Terms & Conditions
Terms and conditions of use for NEOPHIRs site, services and files, products and content.
The following general terms and conditions regulate the use of site, services, files, products or any other content provided by NEOPHIR, Dipl.-Ing. (FH) Jörg Kütemeyer (hereinafter referred to as "NEOPHIR"), NEOPHIR, Dipl.-Ing. (FH) Jörg Kütemeyer, Eichholzkoppel 9, 22889 Tangstedt, Germany.
The term "content" includes all data, images, photos, graphics, 3d designs, art, product designs, text, music, sounds, audio sequences, videos, logos, banners, brands, software programs and codes, and other mediums and formats provided or created by NEOPHIR. The term "content" also includes all services available for download.
Please read these terms and conditions carefully before using NEOPHIR site, service, files or products or other content. By accessing NEOPHIR site, using NEOPHIR service or by purchasing files or products from NEOPHIR, either directly, via an authorized online market place, or authorized retailer you agree to be bound by these terms. If you do not agree to the terms, please do not use the NEOPHIR site, NEOPHIR service, or purchase NEOPHIR files or products.
People under the age of 18 years are not allowed to use the NEOPHIR website or service or purchase files or products from NEOPHIR.
LICENSE
Provided that you comply with the terms and conditions, NEOPHIR grants you a non-exclusive and non-transferable license for your personal, non-commercial use of NEOPHIR site, services and purchased files or products.
ASSIGNMENT
This Agreement, and any rights and/or obligations and licenses granted hereunder, may not be transferred, subcontracted or assigned by the user, but may be assigned, transferred, or subcontract by NEOPHIR without restriction and without any notification.
RESTRICTIONS
All NEOPHIR service, files, products or other content are for personal use only and may NOT be used for commercial purpose (selling, sublicensing and/or distributing for profit).
All files or other materials are copyrighted works. Do not copy, alter, share, modify, reverse compile, reverse engineer or sell these files or the digital or physical 2D or 3D models produced from these files.
The user has only permission for the creation of physical 2D or 3D representations of NEOPHIR’s files or products or any three-dimensional art derived from the content for personal, non-commercial use by the user.
The user does not have permission to grant other companies or individuals the right to produce such physical representations of the content except for the sole purpose of providing the physical representations to the user for his personal use.
It is not allowed to publish NEOPHIR website, service, files or products or any part of its content or to use it for marketing or advertising purposes without written permission from NEOPHIR.
It is not allowed to use NEOPHIR website, service, files or products or other content in any way that is or may be damaging to NEOPHIR website, service, files or products or other content.
It is not allowed to use NEOPHIR website or service in any way that impacts the usability or user access to NEOPHIR website or service.
It is not allowed to use NEOPHIR website, service, files or products or other content contrary to applicable laws and regulations, or in any way that may cause harm to NEOPHIR website, service, files or products or other content, or to any person or business entity.
It is not allowed to engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the NEOPHIR website, service, files or products or other content.
Certain areas of this Website are restricted from being accessed by you and NEOPHIR may, at any time, further restrict your access to any areas of this site in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
DATA PROTECTION
Our Privacy Policy (https://www.neophir.com/privacy-policy/) describes how we handle the information you provide to us when you use the NEOPHIR website and service or by purchasing files or products from NEOPHIR.
The user acknowledges that by using the NEOPHIR website and service or by purchasing files or products from NEOPHIR, he provides information and he agrees to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, storage, processing and use by NEOPHIR and authorized online market places or authorized retailers.
The user receives information on request at any time about the data stored about his person.
OWNERSHIP, TRADEMARKS AND COPYRIGHT
The user acknowledges that NEOPHIR owns all intellectual property rights, including copyrights, patents, trademarks, and trade secrets of NEOPHIR website, service, files or products and content.
All other company names, products or alike may be the intellectual property of their respective holders.
All rights not expressly granted herein are reserved.
User must retain all applicable copyright or other proprietary notices on any site, service, file, product or any other content.
PRICES, PAYMENTS, SALES, RETURNS AND REFUNDS
For purchases made through retailers or resellers the terms and conditions related to prices, payments, sales, returns, refunds or similar of the respective reseller or retailer apply.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Nothing contained on NEOPHIR website, service, files, products or any other content shall be interpreted as advising you.
User assumes complete responsibility for all hardware or software used in conjunction with NEOPHIR website, service, files, products or any other content. Users are responsible for ensuring that
their used software and hardware is suitable for their intended use.
NEOPHIR does not guarantee that all systems, software, hardware or 3D-printer are capable of supporting NEOPHIR website, service, files, products or any other content and the user acknowledges that it has made appropriate investigations into the necessary systems, software, hardware or 3D-printer required to support the users use of NEOPHIR website, service, files, products or any other content.
NEOPHIR shall not be responsible or liable in any way for the non-performance or malfunction of any hardware or software or for any damage caused to Systems, 3D printers, data storage devices or computer used in conjunction with NEOPHIR website, service, files, products or any other content.
NEOPHIR shall not be responsible or liable in any way for the loss of data or corruption, business interruption or loss of profit that results from the use of NEOPHIR website, service, files, products or any other content, even if NEOPHIR has been advised of the possibility of such damages.
In addition, in no event shall NEOPHIR’s cumulative liability hereunder exceed the license fees or purchase prices paid by user to NEOPHIR for licensing or purchasing the content.
The website, service, files, products are provided on “AS IS” and “AS AVAILABLE” basis without warranty of any kind. NEOPHIR does not warrant that the website, service, files, products or any other content will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the website, service, files, and products.
You expressly agree and acknowledge that the use of NEOPHIR website, service, files, products or any other content is at your sole risk and that you may be exposed to content from various sources.
The user acknowledges that any information or advice from NEOPHIR is unofficial and does not create any warranty not included in these terms and conditions.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, NEOPHIR is not liable for any direct damages caused by your use or inability to use the Service. In no case will NEOPHIR or its dealers, distributors, officers, agents, employees, or suppliers be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use NEOPHIR website, service, files, products or any other content.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to user.
INDEMNITY
The user agrees to defend, indemnify and hold harmless NEOPHIR, its dealers, distributors, officers, agents, employees, or suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a) his use of and access to the NEOPHIR website, service, files, products or any other content,
b) his breach of any of the provisions of these terms and conditions, the Privacy Policy, and/or the License,
and/or
c) his violation of any third party right, including without limitation any copyright, property, or privacy right.
This Section and indemnification obligation will survive these terms and conditions and the use of the NEOPHIR website, service, files, products or any other content.
NO SUPPORT OR MAINTENANCE
The user agrees that NEOPHIR has no responsibility or obligation to provide any support or maintenance or guidance in relations to the use of NEOPHIR website, service, files, products or any other content and will only do so at their own discretion.
MODIFICATION
NEOPHIR retains the right to modify, suspend, or discontinue NEOPHIR website or service or to modify, suspend, discontinue or remove any specific file, product or any other content with or without notice or explanation.
FURTHER INFORMATION
Should the user have any questions concerning any of the provisions of this agreement, or if the user desires to contact NEOPHIR, please write to:
NEOPHIR, Dipl.-Ing. (FH)
Jörg Kütemeyer, Eichholzkoppel 9, 22889 Tangstedt, Germany
SEVERABILITY
If any provision of this agreement is held invalid, void, or for any reason unenforceable, the remaining provisions shall continue to be valid and enforceable.
LINKS
The links in this NEOPHIR site could let you leave the NEOPHIR site. These linked sites are not under the control of NEOPHIR and NEOPHIR is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NEOPHIR is not responsible for webcasting or any other form of transmission received from any linked site. NEOPHIR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NEOPHIR of any linked sites. You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
UPDATES TO THIS AGREEMENT
NEOPHIR is permitted to update, change, modify, amend or terminate this agreement from time to time.
Users will be informed of any changes to the general terms and conditions on the NEOPHIR website.
If any change to the terms and conditions is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the terms and conditions.
Your continued use of the NEOPHIR website, service, files, products or any other content after a change to the terms and conditions constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the NEOPHIR website, service, files, products or any other content.
Any additions or modifications to these general terms and conditions shall be in writing only.
GOVERNING LAW & JURISDICTION
The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
NO PARTICIPATION IN ALTERNATIVE DISPUTE RESOLUTION
NEOPHIR does not take part in a dispute resolution procedure in front of a consumer arbitration board.