Effective Date: 25 May 2018
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").
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.
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).
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.
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 email@example.com.