Terms of service
- BigBrain3D Inc., (hereinafter the “Operator”), operates an e-shop “BigBrain3D.com” and other online services, such as SimplyColor3D (hereinafter the “Services”).
- These terms and conditions (hereinafter the “Terms”) shall apply to any and all online Services operated by the Operator. Further, supplementary conditions may apply to the individual Services and the purchase of goods; in such a case, they shall be available within the specific Service (hereinafter the “Supplementary Terms”). The Terms and the Supplementary Terms stipulate the mutual rights and obligations of the Users and the Operator with respect to the Services. In the event of a conflict between the wording of these Terms and the Supplementary Terms, the Supplementary Terms shall prevail.
- User shall mean any person who uses any of the Services in any way whatsoever (hereinafter the “User”). Some functionalities or parts of the Services may only be used by registered Users. Upon registering for any of the Operator’s Services the User shall obtain a single user account (hereinafter the “User Account”) which can then also be used to log into other Services. The User shall not allow other persons to use his/her User Account and is fully liable for all damage incurred in connection with the disclosure of the User’s login details to a third party.
- By using any of the Services in any way whatsoever, the User consents to these Terms, as well as the relevant Supplementary Terms, and is therefore obliged to comply with them. If the User does not agree with the conditions of the Terms or the relevant Supplementary Terms, the User is not allowed to use the Services. Upon registration for any of the Services for the purpose of obtaining a User Account, the User shall expressly confirm his or her consent to these Terms and the Supplementary Terms, if applicable. The contractual arrangement between the User and the Operator shall always consist of these Terms and any Supplementary Terms relevant to the Services used by the User. If the User begins to use further Services and the User account for logging into other Services, all the relevant Supplementary Terms shall also become part of the contractual arrangement between the User and the Operator.
- The Services may allow the User to upload and publish his or her own content through the Services (hereinafter the “User Content”).
- Unless these Terms or the Supplementary Terms expressly stipulate otherwise, the User grants to the Operator a non-exclusive, worldwide, gratuitous license for the unlimited use of all of the User Content published through the Services by any and all known means for the entire duration of the respective economic rights (hereinafter the “License”), as well as the right to sublicense. The Operator is not obliged to use the License. By uploading the User Content, the User consents to its publication by the Operator, as well as to any modification, alteration or use of the User Content by the Operator for commercial purposes and without attribution. By uploading any User Content which includes any documents of a personal nature, portraits, audio or video recordings related to the person of the User or his or her expressions of personal nature, the User grants the Operator the consent to use such content in relation to the Services.
- User Content uploaded and published by the User through the Services must not violate these Terms, the Supplementary Terms, the laws of Canada, be contrary to good morals, or infringe upon the legitimate interests of the Operator. In particular, the User Content must not infringe upon the rights of the Operator, other Users and third parties, including intellectual property rights, business secrets, personal rights, personal data and good reputation, it must not be pornographic, incite violence or constitute bullying, threats, intimidation or an expression of hatred or intolerance, contain false information or harass other users. By uploading the User Content, the User undertakes that he or she has all the necessary licenses, rights and consents related to the User Content being uploaded.
- The User shall be fully responsible for all the User Content he or she uploaded and published through the Services. The Operator shall not be in any way responsible for such User Content, including its correctness and completeness, except for the cases stipulated by legal regulations. The User agrees to compensate the Operator for any damage incurred by the Operator or third parties in connection with the User’s User Content.
- The User acknowledges that the User Content is not inspected by the Operator prior to its publication. The Operator may, however, inspect the User Content at any time. The Operator also reserves the right to remove any User Content from the Services or render it unavailable at any time without prior notice.
- The Services and their contents may be protected under intellectual property rights. On the basis of these Terms and the Supplementary Terms, if applicable, the User is entitled to use the Services and view their contents exclusively by the usual means, which shall mean the use through a web interface of the Services or through their mobile phone applications and for the purposes intended by the Operator. Except for this authorization, the User shall not gain any intellectual property rights to the Services or their contents, unless these Terms or the Supplementary Terms expressly stipulate otherwise. The Services or any parts or contents thereof, including the source codes, logs and other graphical elements may not be used without prior consent of the Operator or the holders of the rights in any manner or for any purpose other than the stipulated manner and purposes, in particular to modify such content, incorporate it into collective works or interfere with it in any way, reproduce it, distribute it, communicate it to the public, lend or rent it. Any commercial distribution of the contents of the Services is prohibited.
- The User shall not misuse the Services and use any methods, software tools or scripts in relation to the Services which could have an adverse impact on the operation of the Services, shall not interfere with their functioning or overload the Services, as well as perform any other activities which could constitute an undue interference with the Services with regard to their purpose and functioning.
- The Operator reserves the right to restrict the User’s access to the Services or to delete his or her User Account without prior notice and without any compensation in the event of breach of these Terms, Supplementary Terms, binding legal regulations of Canada or good morals, or even in the event of a justified suspicion of such breach.
- The Operator reserves the right that the Services may not be available always, especially as a result of a technical failure or scheduled maintenance. The Operator further reserves the right to modify the Services or to cease providing the Services at any time. The Operator shall not be liable for any damage incurred by the User as a result of unavailability, modifications or termination of the provision of the Services. To the extent permissible under the applicable legal regulations, the Services are provided without any warranty.
- To the extent permissible under the applicable legal regulations, the Operator shall not be liable for any damage incurred by the User in connection with using the Services and the contents thereof, including the User Content, in particular for any damage incurred as a result of facts or circumstances which objectively could not be controlled, and the User hereby waives any right to compensation of such damage. In the cases where the liability of the Operator for the damage caused cannot be excluded and the User’s claims may not be lawfully waived, but the Operator’s liability may be limited, it holds that the entire obligation of the Operator to compensate for damage shall be limited to the amount paid by the User for using the Service, or to the amount of 100USD. If possible, the Operator shall compensate the User for any damage for which the Operator is liable, by means of restoration of the previous state.
- The User is not entitled to assign or transfer his or her rights and obligations under these Terms to a third party. The User agrees that any and all rights and obligations of the Operator under these Terms may be assigned to a third party without requiring any further consent from the User.
- These Terms, as well as the Supplementary Terms, may be unilaterally changed or updated by the Operator at any time. The Operator shall notify the Users of a change to the Terms at least 14 days in advance of the effective date of such new Terms or Supplementary Terms by publishing the new wording within the Services or by an email sent to the User’s email address. The User may reject such changes to the Terms or Supplementary Terms by deleting his or her User Account, or by ceasing to use the Services. The valid and effective version of the Terms and the Supplementary Terms shall always be available within the Services and the User is obliged to get acquainted with them from time to time. By using the Services after the effective date of the changes, the User shall be deemed to have accepted the changes.
- Legal relationships between the User and the Operator arising out of these Terms shall be governed by these Terms and the Supplementary Terms, if applicable, and in the cases not regulated thereby, by the laws of Canada. In case of any discrepancy between the language versions of these Terms, the Canadian version shall prevail. Any disputes arising from the relationships hereunder shall be resolved by the competent courts of Canada, exclusively in accordance with the laws of Canada.
- Invalidity or ineffectiveness of a provision of these Terms or the Supplementary Terms shall in no way affect the validity and effectiveness of other provisions.
- This version of the Terms enters into force and effect on Jan 1st 2019.