TERMS OF USE

These terms and conditions of use (“Terms Of Use”) apply to all visitors to or users of the XYZprinting, Inc. (“XYZprinting”) website located at http://www.xyzprinting.com/ and XYZprinting websites around the world (collectively, the “Site”). Please review the Terms Of Use carefully.

BY ACCESSING, ENTERING OR USING THE SITE, YOU ACCEPT AND AGREE TO THE TERMS OF USE BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

XYZprinting reserves the right to change, modify, add or remove portions of these Terms of Use at any time, at its sole discretion. Your continued use of the Site means that you accept and agree to the changes. If you do not agree to the changes, your sole and exclusive remedy is to stop using the Site.

Content

All contents including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by or licensed by or to XYZprinting, and is protected by copyright, patent, trademark laws, and other intellectual property rights and unfair competition laws.

Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way or by any means for publication or distribution for any public or commercial purpose, without prior written permission of XYZprinting.

Register on the Site

In order to use certain features of the Site (e.g., pre-order online), you may provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you may occasionally receive newsletters from XYZprinting. You can delete your account and unsubscribe at any time, for any reason, by following the instructions on the Site. We reserve the right to immediately terminate or restrict your account or your use of or access to Site at any time, without notice or liability, if XYZprinting determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

Use of the Site

User access to this Site is governed by all applicable federal, state and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You may not use the Site or content in a manner that is prohibited by these Terms of Use or for any purpose that is unlawful.

You agree that XYZprinting may, in its sole discretion and without prior notice, terminate and/or block your access to the Site at any time and for any reason, including but not limited to your violation of these Terms of Use or a request by law enforcement or other government agencies.

Other Terms and Conditions

Additional terms and conditions may apply to your purchase of products, 3D files or to your use of particular portions of the Site (“Additional Terms”). The Additional Terms are incorporated into these Terms of Use by this reference and you agree to comply with the Additional Terms. If there is a conflict between the Terms Of Use and the Additional Terms, the Additional Terms shall control with the respect to your use of the particular portion of the Site.

Subscribe Newsletter

In order to receive press releases and special offers occasionally, you may subscribe to the newsletters from XYZprinting, in order to do so you must provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you may unsubscribe at any time, for any reason, by following the instructions on the Site.

Privacy

XYZprinting’s Privacy Policy also applies to use of this Site and its terms are made part of these Terms of Use by this reference. Click here to view XYZprinting’s Privacy Policy.

Products and Services Availability and Accuracy

All prices, features, content and specifications of products and services described or depicted on this Site are subject to change without notice. XYZprinting, which operates this Site, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site.

Disclaimer

XYZprintingXYZprinting MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL BE ERROR FREE OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. XYZprinting DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. XYZprinting ALSO DISCLAIMS ALL LIABILITY FOR ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES RELATED TO YOUR USE OF THE SITE. YOU ASSUME ENTIRE COST AND ALL RISK RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DOWNLOADS OR INFORMATION OBTAINED FROM THE SITE.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL XYZprinting be LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOST PROFITS OR REVENUE, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, EVEN IF XYZprinting HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS TERMS OF USE, IF XYZprinting IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSS WHICH ARISES OUT OF YOUR USE OF THIS SITE OR ITS CONTENT, XYZprinting’s ENTIRE LIABILITY SHALL BE LIMITED TO US$50.00.

Waiver

You agree, to the extent permitted by law, to waive all rights to and shall not sue and recover damages from XYZprinting as a result of XYZprinting’s suspension or termination of your access to or use of the Site for any reason.

Indemnity

You expressly agree to indemnify, defend, and hold harmless XYZprinting, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, attorneys fees, or expenses made against XYZprinting by a third party arising out of or in connection with your use of this Site or violation of these Terms of Use. XYZprinting reserves the right to take on the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate fully with XYZprinting’s defense of the claim. XYZprinting will promptly notify you of such disputes and claims in writing. Without the XYZprinting’s prior written consent, you have no authority to represent the XYZprinting to admit any fault, liability, make any settlement or compromise of disputes or claims for XYZprinting. No delay or failure to exercise or enforce any legal right or remedy under this Terms Of Use will constitute a waiver unless expressly waived by the XYZprinting in writing.

Links to Third-Party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. Access to any other third party website linked to this Site is at your own risk and XYZprinting is not responsible for the accuracy or reliability of any information, data, advice or statements made on those sites. XYZprinting does not control the third-party websites and does not endorse or make any representation about such third-party websites, any information found there or any results that may be obtained from using them.

Governing Law; Dispute Resolution

Your access to or use of the Site or Content, including all disputes arising therefrom shall be governed by the laws of the Republic of China (Taiwan), without regard to conflict of laws principles and without regard to your actual place of residence. You agree that the exclusive jurisdiction for any claim or dispute with XYZprinting, Inc., a Taiwan company, or relating in any way to your use of the Site or content resides in the courts of the Republic of China (Taiwan) in Taipei, Taiwan. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Republic of China (Taiwan) in Taipei, Taiwan, in connection with any such dispute and including any claim involving XYZprinting, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

General

These Terms Of Use, in addition to any additional terms and conditions to which you agree when using particular portions of the Site, constitute the entire and exclusive and final statement of the agreement between you and XYZprinting with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and XYZprinting with respect to such subject matter, if any. The failure of XYZprinting to exercise or enforce any right or provision of these Terms Of Use shall not constitute a waiver of such right or provision. If any provision of these Terms Of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of XYZprinting and you as reflected in the provision, and that the other provisions of these Terms Of Use remain in full force and effect. The section titles in these Terms Of Use are for convenience only and have no contractual or legal effect. These Terms Of Use shall remain in full force and effect even if you terminate your use of the Site. These Terms Of Use will be interpreted without application of any strict construction in favor of or against you or XYZprinting.