Welcome to the Embossify.com website (the "Site"), which is provided by its owner(s). ("we," "us" or "our"). We provide a service to create 3D stereolithography files from 2D images (the "Service"). Please review the following Terms of Service Agreement (the "Agreement") governing your use of and access to the Site. By using the Site, you represent and warrant that you have read and understood and agree to be bound by the Agreement. You agree that you have reached the age of majority in your state or country or that you have parental permission to use the Site.
Acceptance of Agreement
By using the Site, you represent and warrant that you have read and understood and agree to be bound by this Agreement. This Agreement comprises the entire agreement between you and us and supersedes any prior agreements pertaining to the subject matter contained herein. If you do not agree with this Agreement, you may not access or otherwise use the Site.
Limited License
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement. We reserve any and all rights not expressly granted herein.
Restrictions and Prohibitions on Use
Without limiting the generality of "Limited License" above, your license for access and use of the Site and any information, materials, documents, or data (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use:Images
You acknowledge that you are responsible for all image data, including without limitation, illustrations, photographs, JPEG, GIF, or other Images sent or transmitted by you to us (collectively, a "Image"), and you, not us, have full responsibility for the Image, including its legality, reliability, appropriateness, originality, trademark and copyright. You hereby warrant and represent that any Image you submit will be solely your original work, that no Image will infringe upon or violate any intellectual property right or any other right of any other person. You agree that we are entitled to use the Image for the purpose of providing the Service to you. Images and stereolithography files are cached on the server for 3 days. Images and stereolithography files older than 3 days are customarily deleted daily.
Modifications to Agreement
We reserve the right to review and modify this Agreement at any time and to provide notification solely by posting an updated version of this Agreement on the Site. You are responsible for regularly reviewing our policies. Continued use of the Site after any policy change shall constitute your binding consent to such changes.
Service Emails
We reserve the right to send users service emails notifying the user of operational or other changes that may affect or change the current services offered. Please note that users cannot opt-out of such service emails because these service emails provide information critical for the operation of the Site. If you have installed Anti-Spam filters or software on your email service, please ensure that legitimate emails from "embossify.com" are not falsely identified as spam or junk.
Third Party Content
The Site may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources. In addition, we are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.
Third Party Services
We may allow access to or advertise certain third party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATING TO THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Suspected Violation of this Agreement or Law; Remedies
Violations of this Agreement, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress. You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site or exercise any other remedy available, if we believe that your conduct or the user content you provide, violates or is inconsistent with this Agreement or the law. You recognize, acknowledge and agree that the we are entitled to recover from you the costs and attorneys' fees incurred by us to enforce the terms of this Agreement.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features of the Site and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
Indemnification
You agree to fully and completely indemnify and hold us and our successors and assigns and each of our and their respective parents, subsidiaries, affiliates, officers, directors, agents, representatives, successors and assigns harmless from any claim, suit, demand or action, including without limitation all claims for damages, fees and costs (including attorneys' fees), made by any third party due to or arising out of your use of the Site, your violation of this Agreement or your violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and, as set forth above, be fully responsible for our attorneys' fees.
Disclaimers And Limitations
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE UNINTERRUPTED, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR EMPLOYEES, REPRESENTATIVE OR AGENTS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR 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 FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Additional Liability Limitation
WITHOUT LIMITING THE GENERALITY OF "DISCLAIMERS AND LIMITATIONS" ABOVE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION, ANY UNLAWFUL, INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT AND MATERIALS, OR (2) ANY THIRD PARTY CONDUCT, SUBMISSION, TRANSMISSION OR DATA. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONTENT AND MATERIALS OR ANY THIRD PARTY CONDUCT, SUBMISSION, TRANSMISSION OR DATA.
Errors, Corrections and Changes
We reserve the right to make improvements and/or changes to the Site at any time with or without notice. You agree that we shall not be liable to you or any third party for any modification of the Site.
Assignment
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, and all others contained herein, this Agreement will be binding on, inure to the benefit of and be enforceable against your successors and assigns, provided, however, that the foregoing does not create any right to assignment. This Agreement and all incorporated agreements and your information may be assigned by us in our sole discretion.
Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Payment is due at the time of order. In the event of any default in making payments due to us, you agree to pay to us interest on any unpaid balance at the highest applicable legal rate from the date of default, plus our costs of collection, including attorneys' fees.
No Refund Policy
All sales are final and no refunds will be issued, unless a clear technical problem results in an inadvertent duplicate payment. Please ensure your transaction is correct before submitting your payment. By submitting any payment to us, you are agreeing to our no refund policy.
Statute of Limitations
You agree that any cause of action against us arising out of or related to the Site or any related service, regardless of its form, must be commenced by you within one (1) year from the date on which the cause of action arose; otherwise, such cause of action is permanently waived and barred.
Construction
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Severability
In the event that any portion of this Agreement is held invalid or unenforceable by a court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
Waiver
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No provision of this Agreement will be waived by any act, omission or knowledge of us or our agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of ours.
Termination
We reserve the right to terminate any users' access to the Site or any related service at any time for any or no reason, with or without notice. We shall not be liable in any manner whatsoever in connection with any such termination of service. If your access is terminated, you agree not to use or access the Site or any related service, or to assist or cause any third party to do the same. Our rights under this Agreement shall survive any termination of this Agreement.
Governing Law
This Agreement shall be governed by the laws of the State of New York (without giving effect to conflict of law provisions), and all actions arising in connection with this Agreement shall be brought within the State of New York.
Dispute Resolution
Any controversy, dispute or claim arising out of or relating to this Agreement or our services shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be before a single arbitrator. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, dispute or claim of any other party. The arbitration shall be conducted at a site in the State of New York, City of New York, and under the laws of the State of New York (without giving effect to conflict of law principles), and judgment on the arbitration award may be exclusively entered in any court having jurisdiction thereof within the State of New York. Nothing herein shall limit the right of you or us to seek any interim or preliminary equitable or injunctive relief from a court of competent jurisdiction within the State of New York necessary to enforce any right under this Agreement pending the completion of arbitration. Each party shall bear one-half of the costs of the arbitration, including the fees incurred through AAA. You expressly consent to and waive any objection which you may have or hereafter have to the venue or jurisdiction of any such action, suit or proceeding as set forth herein.
Intellectual Property
The Content and Materials available on the Site are our property or the property of third parties and are protected by copyright, trademark and other intellectual property laws. We reserve any rights not expressly granted herein.
Please contact us with any questions regarding the Site or this Agreement.
