Terms of Use

Effective Date: 25 May 2018

Please read carefully the following provisions of these Terms of Use (the "Terms of Use") as well as our Privacy Policy and other terms referenced in this document.

This is a legal agreement between you and Artec Europe, S.à.r.l and its affiliates and subsidiaries ("Artec" or& "We") regarding 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 YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER OR THE COMPANY YOU WORK FOR, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY. 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. 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 notifying 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.

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 websites, 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 policies of any third-party websites or services 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.

7. License to Content. As between you and us, you own all content that you submit to the Artec Services. 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.

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.

10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTEC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WIDGET OR THE ARTEC SERVICE EVEN IF ARTEC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARTEC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONEY THAT YOU HAVE PAID TO ARTEC IN THE PRECEDING TWELVE MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN ARTEC AND RECEIVED THROUGH OR ADVERTISED ON OR THROUGH THE ARTEC SERVICE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ARTEC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE ARTEC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY ARTEC.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, ARTEC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ANY CLAIMS OR DAMAGES THAT YOU MAY HAVE AGAINST ARTEC SHALL ONLY BE ENFORCEABLE AGAINST ARTEC AND NOT ANY OTHER ENTITY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS.

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 assign to the Artec Feedback (including all intellectual property rights contained therein and any modifications or improvements thereof, made by whoever).

13. Privacy. For information about how Artec protects your privacy, please read Artec Privacy Policy, which you can find at artec3d.com/privacypolicy.html. The Privacy Policy explains how Artec treats your personal information, and protects your privacy, when you use the Website and Artec Services. In case you provide us with personal data of person relating to you (e.g. legal representatives, contact persons, etc.), you undertake to ensure such disclosure is in compliance with applicable Data Protection Legislation and that there is no prohibition or restriction which could prevent or restrict our processing of such data as further set out in the Privacy Policy.

In addition, where you share personal data on individuals related to you, you undertake to inform them about (i) the processing of personal data and (ii) their rights to notably access and correct their personal data and all other rights stemming from applicable Data Protection Legislation, as set out in the Privacy Policy.

You shall indemnify and hold us harmless for and against all direct and indirect damages and financial consequences arising from any breach of this clause 13.

For the above, "Data Protection Legislation" means any applicable data protection law, statute, decree, legislative enactment, order, regulation, rule or other binding instrument, including Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR), as such legislation and guidance may be amended, replaced or repealed from time to time.

14. 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.artec3d.com/terms-use.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. Survivability. In the event any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction 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.

21. 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.

22. 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.artec3d.com or email support@artec3d.com.

Contact us