Terms and Conditions
Last Revised: February 3, 2016.
Voxel8, Inc. (“Voxel8,” “we” or “us”) provides products and services, including, but not limited to our websites that link to these Terms and Conditions, including www.voxel8.co (the “Websites”), the Voxel8 Platform (as defined below) (collectively, the “Service”), and Voxel8's 3D Electronics Printer (the “Voxel8 Printer”).
If you use the Service on behalf of a company, organization, or other entity, then (a) “you” or “your” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms and Conditions, make any purchases you make through the Service, and that you agree to the Terms and Conditions on that entity’s behalf.
If you have any questions about these Terms and Conditions, please write to us by email at firstname.lastname@example.org.
BY CLICKING ACCEPT OR USING THE SERVICE, YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS AS WELL AS THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR MADE AVAILABLE BY VOXEL8; IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MUST NOT [CLICK ACCEPT OR] USE THE SERVICE AND YOU MAY NOT PURCHASE ANY PRODUCTS (INCLUDING WITHOUT LIMITATION, VOXEL8 PRINTERS) THROUGH THE SERVICE.
If these Terms and Conditions are considered an offer, our acceptance is expressly limited to your agreement to these Terms and Conditions. These Terms and Conditions will expressly supersede any ordering documents, purchase orders, or other ordering or purchasing terms or conditions presented to us by you.
We reserve the right to modify these Terms and Conditions at our sole discretion. Any such modifications will be effective immediately upon posting. The date of the latest revision will always appear at the top of the page. You should periodically check this page to review the current Terms and Conditions.
Voxel8 has the right to change, modify, update, add to, discontinue or retire the Service and any aspect or feature thereof, including but not limited to, hours of availability, hardware and equipment requirements, data storage limits, software updates, and support. Voxel8 may provide notice of material changes to the Service by posting a description of such changes on the Websites.
You must be at least 18 years old to use the Service. By agreeing to these Terms and Conditions, you represent that you are at least 18 years old.
3 Technical Requirements
Use of the Service and certain functionality of the Voxel8 Printer may require a compatible computer and Internet access. Your ability to use the Service and Voxel8 Printers may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. Without limiting the foregoing, you must obtain and maintain, and pay all charges, taxes and other costs and fees related to, Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access and use the Service. Further, you agree to always use the most recent version of the Service made available by Voxel8.
To use certain functionality of the Service and Voxel8 Printers, you must register for an account and submit account information including a name, email address, and password.You agree to provide and maintain accurate and complete registration information about yourself.
You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Voxel8 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Voxel8 will not be responsible or liable for any loss or damage arising from failure to comply with these obligations.
5 License To You
Voxel8 hereby grants to you, subject these Terms and Conditions, a personal, nonexclusive, nontransferable, revocable license, without the right to sublicense, to access and use the documentation, software and other technology supplied by Voxel8 to enable you to use the Voxel8 Printer and receive or access certain functionality of both the Service (the “Voxel8 Platform”) solely in conjunction with using the Service and/or Voxel8 Printers.
You acknowledge and agree that (i) all right, title and interest in and to the Service, including the Voxel8 Platform therein, and all patents, copyrights, trade secrets, trademarks, trade names, service marks, slogans, logos, other trade-identifying symbols and other proprietary rights embodied therein or associated therewith or embodied within or associated with the Voxel8 Printer, (the “Proprietary Materials”) are and shall remain with Voxel8 or its third party licensors; (ii) no right or interest in the Service or Proprietary Materials is conveyed other than the limited licenses granted herein; (iii) the Service and Proprietary Materials are protected by copyright and other intellectual property laws; and (iv) the Service and Proprietary Materials embody valuable confidential and trade secret information of Voxel8 or its licensors, the development of which required the expenditure of considerable time and money.
You agree to protect the Service and the Proprietary Materials from unauthorized access or use, and you agree that you will not use the Service or Proprietary Materials except as expressly permitted herein. Except as specifically permitted herein, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Service or Proprietary Materials, any updates, or any part thereof in any unauthorized manner; or (b) copy, adapt, create derivative works of, translate, localize, port, decompile, decode, reverse engineer, reverse assemble, otherwise attempt to learn or discover any source code, or otherwise modify the Service or Proprietary Materials, any updates, or any part thereof in any form or manner by any means. You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights notices on or used in the Service or Proprietary Materials; (ii) use any data mining, robots, scraping or similar data gathering or extraction methods on or through the Serviceor Proprietary Materials; (iii) use any means to discover the trade secrets in the Service or Proprietary Materials; (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms or (v) otherwise circumvent any functionality that controls access to or otherwise protects the Service or Proprietary Materials. Any attempt to do any of the foregoing is a violation of the rights of Voxel8 and its subsidiaries, affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
The “Voxel8” name and logo are trademarks and service marks of Voxel8 (collectively the “Voxel8 Marks”). Other company, product, and service names and logos used and displayed via the Service (collectively the “Third Party Marks”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Voxel8. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Voxel8 Marks or Third Party Marks displayed on the Service, without the owner’s prior written permission in each instance. All goodwill generated from the use of theVoxel8 Marks or Third Party Marks will inure to the exclusive benefit of the owner.
You acknowledge that your access to and use of the Service may be suspended for the duration of any scheduled or unscheduled downtime or unavailability of any portion or all of the Service for any reason, including as a result of power outages, system failures or other interruptions, or any other acts, omissions or failures on the part of Voxel8.
The terms of the license granted in this Section 5 will govern any software upgrades provided by Voxel8 that replace and/or supplement the original Voxel8 Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
6 Third Party Software, Tools And Websites
Certain third party software and components may be provided or made available by Voxel8 or third parties in connection with your use of the Service, including without limitation the Autodesk Project Wire software. Your use of the Autodesk Project Wire software is governed by a separate license agreement
located at http://www.autodesk.com/company/legal-notices-trademarks.
Additionally, third party links on our Websites or accessible through the Service may also direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party websites, or for any other materials, products, or services of third parties.
You agree that Voxel8 will not be responsible or liable for third party products (including without limitation third party software or websites), the acts or omissions of third parties, or any loss or damage occurred as a result of the use of any of the above.
You should make whatever investigation you feel necessary or appropriate before proceeding with any use of such third party software, websites or other third party products. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
You acknowledge and agree that any and all (i) questions, comments, suggestions, ideas, feedback or other information about the Service provided by you to Voxel8 (collectively “Feedback”), and (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Voxel8 or otherwise relating to the Service (collectively “Revisions”) are and will remain the property of Voxel8. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grantyou any right, title or interest in the Service or in any such Feedback or Revision. All Feedback and Revisions become the sole and exclusive property of Voxel8 and Voxel8 shall be entitled to the unrestricted use and dissemination of Feedback and Revisions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Youhereby assign to Voxel8 any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. At Voxel8’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
8 Your Obligations
You are solely responsible for your use of and activity in relation to the Service. Your permission to use the Service is conditioned upon the following use and conduct restrictions.You agree that you will not under any circumstances use the Service to:
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
The Service is operated from within the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to youruse of the Service.
You warrant that you are the owner or legal custodian of, or otherwise have the right to provide to Voxel8, all programs, data, information and other content transmitted via the Platform and hosted through the Service, (“Data”) and have the full authority to transmit and store the Data through the Service. You hereby grant Voxel8 a nonexclusive, transferable, irrevocable license, with the right to sublicense, to access, store and use the Data that you transit via the Service for the purposes of providing, improving and monitoring the use of, the Service. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your Data on your equipment. You understand that the Service may store and backup files that are no longer usable due to corruption from viruses, software malfunctions and other causes, which might result in you restoring files that are no longer usable. Without limiting the generality of the foregoing, Voxel8 will have no liability to you for any unauthorized access to, or use, alteration, corruption, deletion, destruction or loss of any of your Data. You hereby grant Voxel8 a perpetual, irrevocable, non-exclusive, worldwide right to use your Data for the purposes of improving and creating new Voxel8 products and services.
You hereby grant Voxel8 a limited, non-exclusive, worldwide right and license to use your name, company name, trademarks and logos, on our Websites and in our sales and marketing materials.
9 Purchases Of Voxel8 Printers
Voxel8 offers on the Service the ability to purchase a Voxel8 Printer and any other product from us (“Products”). When you purchase a Product, it is an agreement between Voxel8 and yourself, and may not be altered, supplemented or amended by any other document unless the new document is signed by both Voxel8 and you. The software and documentation accompanying or made available to you through your purchase or use of the Voxel8 Printer or any other Products, in read only memory, on any other media or in any other form, are licensed, not sold, to you as part of the Voxel8 Platform subject and pursuant to Section 5 of these Terms and Conditions.
Product Descriptions. All descriptions of our Products are subject to change at any time, with or without notice, in our sole discretion. Further, we reserve the right to modify or discontinue any of our Products any time, with or without notice in our sole discretion. The information provided online with respect to products may be out of date, and we make no commitment to update the information provided online with respect to products and services.
Your Account Information. When placing an order, you agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.
Shipping. Product title passes to you when the product is shipped. You have 15 days to notify us of any missing, wrong, or damaged products of Voxel8 cannot be held responsible for these issues.
Prices. Our prices are subject to change at any time with or without notice at our sole discretion and we reserve the right to correct any pricing errors that may inadvertently occur. Further, our prices do not include shipping; value added, sales or use taxes; duties; tariffs; or other similar taxes or charges. You will be charged separately for such amounts and will be responsible for paying such amounts. You agree to indemnify and hold Voxel8 harmless from and against any liabilities, interest, penalties or fees assessed against Voxel8 arising from your failure to pay any such amounts. Unless otherwise set forth herein, all amounts are payable in U.S. dollars and are nonrefundable.
Acceptance and Fulfillment. All orders are subject to acceptance by Voxel8. After you place an order, you will receive an email from Voxel8 confirming that Voxel8 has received it. Voxel8 reserves the right to restrict the quantities of your order or not to accept your order for any or no reason. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. If we cancel an order for which we have already received your payment, we will refund to you the amount paid. We are currently accepting pre-orders for our Developer’s Kit and expect to begin shipping this Product sometime in the second quarter of 2016.
Resale. Purchases of our Products are intended for end users only, and are not authorized for resale.
Export; Compliance with Law. Our Products, including without limitation Voxel Printers, are subject U.S. and foreign export control laws and regulations and must be purchased, sold, exported, re-exported, transferred and used in compliance with such export laws and regulations. Any offer for any Product is void where prohibited by law. You may not use or otherwise export or re-export the Products except in accordance with applicable export laws. In particular, but not in limitation, you may not export or re-export the Products into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the sale of any Product to you would violate applicable law. You also agree that you will not use the Products for any purposes prohibited by applicable law.