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Vectary, Inc., is a company existing and organized under the laws of the state of Delaware, in the United States (in these Terms of Use Vectary Inc. shall be referred to as the Company, we, us or any similar expression). You may contact us through email at support@vectary.com.We have developed and operate the website located at www.vectary.com (Site) whereby the users can create and share digital designs that can be customized, downloaded and/or printed on 3D printers to create physical objects (collectively, with all other services accessible through the Site the Services).
1.1 These terms shall govern a public beta operation of the Site and/or the Services by an unlimited number of users. The operation of the Site and/or the Services is under development and may not yet function as intended and bugs or errors may cause (i) temporal interruption of the Site and/or the Services, (ii) loss of data or content, (iii) loss of results of the works created by using the Site and/or the Services and etc. We will bear no liability in respect of any such adverse effects.
1.2 During the public beta operation, at our sole discretion we may provide access to the Site and/or provide the Services free of charge or introduce charges (or paid subscriptions) applicable to the Services (or any part of it). Without prejudice to paragraph 3, at any time, we may change the commercial terms applicable to the public beta operation of the Site and/or the Services by sending you a written notice via the email you have provided us during Site registration or by posting such information in your Account or on the Site.
1.3 Pursuant to these Terms of Use we shall have the full right to use all the information, know-how, intellectual property and data contained, obtained or otherwise ascertained in respect of the public beta operation.
2.1 These Terms of Use apply to your use of the Site and/or the Services and shall govern the contractual relations between you and us.
2.2 Furthermore, these Terms of Use apply to any updates or supplements to the Site and/or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Site, the terms of an open-source license may override some of the terms of these Terms of Use.
2.3 Personally identifying information is subject to our Privacy Policy published at the Site, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
2.4 Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted at the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.
2.5 By entering or using the Site and/or any of the Services, you agree to unconditionally comply with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Services.
2.6 YOU MAY ONLY USE THE SITE AND/OR SERVICES IF YOU HAVE THE AUTHORITY AND LEGAL CAPACITY TO ENTER INTO AN AGREEMENT CONCLUDED BETWEEN YOU AND US UNDER THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE T
3.1 To be able to use all of the functions of the Site and the Services (e.g., to create, upload, modify, download or display a project etc.), you will need to login to your Account.
3.2 Before the first use of the Services, you will be required to register and create an account (Account) by supplying us truthfully and fully with the required data (some of the data being provided on voluntary basis only) as prompted at the Site. You must choose an email address at which we can contact you and link actions from other people to you.
3.3 You are responsible for keeping your password confidential. This means, that you should not give it to anyone else, should not permit or enable third parties to gain access to it and that you shall take the necessary steps to guarantee its confidentiality and security. If your password is lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via our email to support@vectary.com.
3.4 We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. The terms of your subscription will be disclosed at the time you sign up or in other communications made available to you. You can find specific details regarding your subscription within your Account profile. We reserve the right to modify, terminate or otherwise amend our subscription plans at any time, in our sole and absolute discretion.
3.5 Certain Services or Plug-ins provided by us may be paid (require paid subscription) (Paid Services). Depending on our offer communicated to you, the Paid Services may be subject to one-off fee (One-off Fee) or subscription payment for a subscription period (Paid Subscription) (One-off Fee and Paid Subscription collectively being referred to as the Fee). PAID SUBSCRIPTIONSWILL RENEW AUTOMATICALLY UNTIL YOU CANCEL THEM. PAID SUBSCRIPTION PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE SUBSCRIPTION COST. IN ORDER TO AVOID BILLING FOR A RENEWED SUBSCRIPTION PERIOD, YOU MUST CANCEL PAID SERVICES OR DOWNGRADE THE PAID SUBSCRIPTION BEFORE LAPSE OF THE APPLICABLE SUBSCRIPTION PERIOD. YOU MAY DOWNGRADE FROM A PAID SUBSCRIPTION TO OTHER PAID SUBSCRIPTION OR TO A FREE SUBSCRIPTION AT ANY TIME (DOWNGRADE) BY FOLLOWING THIS www.vectary.com/pricing/ AND SUCH DOWNGRADE SHALL TAKE EFFECT AT THE BEGINNING OF THE NEXT SUBSCRIPTION PERIOD. PLEASE BE AWARE THAT AFTER DOWNGRADING YOU WILL LOSE THE RIGHT TO USE CERTAIN SERVICES AVAILABLE ONLY UNDER THE RELEVANT PAID SERVICES AND THAT MAY AFFECT YOUR ABILITY TO USE YOUR PROJECTS. In the case of a material change in the terms of the automatic renewal, we shall provide you with notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by you.
4.1 You are solely responsible for any and all information and content that you create using, submit to use, or used with the Site and/or Services (e.g., Your Private Projects, Your Public Projects in the user's profile or your postings) (Your Content).
4.2 Subject to strict compliance with these Terms of Use (in particular the User Policy set forth below), you may use information and content created and published by other users of the Site’ and/or the Services (in particular Public Projects of the other Site’ and/or Services’ users), subject to the license restrictions set forth in Section 8.4 below (Others´ Content) (for the purpose of these Terms of Use Your Content and the Others´ Content will collectively be referred to as the User Content).
4.3 In your Account you have an option to choose whether the projects created by you using the Site and/or the Services (and/or uploaded into the Site) will be held private, i.e. accessible only by you for your private use (Your Private Projects) or published and accessible to the other Site’ and/or Services’ users under the licensing terms set out in paragraph 8.4 of these Terms and Conditions (Your Public Projects).
4.4 We accept no responsibility for any User Content created or uploaded by you or other Site’ or Services’ users, and you create and use such User Content at your own risk. Furthermore, we accept no responsibility for design and/or content of external websites linked to/from the Site. In particular, we give no guarantee that the content showed in the Site is true, fulfills any particular purpose or can serve any particular purpose. Furthermore, we accept no responsibility for any User Content and give no warranty that the User Content is accurate, complete, useful for any purpose (direct or implied) that may be published at the Site. We do not examine whether User Content uploaded to the Site is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
4.5 We reserve the right (but not have any obligations) to review any User Content and its compliance with these Terms of Use (and in particular the User Policy). We shall have the right to take in our discretion any measures to protect the Company against any such violation, including but without any limitation to stop providing you with the Services, deny you access to the Site and/or Services and/or to your Account and/or terminate your Account or subscription.
4.6 You alone are responsible for Your Content. When using the Site and/or Services you must ensure that any of Your Content does not violate the User Policy. You may not state or imply that Your Content is in any way provided, sponsored or endorsed by the Company. IT IS YOUR RESPONSIBILITY TO BACK UP ANY OF YOUR CONTENT AND TO CARRY OUT OTHER SECURITY MEASURES TO PREVENT ANY ACCIDENTAL LOSS OR DAMAGE TO YOUR CONTENT AND TO GUARANTEE RECONSTRUCTION OF ANY OF YOUR USER CONTENT IN CASE OF DATA LOSS.
4.7 WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT THAT IS (OR POTENTIALLY MAY BE HELD) IN VIOLATION WITH THE USER POLICY OR ANY APPLICABLE LAW IN ANY TERRITORY WHERE THE SITE AND/OR SERVICES ARE USED (OR POTENTIALLY MAY BE USED).
4.8 WE RESERVE THE RIGHT TO DELETE ANY PRIVATE PROJECTS CREATED AND/OR UPLOADED INTO THE SITE, IF YOU HAD NOT USED (OR PAID) ANY OF THE SERVICES IN THE PREVIOUS 12 MONTHS.
5.1 On voluntary basis (and free of any charge or royalty) you may provide us through the Site and/or e-mail with feedback or suggestions (Feedback) You will retain all the right, title and interest in and to the Feedback, except for the right to use the Feedback in accordance with the license granted under these Terms of Use. The Feedback is not confidential even if designated as confidential by you and we may freely use and disclose the Feedback to any third party.
6.1 You must have a valid payment instrument, such as a credit card or other permitted payment method (Payment Instrument) in order to purchase our Paid Services. By submitting your Payment Instrument you confirm that you are entitled to use the Payment Instrument for the purpose of subscribing to the Paid Service(s). The subscription fees will be billed by us automatically to your Payment Instrument on the calendar day corresponding to the day you subscribed for the Paid Services (or any of them). Every further payment will be due at the beginning of the new subscription period of the Paid Subscription.
6.2 You agree, that we will charge you the Paid Services and you acknowledge that the Fee may be billed in one or more installments. We reserve the right to change the Fees or any components, terms of use or other conditions of the Paid Services. Paid Services subject to a One-off Fee will be provided by us for an indefinite period of time, but we may terminate such Paid Service without any restrictions after lapse of 12 months from the subscription and after that you will not be entitled to receive back any One-off Fee (or proportion of it). We will duly notify you of any changes concerning the terms on which the Paid Services are provided through e-mail or by posting the information in your Account or on the Site.
6.3 You may be charged a foreign transaction fee or other charges by the issuer of your Payment Instrument for certain payments. For further details on foreign transaction fees please check with your Payment Instrument service.
6.4 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIALLY USED SUBSCRIPTION PERIOD. HOWEVER, FOLLOWING THE CANCELLATION OF ANY PAID SUBSCRIPTION, YOU WILL CONTINUE TO HAVE ACCESS TO PAID SERVICES UNTIL THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. AT ANY TIME, AND FOR ANY REASON, WE MAY PROVIDE A REFUND, DISCOUNT, OR OTHER CONSIDERATION TO ANY OR ALL OF OUR USERS (CREDITS). THE AMOUNT AND FORM OF SUCH CREDITS, AND THE DECISION TO PROVIDE THEM, ARE AT OUR SOLE AND ABSOLUTE DISCRETION. THE PROVISION OF CREDITS IN ONE INSTANCE DOES NOT ENTITLE YOU TO CREDITS IN THE FUTURE FOR SIMILAR INSTANCES, NOR DOES IT OBLIGATE US TO PROVIDE CREDITS IN THE FUTURE, UNDER ANY CIRCUMSTANCES.
6.5 You must keep your Payment Instrument information at your Account up to date. If your default Payment Instrument is declined for any reason and you have not updated or changed your Payment Instrument information in your Account, you will be responsible for any unpaid Fees or other payments and you authorize us to continue billing the Payment Instrument, as it may be updated.
6.6 If you are delayed with your payment obligations (including immediately after the first default): (i) we will be entitled to block your access to the Account and/or the Services (or any of them) and we shall be under no obligation to provide any or all of the Services while the payment(s) concerned remain unpaid; and (ii) interest shall accrue at the rate of 8% per year.
6.7 You may not offset Fee against any receivable you may have against us for any reasons.
6.8 Our order process is conducted by our online reseller https://paddle.com/legal-buyers/. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
7.1 Rules for using the Site and/or the Services (User Policy):
(i) accessing our Site and/or using the Services in order to build a product or service which competes with our Site and/or the Services;
(ii) attempting to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form of the Site;
(iii) using any robot, spider, other automatic devices, or manual processes to monitor or copy out Site;
(iv) unless allowed as a part of Paid Services, using the Site and/or the Services to provide services to third parties;
(v) unless allowed as a part of Paid Services, commercially exploiting User Content;
(vi) solicit login or any other information or data about other users or access an Account belonging to another user without their consent;
(vii) attempting to obtain, or assisting third parties in obtaining, access to the Site and/or the Services, other than as provided under these Terms of Use; or
(viii) using the Site and/or the Services to send unauthorized advertisement, spam, chain letters, pyramid schemes or any other promotional materials or messages, whether commercial or not.
(a) When using the Site and/or the Services you must obey all relevant laws and other legal provisions. In particular, you may not enter and/or disseminate unlawful User Content or User Content that infringes intellectual property and any other third party rights.
(b) You are not allowed to attack the operational capacity of the Site by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(c) You are not allowed to act in a manner, including creating User Content, that is defamatory, libelous, threatening or harassing, abusive, invasive of another's privacy, vulgar, pornographic, sexually explicit, obscene, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable towards us or other users in our sole and absolute discretion;
(d) You must refrain from:
(e) You must use all reasonable efforts to prevent any unauthorized access to, or use of, the Site and/or Services and, in the event of any such unauthorized access or use, promptly notify the Company.
8.1 Excluding Your Content, you hereby acknowledge and agree that the Company and/or its licensors are the sole proprietors of all the intellectual property rights (including copyrights, database rights, patents, trademarks, and trade secrets) pertained or related to the Site and/or the Services. The use of the Site and/or the Services will not imply any transfer to you or any third party of any rights, title or interest in or to such intellectual property rights. The Company reserves all rights not granted under these Terms of Use.
8.2 Subject to these Terms of Use and for as long as you have a valid Account with us, the Company hereby grants you a non-transferable, non-exclusive, license to use the Site and/or the Services. Under the license you may use the Site and/or the Services in accordance with the terms stipulated hereunder within any territory from which you have access to the Site and/or the Services. Without prejudice to pay the Fee (if applicable) the license hereunder is granted on royalty-free basis. You may sublicense and/or assign the license only if allowed in these Terms of Use.
8.3 You hereby grant the Company an irrevocable, nonexclusive, royalty-free, worldwide license to use Your Content (including Feedback) for all known purposes without any restrictions during the whole period of protection of the intellectual property rights, solely FOR THE PURPOSES OF OPERATING THE SITE AND/OR THE SERVICES (and including Your Content in the Site and/or the Services). The license hereunder includes inter alia the right to reproduce, distribute, publicly display and perform, prepare derivative works of, and incorporate into other works Your Content. The license is granted as a royalty free license and you will not be entitled to charge any fee or claim any other payment in respect of such license. The Company shall be allowed to sublicense or assign (as the case may be) the license to any of its affiliates, subcontractors and business partners or other legal successors. The Company is not required to use the license. You hereby represent and warrant that you have all the necessary rights required for granting the license under this paragraph.
8.4 In addition to the license granted by you to the Company under paragraph 8.3 of these Terms of Use, you will be asked to provide a secondary copyright license in the event that you choose to create Your Public Project (Secondary License). The Secondary License governs all terms and conditions under which the Site’ and/or the Services’ other users may use Your Public Project. The Secondary License will be granted by you under the Creative Commons Licenses (see http://www.creativecommons.org) namely the Creative Commons Attribution-NonCommercial-ShareAlike license (CC BY-NC-SA). You hereby agree that the Company may make Your Public Project available to the Site’s and/or the Service’s other users under the condition that such other users shall abide the terms of the Secondary License. THE COMPANY DOES NOT GUARANTEE THAT YOUR SECONDARY LICENSE WILL BE OBSERVED BY OTHER USERS OF THE SITE AND/OR THE SERVICES. HOWEVER, THE COMPANY SHALL ADVISE OTHER USERS OF THE SITE AND/OR THE SERVICES ABOUT THE SECONDARY LICENSE AND WILL REQUEST THAT THE TERMS OF THE SECONDARY LICENSE BEOBSERVED BY THEM. YOU ACKNOWLEDGE THAT IT IS NOT THE COMPANY´S RESPONSIBILITY TO ENFORCE THE SECONDARY LICENSE.
8.5 All our and third party assets and models available in the Asset Library may be used by You under the copyright licenses made available with the Asset and/or model.
8.6 The Digital Millenium Copyright Act and Copyright Complaints. We respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
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.
A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
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.
(i) We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@vectary.com. (Subject line: “DMCA Takedown Request”).
(ii) To be effective, the notification must be in writing and contain the following information:
9.1 Certain features of the Services may require use of certain add-ons, plug-ins, codes, programs or other software, that may be provided by the Company in its sole discretion and may be subject to additional fees, guidelines, terms, or rules (Add-ons). These Terms of Use shall apply to Add-ons accordingly.
10.1 You agree to defend, indemnify and hold the Company (and its officers, directors, employees, agents and service providers) harmless against and undertake to repay the Company any damages and costs resulting from any third party claim, action or demand and all liabilities and settlements related thereto, including, but without limitation, to legal and accounting fees, resulting from, or alleged to result from (a) your use of the Site and/or the Services, (b) Your Content, (c) your violation of these Terms of Use, or (d) your violation of applicable laws or regulations.
11.1 The Site might contain links to third party websites, services, and advertisements for third parties (Other Websites and Ads). Such Other Websites and Ads are not under the control of the Company and the Company is not responsible for any Other Websites or Ads. The Company provides these Other Websites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Other Websites or Ads. You use all Other Websites and Ads at your own risk. When you link to any other Website or Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Other Websites and Ads.
12.1 You acknowledge that the Site and/or the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site and/or the Services meet your requirements.1
2.2 THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Except for any consumer rights under your local laws that can not be contractually avoided, we hereby, to the extent permitted, exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12.3 You should be aware that the Site may contain bugs, viruses, harmful codes and we shall bear no liability for any of them. We will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
12.4 To the fullest extent permissible by applicable law, we hereby disclaim any and all responsibility, risk, liability and damages arising out of death or personal injury resulting from use of the Site and/or the Services. We shall bear no liability for any damage to your equipment (computer, phones, tablets, 3D printers or other devices) arising from your use of the Site or the Services.
12.5 You hereby acknowledge that legally we will not be engaged (and we will not have any obligation to become engaged) in any interaction among users of the Site and/or the Services (e.g. in situation when a user uses a User Content of any other user) and you agree to fully exclude us from any claims, liabilities and/or other responsibilities you many have in respect of such interaction.
12.6 You hereby waive any right, claim and or liability you may directly have against any of the Company’s directors, shareholders, employees, officers, affiliates and or agents (Protected Parties) in respect of the use of the Site and/or the Services (and any other subject matter of these Terms of Use) and you agree not to pursue against any of the Protected Parties present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature related to sue of the Site and/or the Services (and any other subject matter of these Terms of Use). You hereby waive the provisions of section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
3.1 WE BEAR NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES FROM OR RELATING TO THESE TERMS OF USE OF YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES, INCLUDING (I) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (II) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13.2 WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF USE. YOU HEREBY ACKNOWLEDGE THAT THE TOTAL AMOUNT OF DAMAGES AND LOSSES WE ANTICIPATE AS A CONSEQUENCE OF BREACH OF ANY OF OUR OBLIGATIONS SET OUT IN THESE TERMS OF USE IS HIGHER OF (I) FIFTY DOLLARS ($50) (LIABILITY LIMIT) OR (II) FEES YOU´VE PAID TO THE COMPANY IN THE PRIOR 10 MONTHS (IF ANY) AND WE SHALL BEAR NO RESPONSIBILITY FOR ANY DAMAGE EXCEEDING SUCH LIMIT AND FOR ANY OTHER UNFORESEEABLE LOSS OR DAMAGE. THEREFORE, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF USE (INCLUDING YOUR USE OF THE SITE AND/OR THE SERVICES) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE LIABILITY LIMIT.
14.1 Subject to this paragraph 14, these Terms of Use will remain in full force and effect while you use the Site and/or the Services.
14.2 In case of a free subscription, we may terminate or suspend your rights to use the Site and/or the Services (including your Account), or parts thereof, at any time for any reason at our sole discretion.
14.3 If you breach these Terms of Use or applicable law we may terminate your access to the Site and/or the Services immediately at any time.
14.4 In case of a Paid Subscription, (and without limiting the effect of Section 14.3 above) we may as of the end of your current paid period terminate or suspend your rights to use the Site and/or the Services (including your Account) or any parts thereof at our sole discretion. Upon termination for reasons according to this paragraph, we will allow you, for the period of 14 days of the date of termination, to access your inactive Account only for purposes of downloading Your Content. Upon lapse of this period, we have the right, but not the obligation, to permanently delete Your Content; and we and our affiliates also have the right but not the obligation to maintain Your Content. The Company will not have any liability whatsoever to you for any terminated use of the Site or Services, including for termination of your Account or deletion of Your Content.
14.5 You understand and agree that even after use of the Site or Services is terminated, the following provisions of these Terms of Use will remain in effect: Sections 2.5, 3.5, 4.1, 4.7, 4.8, 5.5, 5.7, 7, 9, 11, 12, 13, 15, 16.4, 16.5.
15.1 REGARDING THE USE OF THE SITES AND/OR THE SERVICES, PARAGRAPH 15 OF THESE TERMS OF USE SHALL APPLY ONLY IF YOU HAVE PURCHASED ANY OF THE PAID SERVICES AND YOU ARE A CONSUMER WITH YOUR NORMAL PLACE OF ABODE OR RESIDENCE IN THE EUROPEAN UNION.
15.2 You have a legal right to revoke use of the Paid Services in accordance with the following conditions:(a) You have the right to withdraw from the Paid Services within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the subscription.(b) To exercise the right of withdrawal, you must inform us through our e-mail listed above of your decision to withdraw from any of the Paid Services by an unequivocal statement (e.g. email in the following form: “Vectary Inc., e-mail: support@vectary.com. I/We hereby give notice that I/We (*) hereby withdraw from the following Paid Services: [insert].”(c) To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
15.3 If you withdraw from any Paid Service, we shall reimburse all Fees received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
15.4 Consumers do not have a right of withdrawal in case of the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent before the end of the 14-day withdrawal period and his acknowledgment that he thereby loses his right of withdrawal. Furthermore, in case of a service contract consumers do not have a right of withdrawal after the service has been fully performed if the performance has begun with the consumer’s prior express consent during the 14-day withdrawal period, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader.
15.5 Important: You hereby expressly acknowledge that you lose your right of withdrawal in respect of: (i) the purchase of the Paid Services once the performance has begun and (ii) the Paid Services provided by us if the performance has begun with your express consent and once the contract has been fully performed by us.
16.1 These Terms of Use shall be governed by the law of the state of Delaware in the United States. You hereby irrevocably agree that the courts of the state of Delaware have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or in connection with the Site and Services. Notwithstanding anything to the contrary, the Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
17.1 By using the Site and/or the Services, you consent to receiving certain electronic communications from us relating to your subscription. These communications may involve sending emails to your last email address that you provided to us, or posting communications within the Site and/or the Services; will include notices about your Account (e.g. change in password or Payment Instrument, confirmation emails and other transactional information); and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Unless you opt out, you also consent to receiving certain other communications from us, such as notifications from your Account, notifications of new features, promotional announcements and customer surveys via e-mail. If you want to unsubscribe (i.e., opt out) from certain non-transactional email communications, you will have the opportunity to do so.
17.2 Any future release, update, or other addition to functionality of the Sites and/or the Services shall be subject to the terms of these Terms of Use. All copyright and other proprietary notices on any Site and/or the Services content must be retained on all copies thereof.
17.3 We may occasionally change, revise or amend these Terms of Use. In case of any substantial changes we shall notify you by e-mail (to the last e-mail address provided to us by you, if any) and/or by prominently posting a notice of the change on our Site or your Account. The change, revised or amended wording of these Terms of Use shall become effective immediately following our dispatch of an e-mail notice to you (if applicable) or following the notice about such change at our Site. In case we are not able to deliver the e-mail notification as described in this paragraph to the e-mail address you have provided to us, for example because the e-mail address is not valid, our dispatch of the e-mail containing such notice shall nonetheless constitute an effective notice of the change of these Terms of Use. Your continued use of the Site and Services following such notice shall indicate your acknowledgement of such changes, revisions and/or amendments and also your agreement to be bound by the new Terms of Use. The changes will be immediately effective for new users of our Site and Services.
17.4 These Terms of Use constitutes the entire agreement between you and us regarding the use of the Site and/or the Services. Our failure or delay to exercise any right or provision of these Terms of Use or any law shall not constitute a waiver of any other right or provision, nor shall it prevent or restrict the further exercise of that or any other right or provision. No single or partial exercise of such right or provision shall prevent or restrict the further exercise of that or any other right or provision. If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired.
17.5 You may not assign any right, claim and/or receivable resulting from and/or related to use of the Site and/or the Services.