Version 2.1 Updated October 2021
1. DEFINITIONS
1.1 XPLICATOR: xplicator GmbH, Eichholz 52, 20459 Hamburg, Germany (also referred to as “we”, “us”, or “our”)
1.2 THE OPERATORS: XPLICATOR
1.3 CONTENT: Data, Pictures, Videos, 3D Models, 3D Printable, Text files, Digital Models or derivatives of these assets
1.4 WEB PROPERTIES: The web sites operated and/or owned by THE OPERATORS including but not limited to xplicator.com, craftplicator.com, brickplicator.com, brickmosaicdesigner.com and customphonemount.com.
1.5 OPERATOR CONTENT: All CONTENT or objects contained on any of THE OPERATORSs properties owned and/or copyrighted by any or a combination of THE OPERATORS
1.6 SERVICES: The services offered by THE OPERATORS through its WEB PROPTERIES as set forth in Clause 3 of these Terms and Conditions.
1.7 USER: A natural person or legal entity making use of the SERVICES of THE OPERATORS WEB PROPERTIES.
1.8 USER CONTENT: All CONTENT or other objects contained on any of THE OPERATORS WEB PROPERTIES that is not owned or copyrighted by THE OPERATORS and is or has been uploaded by any USER
1.9 ORDER: An order placed by a USER through the WEB PROPTERIES or any other channel of THE OPERATORS
1.10 TERMS AND CONDITIONS: These terms and conditions
2. GENERAL
2.1. The TERMS AND CONDITIONS govern the USER’s use of the WEB PROPERTIES and the SERVICES offered by THE OPERATORS. By using any of the WEB PROPERTIES and/or the SERVICES, the USER acknowledges to have read, understood and agreed to be bound by these TERMS AND CONDITIONS and to comply with all applicable laws and regulations. If you do not agree with the TERMS AND CONDITIONS, you shall not use the SERVICES and/or access any of THE OPERATORS WEB PROPERTIES.
2.2. THE OPERATORS reserve the right to make changes or terminate any part of the WEB PROPERTIES, the SERVICES, and the TERMS AND CONDITIONS with no advance notice at any time. Any change in the TERMS AND CONDITIONS shall be effective upon posting on the WEB PROPERTIES or through some other reasonable method. THE OPERATORS will take reasonable efforts to post notices regarding any changes to these TERMS AND CONDITIONS. Please check the TERMS AND CONDITIONS published on THE OPERATORS WEB PROPERTIES regularly to ensure that you are aware of all the terms governing THE OPERATORS WEB PROPERTIES and the SERVICES.
3. SERVICES
3.1. The SERVICES offered by THE OPERATORS through its WEB PROPERTIES solely exist of providing an online platform which facilitates USERS to upload, convert, share USER CONTENT related to 3D Models, 3D Printing and 3D Scanning. The OPERATORS may offer DIY kits for building or operating 3D Scanners and provide OPERATOR CONTENT or USER CONTENT to facilitate this process.
3.2. THE OPERATORS are not a party to any agreements entered into between USERs or between USERs and 3rd parties using any of the SERVICES.
3.3. THE OPERATORS have no control over the conduct of USERs, the USER CONTENT uploaded to the WEB PROPERTIES by USERs and the use of SERVICES provided by THE OPERATORS. THE OPERATORS disclaim all liability in this regard.
3.4 The rights granted to you in these TERMS AND CONDITIONS are subject to the following restrictions.
– You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the WEB PROPERTIES or the SERVICES
– You shall not modify, make derivative works, reverse compile, or reverse engineer any part of the SERVICES or WEB PROPERTIES
– You shall not access the SERVICES or WEB PROPERTIES in order to build a similar or competitive service or to copy, reproduce, distribute, republish, download, re-package, re-post, re-transmit in any form or by any means.
4. USERS
4.1. The SERVICES offered by THE OPERATORS are available only to individuals who are 18 years or older who can form legally binding contracts under applicable law and who have registered as a USER on the WEB PROPERTIES by creating a user account OR have agreed to these TERMS AND CONDITIONS by clicking the appropriate elements on the WEB PROPERTIES
4.2. The USER or any visitor of the WEB PROPERTIES represents and warrants that all information he submits to the WEB PROPERTIES is accurate, truthful, lawful and does not infringe any rights of Third Parties. The USER or any visitor of the WEB PROPERTIES warrants that it will not use the SERVICES 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 sending more communication than a natural person could reasonably produce or to create user accounts;
collect or store personal information from other users other than the information collected during the normal course of using the SERVICES;
threaten or harass any person or entity;
gain or attempt to gain unauthorized access to any computer system, server, network or hardware of THE OPERATORS, other users or any other Third Party;
in any way that could overload, damage, disable, disrupt or harm the SERVICE or interfere with any other users use of the SERVICES;
adapt, modify or reverse engineer any of the systems or protocols of THE OPERATORS;
reformat, resell, or redistribute the SERVICES in any way without the explicit consent of THE OPERATORS in writing.
4.3. If a USER does not respect the TERMS AND CONDITIONS or any reasonable instructions from THE OPERATORS, THE OPERATORS can, at their sole discretion and without any compensation, deny the USER any further access to the WEB PROPERTIES and/or any of their SERVICES. Any attempt by a USER to damage the WEB PROPERTIES or to undermine the legitimate operations of the SERVICES may be a violation of criminal and civil laws and should any such attempt be made, THE OPERATORS reserve the right to seek damages from any such USER to the fullest extent permitted by law.
4.4. The USER agrees to indemnify and hold THE OPERATORS harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from USERs violation of these TERMS AND CONDITIONS, the use of USER CONTENT, the use of any of the WEB PROPERTIES or SERVICES, the violation of applicable laws or regulations, or the use of any of the APIs. THE OPERATORS reserve the right at USER expense to assume the exclusive defense and control of any matter for which USER is required to indemnify. THE OPERATORS and USER agrees to cooperate with THE OPERATORS defense of these claims and USER agrees not to settle any matter without the prior written consent of THE OPERATORS. THE OPERATORS will use reasonable efforts to notify USER of any such claim, action or proceeding upon becoming aware of it.
5. USER CONTENT
5.1. USERs are solely responsible and liable for the Content they upload and will refrain from uploading restricted Content to the Website.
5.2. USER CONTENT is restricted if it:
(a) violates or infringes a third party’s rights, including but not limited to privacy, publicity or any intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights);
(b) contains pornographic or obscene content;
(c) contains information about or relating to firearms or any other weapons;
(d) contains information which is false, inaccurate, misleading, harassing, racially or ethically offensive, harmful to minors, libelous or defamatory;
(e) contains trojan horses, viruses, worms or other harmful or destructive software code;
(f) is contrary to or in violation of any applicable law or regulations, including any applicable export control laws and regulations.
5.3. By submitting USER CONTENT through the SERVICES or WEB PROPERTIES, USER grants THE OPERATORS a worldwide, non-exclusive, royalty-free, irrevocable, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, incorporate into other works, perform, and otherwise fully exploit the USER CONTENT in connection with the WEB PROPERTIES and/or the SERVICES, including without limitation for promoting and redistributing part or all of the WEB PROPERTIES or the SERVICES (and derivative works thereof) in any media formats and through any media channels. USER agrees to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to its USER CONTENT.
5.4. In the case that the USER has indicated his consent by indicating that the USER CONTENT is public, the USER grants THE OPERATORS a non-exclusive, royalty free worldwide transferable license to display the USER CONTENT on any property operated by THE OPERATORS and to reproduce, distribute, display or sell the USER CONTENT or derivatives thereof for any commercial purposes. THE OPERATORS may assign these rights to any third party on a temporary or on a permanent basis.
5.5. The USER represents and warrants that he/she has all rights to grant the licenses of Clause 5.3, and 5.4 without infringing or violating any third-party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.
5.6. THE OPERATORS do not claim any ownership rights of the USER CONTENT, have no obligation to review the USER CONTENT and can in no way be held responsible for the USER CONTENT uploaded to its WEB PROPERTIES or SERVICES. Notwithstanding the foregoing THE OPERTORS can remove and/or block any USER CONTENT uploaded to its WEB PROPERTIES or SERVICES for any reason and without notice.
5.7 When USER uploads certain USER CONTENT to the WEB PROPERTIES or SERVICES he/she may be asked to select a secondary license, which is additional to the license granted to THE OPERATORS. This secondary license governs how other sites and services users may use your USER CONTENT. You will be solely responsible for complying with and enforcing the terms and conditions of the secondary license you select. You acknowledge that it is not THE OPERATORS responsibility to enforce any part of the secondary license and THE OPERATORS cannot guarantee that the secondary license will be observed or implemented by other sites or services.
6. INTELLECTUAL PROPERTY
6.1. All intellectual property rights, including but not limited to any copyright, trademark and database right, in the SERVICES or WEB PROPERTIES and the selection and arrangement thereof belong to THE OPERATORS, its licensors or other third parties. All rights in the SERVICES and WEB PROPERTIES not expressly granted herein are reserved.
6.2 Excluding your USER CONTENT, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the WEB PROPERTIES and SERVICES are owned by THE OPERATORS or its licensees. The use of the WEB PROPERTIES and SERVICES including the derivative work resulting from it use does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
7. PRIVACY
7.1. In order to use the SERVICES, USER will be required to supply certain information about them when setting up an XPLICATOR account or agreeing to these TERMS AND CONDITIONS by clicking on the appropriate element on the WEB PROPERTIES. THE OPERATORS have specified which information is required to use the SERVICES. This information will be used by THE OPERATORS to provide the SERVICES.
7.2. In addition, the Privacy Policy of THE OPERATORS shall apply to all the processing of personal information of USERS.
8. DISCLAIMERS
THE SITES AND SERVICES ARE PROVIDED “AS¬IS” AND “AS AVAILABLE” AND WE – THE OPERATORS – (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON¬ INFRINGEMENT. WE – THE OPERATORS – (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR¬FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE – THE OPERATORS – HEREBY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE – THE OPERATORS – HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY, RISK, LIABILITY, AND DAMAGES ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM ASSEMBLY OR OPERATION OF OUR PRODUCTS.
WE – THE OPERATORS – ASSUME NO RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES OR MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIABILITY & INDEMNIFICATION
9.1 THE OPERATORS make no representation, expressed or implied warranties about the fitness of the WEB PROPERTIES or SERVICES for any particular purpose.
9.2. THE OPERATORS aggregate cumulative liability under or in connection with the use of the WEB PROPERTIES or the SERVICES is limited to the fees paid by the USER during the period of the last 3 months. THE OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMANGES WHETHER BASED UPON CONTRACT, USE OF WEB PROPERTIES OR SERVICES, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM ITS PERFORMANCE OR NON-PERFORMANCE UNDER THESE TERMS AND CONDITIONS. THE ABOVE LIMITATIONS SHALL NOT APPLY IN THE EVENTS OF WILFUL INTENT OR GROSS NEGLIGENCE OF THE OPERATORS.
9.3. In the event the USER´s 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 AND CONDITIONS, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.
10. APPLICABLE LAW AND JURISDICTION
10.1. The TERMS AND CONDITIONS and any disputes in connection thereto shall be governed by and construed in accordance with the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, claim or cause of action arising out of, or in connection with the TERMS AND CONDITIONS or the USER´s use of the WEB PROPERTIES or SERVICES shall be submitted to the jurisdiction of the competent courts in Hamburg (Germany), unless provided otherwise by operation of applicable mandatory law.
10.2. THE OPERATORS do not guarantee that the SERVICES offered through its WEB PROPERTIES can be used in locations outside of Germany. You are solely responsible that your use of the SERVICES and WEB PROPERTIES complies with your local applicable laws.
11. SEVERABILITY
If any provision of the TERMS AND CONDITIONS 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.
12. GENERAL
THE OPERATORS may subcontract all or a portion of their obligations under these TERMS AND CONDITIONS.
13. CONTACTING US
If you have any queries about the manner in which the Website is operated, the SERVICES are provided, or how your personal information is used by THE OPERATORS, please contact us at contact@xplicator.com.