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3D HUBS - TERMS OF USE

Last updated: 2018, 10 January

Version: 1.30

1. GENERAL

1.1. The website http://www.3dhubs.com (“Website”) and its contents are property of and managed by 3D Hubs located and established at Danzigerkade 23A, 1013 AP Amsterdam, The Netherlands (“3D Hubs”).

1.2. These terms of use (“Terms of Use”) apply to your visit and govern your use of the Website and apply to all information, recommendations and/or services provided to you on or through this website (collectively, “Information”). By accessing or using the Website, you acknowledge to have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws and regulations in respect of such use. If you do not agree with the Terms of Use, you must not access the Website.

1.3. 3D Hubs reserves the right to make changes to the Website, Information and the Terms of Use at any time. Such amended Terms of Use shall be effective upon posting on the Website, but shall not have retro-active effect. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all the terms governing the Website and the Information.

2. (Registered) Use

2.1. The Information offered by 3D Hubs on the Website are available only to you if you are 18 years or older, can form legally binding contracts under applicable law and have registered as a user on the Website by creating a 3D Hubs account.

2.2. You represent and warrant that all information you submit to the Website is accurate, truthful, lawful and does not infringe or violate any rights of third parties. You grant 3D Hubs a non-exclusive, royalty-free, fully paid up, worldwide, transferable and sub-licensable license to use, copy, modify, distribute and display the information you submit to the Website (1) as necessary to provide the Website and Information to you and (2) to improve our products and services. You warrant that you will not use the Website or Information to:

  • send any unsolicited mass mailings ("spam");
  • launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for retrieving or sending more communication than a natural person could reasonably produce or to create users accounts;
  • collect or store personal information from other users other than the information collected during the normal course of using the Website or Information;
  • threaten or harass any person or entity;
  • gain or attempt to gain unauthorized access to any (computer) system, server, network or hardware of 3D Hubs, other users or any other third party;
  • act in any way that could overload, damage, disable, disrupt or harm the Website or interfere with any other user’s use of the Website;
  • adapt, modify or reverse engineer any of the systems or protocols of 3D Hubs;
  • reformat, resell, or redistribute the Website or Information in any way without the explicit consent of 3D Hubs in writing.

2.3. If you do not comply with the Terms of Use or any reasonable instructions from 3D Hubs with respect to your use of the Website, 3D Hubs can, at its sole discretion and without any compensation, deny you any further access to the Website. Any attempt by you to damage the Website or to undermine the legitimate operations of 3D Hubs’ business or services may be a violation of criminal and civil laws and should any such attempt be made, 3D Hubs reserves the right to seek damages from you to the fullest extent permitted by law.

3. Liability & Indemnification

3.1. The Website and Information are for general information purposes only and does not constitute advice. 3D Hubs does not guarantee that the Website and/or the Information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up to date and accurate.

3.2. In no event shall 3D Hubs be liable for any damage whatsoever, whether in an action of contract or any tortious action, arising out of or in connection with your access or use of the Website and Information, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website.

3.3. 3D Hubs shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

3.4. 3D HUBS SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE WEBSITE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.

3.5. You agree to indemnify and hold 3D Hubs harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorney fees) arising from or relating to your breach of these Terms of Use.

3.6. YOU ACKNOWLEDGE AND AGREE THAT 3D HUBS HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), RELATIVE TO THE WEBSITE, AND DISCLAIMS ALL WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 3D HUBS SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS, DEFECTS OR ERRORS RELATED TO THE WEBSITE.

3.7. In the event that your state or country of residence does not allow any of the exclusions or limitations of liability or any of the disclaimers of warranties mentioned in the Terms of Conditions, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.

4. Linked Sites

This Website provides links to external internet sites. 3D Hubs shall not be liable for the use or the content of internet sites that link to this site or which are linked from it. The 3D Hubs Privacy Policy as referred to under Section 6 does not apply to any collection and processing of your personal data on or through such external sites.

5. Intellectual Property

All rights to this Website and the Information, including but not limited to any copyright, trademark and database right, is, as between the parties, solely and exclusively owned by 3D Hubs. All rights in the Website and Information not expressly granted herein are reserved, and no right, title or license is granted to you, whether expressly or by implication or estoppel.

6. Privacy

In order to use 3D Hubs services, you will be required to supply certain information about yourself when setting up a 3D Hubs account, designating yourself as a Hub and placing an Order. The 3D Hubs Privacy Policy (https://www.3dhubs.com/privacy-policy) shall apply to the processing of personal information.

7. Additional Terms

7.1. If any provision of the Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

7.2. These Terms and Conditions are the entire agreement between you and us relating to the Website. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on this Website, or by written agreement of both parties.

7.3. 3D Hubs may assign its rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of the parties’ successors, assigns and heirs.

7.4. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

8. Applicable Law & Jurisdiction

8.1. The Terms of Use and any disputes in connection thereto shall be governed by and construed in accordance with the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

8.2. Any dispute, claim or cause of action arising out of, or in connection with the Terms of Use or your use of the Website or Information shall be exclusively submitted to the jurisdiction of the competent courts in Amsterdam, unless provided otherwise by operation of applicable mandatory law.

8.3. You are solely responsible that your use of the Website complies with your local applicable laws.

9. Contacting Us

If you have any queries about the Website, or how your personal information is used by 3D Hubs, please contact us at legal@3dhubs.com