Artec Services to third-party web sites, information or services solely as a convenience to our users (“Reference Sites“). Artec does not endorse any such Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. We encourage you to be aware of when you leave Artec Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through Artec Services are solely between you and such advertiser. Artec will not be liable for the unreliability or inaccuracy of any information obtained through those Reference Sites.

5. Indemnity. You agree that you are personally responsible for your use and behavior while using Artec Services. You agree to indemnify, defend and hold harmless Artec, its personnel, subsidiaries, affiliated companies, franchisees, licensees, joint ventures, business partners, licensors, suppliers, employees, agents, and hosts of Artec Services and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your visit, use, misuse, inability to use or interruption in service of Artec Services or any violation by you of these Terms of Use or of law.

6. Right to Refuse Access/Service. We reserve the right to refuse or limit access to Artec Services in our sole discretion and without notice. This includes the right to block or limit access to Artec Services, or parts of the Artec website, to individuals or groups, for the purpose of preventing or reducing the risk of violation of our terms or the law, or based upon suspected or actual violation, or for any other reason. Artec also reserves the right to refuse any Order (as defined below) of 3D Scan (as defined below) made by you through the Site if such 3D Scan causes an offence to public order or good practices, in Artec’s sole discretion, as well as any Order infringing a third party intellectual right. In particular, this list not being exhaustive, firearms, objects presenting racist, pornographic or violent content, as well as any Order clearly infringing any third party intellectual property right will be refused.

7. License to Content. As between you and us, you own all content that you submit to the Site. You grant us and our affiliates a worldwide, perpetual, irrevocable, exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. For avoidance of doubt, content created through Artec Services shall include all 3D Scans (as defined below) uploaded by you to the Site. You further acknowledge and agree that all 3D Scans (partial or complete) made by you through Artec Services will automatically be uploaded to Artec’s server.

8. Copyright Information. All contents included in Artec Services, including (but not limited to) all written material, images, photos and code, are protected under international copyright and trademark laws. You may not copy, reproduce, modify, republish, transmit or distribute any material from Artec Services without express written permission. It is expected that all users of Artec Services will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.

9. Warranty Disclaimer. YOU USE ARTEC SERVICES AT YOUR OWN RISK. ARTEC SERVICES ARE PROVIDED "AS IS," “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION OR ANY OTHER ASPECT OF ARTEC SERVICES OR CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, ARTEC SERVICES. WE DO NOT WARRANT THAT OPERATION OF ARTEC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ARTEC SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR TRANSCRIBEME SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR TRANSCRIBEME SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR TRANSCRIBEME SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTEC OR ITS PERSONNEL BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE ARTEC SERVICES OR CONTENT AND SERVICES PROVIDED ON OR ACCESSIBLE FROM ARTEC SERVICES, OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Errors, Corrections and Changes. We do not warrant or represent that Artec Services are or will be error-free. Data entry errors, human error, technical and other problems sometimes result in inaccurate information being shown. Other factors can also cause errors. We shall have no liability for errors. We reserve the right to correct any inaccuracy or error, including but not limited to franchise locations, availability and hours of services.

12. Feedback. Artec will treat any feedback or suggestions you provide to Artec (“Feedback”) as non-confidential and non-proprietary to you. Thus, in the absence of a written agreement with Artec to the contrary, you agree that you will not submit to Artec any information or ideas that you consider to be confidential or proprietary. You understand and acknowledge that Artec will own and may use the Feedback provided by you to further improve or enhance Artec Services. Accordingly, you agree to and hereby assigns to Artec the Feedback (including all intellectual property rights contained therein and any modification or improvements thereof, by whomever made).

13. Privacy. For information about how Artec protects your privacy, please read Artec Privacy Policy, which you can find at shapify.me/privacypolicy.html. The Policy explains how Artec treats your personal information, and protects your privacy, when you use the Site and Artec Services.

14. Order Terms and Conditions.

Order and Payment

If you wish to make an order of your 3D model scan (the “3D Scan”) you may order 3D printing and shipping services and purchase them through Artec Services.

All print jobs in respect of duly confirmed and paid orders is performed by contractors engaged by Artec (each, a “Printing Provider”).

All prices and amounts shown on Artec Services are in U.S. Dollars (USD), unless otherwise noted. If you submits request through Artec Services to purchase 3D printing and shipping services, you agree that all charges, taxes and shipping/handling fees will automatically be charged to your credit or card. Credit and debit cards accepted for payment are: Visa, Mastercard, Discover and Amex. Other ways of payment may be available on the Site from time to time. Artec requires each order to be fully paid, including shipping and handling fees, if applicable, before Artec completes an order. Artec will not start working on a print job until Artec receives the full payment, including applicable taxes and shipping/handling fees.

Once a print job has been submitted by you and is already "In Production", no changes are allowed to the 3D Scan, job characteristics, or printing turnaround time.

Return Policy

Artec strives to provide our clients with the best possible experience. If you are not satisfied with your order for any reason, please contact our customer service department. Our representative will document your complaint and create a ticket for your reference.

Artec will issue a 100% refund (less shipping charges) for any defective print order if such claim has been provided within the time limits provided in these Terms of Use.

Please note that to receive a refund the defect affecting quality of 3D Scan must be the fault of Artec. Artec will not issue refunds for poor print orders that resulted from defective 3D Scans. Artec will not issue a refund in case of inaccurate uploading of the 3D Scan to the Site. Artec will not issue a refund and will not be liable in case 3D Scan is not exactly the same as shown when uploaded by you through Artec Services. Differences may result from the color quality of images, the difficulty of showing on screen the texture of a material or, without limitation, technical adaptation. These differences should not be interpreted as lack of conformity and shall not justify a “defect” and shall not cause a refund. Determination of defect is at the discretion of Artec.

Refund will not be made and Artec will not be responsible for consequences inherent to the individual user, such as allergic reactions to materials used for manufacturing (printing) of 3D Scan, or if the personalized 3D Scan fails to satisfy you due to your personal taste.

Refund will not be made and Artec will not be responsible for consequences of whatever nature if Artec and/or Printing Provider and/or Shipping Provider refuses to provide a service on the grounds specified in Section 6 of these Terms.

In most cases, you will be requested to submit digital photos documenting the product defect and/or ship the defective products back to Artec’s customer service at your own cost. Accepting these Terms you agree to such return policy. All policies are subject to change without prior notification.

Printing Accuracy

3D scanning and 3D printing are relatively new processes with many limitations. Because of inherent limitations with the scanning and printing process, the accuracy of the reproduction and printing of the object scanned and printed through Artec is not guaranteed. By placing an order with Artec through Artec Services you agree to this limitation.

Printing Turnaround Time

Printing turnaround time depends on the Printing Provider and begins once your 3D Scan is uploaded to the Site, attached to your printing job, the order has been confirmed for printing, and full payment has been made. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while production turnaround does not include mailing, or shipping transit times, and you should allow additional business days for delivery.

Shipping

You will need to complete the shipping details on the Site. All shipping is currently done via international carriers engaged by the Printing Provider (the “Shipping Provider”).

Usually, estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday. Shipping transit times vary, and Artec assumes no responsibility for delays caused by Shipping Provider, shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Artec will not be liable for any failure in shipment and you will refer and submit all your claims, if any, to the Shipping Provider.

Time Limit for Claims

The time limit for any claim you wish to make against us is fifteen (15) business days from the date of revealed failure, unless a longer term is required by law. If a claim is not brought within the time limit to make the claims, the claim is barred.

15. Changes to Terms of Use.

We reserve the right, in our sole discretion, to change these Terms any time. Updated versions of the Terms will be posted here on our Site and are effective immediately upon posting. The date of the newest version is posted below. Please check frequently, especially before you use Artec Services, to see if these Terms have changed. Use of Artec Services after any changes to the Terms constitutes your consent to the changes. Terms for new Artec Services are effective immediately upon posting at www.shapify.me/termsofuse.html.

16. Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with the terms and conditions of these Terms of Use.

17. Entire Agreement. These Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of these Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

18. Waiver. The failure of Artec to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Artec.

19. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

20. Governing Law and Venue. These Terms of Use are governed by the laws of Luxembourg. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Luxembourg for all disputes arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use.

21. Survivability. In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

22. Injunctive Relief. You acknowledge that the obligations made hereunder to Artec are of a unique and irreplaceable nature, the loss of which shall irreparably harm Artec and which cannot be replaced by monetary damages alone so that Artec shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

23. Contact Information. Should you wish to contact Artec with any questions, complaints or claims with respect to Artec Services, you should visit Artec website at www.shapify.me or email support@shapify.me