Last Revised: [25th July, 2014]
1. Eligibility and Access
The Site is available only to users who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least 18 years of age. If you are under 18, you may use the Site only with involvement of a parent or guardian.
To use certain features of the Site (e.g., to purchase any of our Products), you will need to create an account with your name, email address and password. You represent and warrant that all information you submit when you create your account and all information you voluntarily choose to include in your profile is accurate, current and complete, and that you will keep such information accurate, current and complete. You are solely responsible for the activity that occurs on your account, whether authorized by you or not. You must notify staramba immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses due to any unauthorized use of your account.
By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the Site; (ii) that you are using the Site only for permitted purposes; and (iii) you are not a competitor of staramba, or agent thereof.
2. Modification Of Terms
3. Our Content and Grant of Limited License
The Site, including all text, graphics, photographs, images, and illustrations (“Content”), is protected by copyright, trade secret and other intellectual property laws and staramba and our licensors own all title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to staramba trademarks or service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. staramba reserves all rights not expressly granted to you in this Agreement.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for Products sold on the Site and reviewing Site content and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
4. Permitted Uses
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. Further, you may not (a) make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; or (g) use the Site to engage in any illegal activities.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
5. User Content
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or company; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties or any software intended to damage or alter a computer system or data.
With respect to any Content you submit or make available through the Site, you grant staramba a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to staramba.
6. Copyright Infringement
staramba has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that staramba has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of staramba users who are repeat copyright infringers. staramba may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide staramba’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
staramba’s agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address: email@example.com.
Attn: Copyright Agent
Aroser Allee 66
7. Order Acceptance Policy
We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Upon acceptance of your order, we will charge your credit card account and send you a confirmation email with shipping information for the order (or the accepted portion thereof). You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending us an email at firstname.lastname@example.org or calling our customer service department +49 (0)800 72 41 807.
Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
8. Payment Terms
When you place an order on the Site, you agree to pay the following as of the time you submit the order:
- The purchase price (as currently listed) for each Product;
- Any sales taxes or duties; and
- Shipping and handling fees for the delivery service you select.
Except as provided herein, all payments are non-refundable and all Products are non-returnable.
a. Sales Tax
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the purchase price of a Product.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on staramba’s net income), on orders shipped to any other state or on orders shipped outside the United States. All such amounts will be calculated and displayed at checkout.
b. Shipping and Handling
Fees for shipping and handling are not included in the purchase price of any Product. All such amounts will be calculated and displayed at checkout.
staramba, in conjunction with our service providers, will attempt to deliver the Products you have ordered within the request range of days provided at the time the order was placed. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments. The risk of loss and title for each Product purchased by you passes to you upon our delivery of the Products to the carrier (FOB Shipping Point, Berlin).
9. Errors, Inaccuracies and Omissions
We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, an immediate credit will be issued to your credit card.
10. Links to Third Party Sites
11. Limited Warranties
staramba warrants only that the Products manufactured by staramba will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. staramba does not give any warranty about the Products and does not guarantee that the Products will be fit for any particular purposes. Please inspect the Products upon receipt immediately. If a Product is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 10 days after receipt of the faulty Product. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the Product unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty Product will be borne by us.
THE SITE, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT FOR THE WARRANTY SET FORTH IN ABOVE, STARAMBA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SITE, SERVICES OR PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WE DO NOT PROMISE USE OF THE SITE OR SERVICES WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE WILL PROVIDE ANY SPECIFIC RESULTS.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE THAT (a) THE MATERIALS USED FOR MANUFACTURING THE PRODUCTS MAKE THE PRODUCTS SUITABLE ONLY FOR DECORATIVE PURPOSES OR AS COLLECTOR’S ITEMS, AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE; (b) THE PRODUCTS ARE NOT SUITED TO BE USED AS TOYS OR TO BE GIVEN TO CHILDREN; (c) IN ORDER TO AVOID DISCOLORATION OR DAMAGE, THE PRODUCTS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT; (d) THE PRODUCTS ARE OF A FRAGILE NATURE AND SHOULD HANDLED WITH CARE TO AVOID BREAKAGE OR DAMAGE; AND (e) THE COLOR OF THE PRODUCTS MAY NOT BE EXACTLY AS THEY APPEAR ON THE SITE.
12. Limitation On Liability
YOU AGREE THAT STARAMBA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED IN ANY WAY TO THE SITE, SERVICES, PRODUCTS OR YOUR ACCESS TO, AND USE OF THE SITE, SERVICES OR PRODUCTS (EVEN IF STARAMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL STARAMBA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID TO STARAMBA FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY.
The limitation of liability set forth above shall not apply to (i) liability resulting from staramba’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from staramba’s acts or omissions.
You will indemnify, defend, and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your wrongful or improper use of the Site; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access and/or use of the Site with your account information.
- Miscellaneous. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. These Terms of Service constitute the entire agreement and understanding between you and staramba with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- Governing Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of New York, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any controversy or claim (except those regarding intellectual property) arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. User hereby consents to the arbitration in the State of New York, in the county of New York.
- Non-Assignment. You may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without our prior written consent.
- Modifications to this Agreement. You acknowledge and agree that staramba may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
- Notices. For contractual purposes, user consents to receive communications from staramba in electronic format and agrees that all communications electronically received from staramba will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user’s statutory rights.
- Force Majeure. staramba shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of staramba. In the event that staramba is temporarily unable to ship to you a purchased item because of such an event, staramba will give you the option of deferring shipment or receiving a refund of your charges.
Contact Information. If you have any questions about this Agreement, please contact us via email at email@example.com or regular mail at the following address:
Aroser Allee 66
15. Platform for online dispute resolution (so-called OS-platform) of the European Commission
The link to the European Commission online platform for extrajudicial online dispute resolution (so-called. OS-platform) is reachable at: http://ec.europa.eu/consumers/odr/ Our e-mail address is: firstname.lastname@example.org