ONO Terms and Conditions of Sale and Terms and Conditions of Use

 

This document is divided into three sections. You must carefully read until the bottom.

 

Section 1 refers to the Terms and Conditions of Sale ("Terms of Sale") which apply to the sale of ONO branded products ("Products") by ONO 3D, Inc. ("ONO") through the website available at https://www.ono3d.net and https://store.ono3d.net (“Site”).

Section 2 refers to the Terms and Conditions of Use ("Terms of Use") applicable to the services provided through the Site and to the Web App found at https://web.ono3d.net and the ONO App, which can be downloaded and installed on most smartphones running iOS 9 and up and Android 4.4. and up ("App").

Section 3 refers to common provisions applicable to both the first and second sections and which constitute part of and integrate respectively the Terms of Sale and the Terms of Use.

 

By using the Site and/or App, You (“Customer” and/or "User") represent and warrant that you have read, understood, and agreed to be bound by these Terms of Sale and Terms of Use, along with the ONO Privacy Policy found at https://store.ono3d.net/privacy-policy and all other policies of the Site (the Terms of Sale, the Terms of Use, the ONO Privacy Policy and the other Policies of the Site, are collectively defined "Terms").

Section 1. ONO Terms of Sale

These Terms of Sale shall apply to the sale of Products through the Site. The Terms of Sale herein shall control over the Terms of Use or the ONO Privacy Policy for all matters relating to the Products, unless expressly stated in the Terms of Use or in the ONO Privacy Policy that these Terms of Sale are to be overridden or modified. If the Customer is not a consumer, as defined in the relevant jurisdiction, or if the Customer has purchased a Product through the “Distributors” section of the Site, then the sale of the Products will be governed by the Terms as integrated or amended by the additional terms, if any, that will be attached to ONO's pre-approval of the order.

1. CUSTOMER ORDER

A Customer’s order constitutes an offer to purchase Products from ONO. Upon receipt of an order, Customer may receive an email acknowledging the order. No such order acknowledgment message constitutes ONO’s acceptance of the order or any portion of the order. An order is not considered accepted and the relevant contract of sale is not effective until the Customer receives a confirmation email containing the acceptance of the offer.

By placing an order, the Customer agrees to be bound by all of the Terms set forth herein. The Terms and the email which confirm the order constitute the entire agreement and understanding of ONO and Customer with respect to the transactions as explained herein. Such Terms shall control, irrespective of any inconsistent or additional terms and conditions, unless otherwise provided herein or specifically agreed to in writing as a waiver or modification signed by an officer of ONO.

If the Customer has purchased the Products through the “Distributors” section of the Site, the Customer will receive a pre-approval with the additional terms that will govern the purchase. Upon payment of the first installment, the order as integrated by the pre-approval shall be deemed as approved and shall become binding.

1. PRODUCT USE AND CHANGES

(i) ONO expressly reserves the right to discontinue the production or change the specifications of any Product, at any time, and without notice. No such change in specifications shall affect any order of such Product by Customer.

(i) The Products are intended to work with ONO resins only. Use of different resins will prevent correct resin level detection and will therefore impede use of the Product. Possible damages to the Product and other safety and health issues may also result from use of non-ONO resins.

III. PRICES AND PAYMENT

All prices are subject to change at any time and without notice, however, such changes will not impact the price of the Product for which the Customer has already submitted an order. In addition to the price of the Products, Customer shall also pay and be exclusively liable for standard service charges of ONO which may be applicable to sales of its Products to the Customer, as well as all costs of shipping, import duties, delivery, insurance, and the like after ONO has delivered Products to the carrier. All orders must be paid in full, including shipping and taxes, prior to delivery by ONO to the carrier. ONO reserves the right to suspend delivery and performance until full payment is received. Customer shall not set off against or deduct from any amounts due to ONO hereunder all or any part of any amounts owed or alleged to be owed by ONO to Customer for any damages or losses which Customer may have sustained or allege to have sustained as a result of any breach or alleged breach by ONO or any obligation of any kind to Customer (whether or not arising hereunder or in connection herewith).

1. TITLE AND RISK OF LOSS

Title to all Products and the consequent risk of loss are transferred to Customers upon delivery of Products to the carrier. If the Customer is a consumer, as defined in the relevant jurisdiction, the title and risk of loss shall pass to the consumer when he/she or a third party indicated by the latter, other than the carrier, has acquired physical possession of the goods. However, the risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods.

1. SHIPMENT AND DELIVERY

(i) Locations

ONO ships to the countries listed below. ONO does not ship to PO boxes.

ZA; EG; MA; RE; NA ; YT; US; CA; MX; BR; CL; AR; CO; PR; PE; UY; CR; EC; GT; GU; MQ; PA; HN; KY; CW; SV; DO; TH; IL; SA; IN; AE; BD; TR; QA; VN; KW; OM; LK; MM; PK; BH; LA; LB; JO; IR; AZ; GE; HK; KR; CN; TW; PH; MO; AU; JP; SG; NZ; MY; ID; VU; BN; PF; BM; NC; GB; DE; IT; FR; ES; NL; SE; BE; AT; DK; CZ; IE; PL; HU; FI; PT; RO; GR; SK; LT; LU; SI; BG; EE; MT; LV; CY; HR; NO; LI; IS; JE; MC; GG; AL; RS; BA; RU; BY; UA; CH.

 

(ii) Shipping Costs

The price of shipping is not included in the advertised price of ONO Products. Shipping costs are added based on Customer’s products, shipping choices, and location during checkout.

Upon checkout, duties, taxes, fees, and/or other costs associated with the shipment to Customer’s country may be estimated and charged upfront. When those charges cannot be calculated in advance, Customer is responsible for estimating and covering any duties, taxes, fees, and/or other costs associated with shipment to his/her country. ONO is not responsible for additional fees or costs nor is ONO responsible for communicating with Customer’s local authorities to facilitate transit.

 

(iii) International Compliance

By purchasing this Product for shipment outside of the United States, Customer acknowledges and assumes responsibility to conform to local laws and regulations while importing and using the Product. Customer acknowledges that ONO is not responsible for regulatory compliance within Customer’s country. ONO is not responsible for the cost of replacement of any Product held indefinitely by Customer’s local authorities.

 

(iv) Delivery

ONO will ship out items as soon as possible, within 30 days from the date in which the Customer receives a confirmation email containing the acceptance of his/her offer by ONO. Estimated transit times are indicated for each Product based on the selected shipment speed. ONO may or may not ship on national holidays. Given uncertainties in shipping, Product availability, and circumstances outside ONO’s control (weather etc.), ONO cannot guarantee exact shipping dates.

ONO shall attempt in good faith to deliver Products from the order within the time frame specified in the confirmation email containing the acceptance of the Customer's offer by ONO. Products from the order may arrive in separate shipments at different times. Delivery shall be effected using such modes of transport and such carriers as ONO shall deem appropriate. During any period of shortage of any Product, ONO shall have the right to allocate its supply of such Product among its customers, including Customer, pursuant to their respective orders and contracts in any manner ONO deems appropriate. ONO shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond ONO’s reasonable control and which prevents, impairs, or adversely affects in any way ONO’s performance under any order, including but not limited to war, fire, flood, natural disaster, strike, labor dispute, act of God, governmental action, civil disturbance, accident, or inability to obtain or use materials, labor, equipment, facilities, or transportation; in such cases, ONO shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

1. INSPECTION BY CUSTOMER - CLAIMS FOR DAMAGE IN TRANSIT.

Customer is to carefully examine all Products delivered to them and notify ONO of any alleged error, shortage, defect or non-conformity of any such Products within respectively, two (2) months from the detection of the error, shortage, defect or non-conformity if the Customer is a consumer and, within eight (8) days from the detection of the error, shortage, defect or non-conformity if the Customer is not a consumer. Failure to do so constitutes a waiver of any claim or right of Customer against ONO arising hereunder or by law with respect to any such error, shortage, defect or non-conformity reasonably discoverable by such examination.

VII. RETURNS

(i) Allowable Period.

Customers who are deemed as consumers pursuant to the relevant legislation, may return any Product within fourteen (14) calendar days from the date of its receipt (“Allowable Period”). This does not apply to non-consumers or customers who have purchased Products through the “Distributors” section of the Site. Return submissions made after 14 calendar days will not be accepted. To obtain a return authorization, the Customer shall fill out the “Returns” webform at https://www.ono3d.net/support.

(ii) Condition.

The Product, or the part of it which is subject to return, must be unused, undamaged, complete with all parts and accessories, in the same condition Customer received it, in its original packaging and generally fit for resale. Consumables (resin, printing films, spatulas, funnels, and build plates) will not be accepted if packaging is opened. Customer shall be liable for any diminished value of the Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics, and functioning of the Products.

(iii) Process.

Customer shall arrange to have the Product shipped back to ONO and will bear all shipping and handling associated costs and liability. If a Product consists of several parts, Customer must return all parts of the Product in order to obtain a refund.

(iv) Packaging.

Customer must keep the original packaging and use it to repack a Product for return.

(v) Upon Receipt

Once the Customer's return is received and inspected, ONO will send Customer an email to notify them that ONO has received the returned item. If the Products sent back comply with the conditions as indicated above, ONO will approve the return.  On the contrary, if the Products do not comply with the conditions set out above, ONO will not accept the return and Customer has the sole responsibility to arrange shipment of such Products from ONO back to Customer

(vi) Unauthorized Returns

Except for that provided in art. 7(i) above, any return made by Customer without a written return authorization from ONO will be considered an unauthorized return (“Unauthorized Return”). Unauthorized Returns will not be subject to a refund or credit by ONO. Customer has the sole responsibility to arrange shipment of the Unauthorized Return from ONO back to Customer. Customer assumes all shipping and handling charges, as well as any risk of loss, for any Unauthorized Return.

(vii) Refund

If the return is approved, ONO shall refund the price, including the cost of the original delivery to Customer to the original method of payment, within 14 days from the date on which the consumer gives notice of his/her withdrawal. In any case ONO may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest. ONO may charge a fee for missing or used accessories, by withholding part or all of the refund amount. The latter may take some time to show in Customer records, so ONO asks Customer to please check with their bank or account administrator before contacting ONO about missing refunds.

(viii) Order Changes and Cancellations                                                                                         

Customer should contact ONO as soon as possible if they need to change or cancel their order. Smaller orders will often ship the next day, so it may not be possible for ONO to change them. Items with longer lead times can often be edited if necessary; Customer is responsible for ensuring that the order is as accurate as possible when submitting it.

VIII. RESTRICTIONS ON USE

Customer agrees that he/she shall not directly or indirectly: (i) modify, enhance, adapt, translate, make improvements to, create derivative works based upon, disassemble, decompile, reverse engineer, reduce to any human or machine readable form, or circumvent any technological measure that controls access to or permits derivation of the source code of, the Software or any part thereof; (ii) reverse engineer the Products, any part thereof, or any composition made using the Products; (iii) rent, lease, sell, transfer, assign, or sublicense the rights granted hereunder, except in connection with the rental, lease, sale, or transfer of the entire Product; (iv) change, distort, or delete any patent, copyright or other proprietary notices which appear in writing on or in a Product; (v) operate or make use of the Products in any way which violate applicable laws and regulations; and/or (vi) take or permit any other action which could impair ONO’s rights, or damage the image or reputation of quality inherent in the Products, ONO’s business, reputation, intellectual property or other valuable assets or rights. In the event Customer rents, leases, sells or otherwise transfers the Products to a third party, Customer agrees that it will require such third party to be bound by Sections VIII (Restrictions on Use) of Section 1 - Terms of Sale, and Section I (Trademarks) of Section 3 – Common Provisions, as a condition of such rental, lease, sale, or other transfer.

1. SUPPORT

For any Customer problems with Products purchased from ONO (“Problem”), Customer shall contact the ONO Support team via the webform located at https://www.ono3d.net/support. If a Problem requires ONO Support to ship a replacement part or replace a Product (“Replacement”), Customer shall pay for the cost of the Replacement and associated shipping unless the Product is within a valid warranty. In such cases, if Customer receives a Replacement, the original part or Product becomes the property of ONO. ONO reserves the right to discontinue support to any Customer that uses inappropriate or abusive language and/or behaves in a manner that is hostile.

1. WARRANTY AND DISCLAIMERS

These limited warranty provisions apply to ONO 3D hardware Products sold to Customers, by ONO after April 1, 2016.

(i) Warranty Coverage

ONO's warranty obligations are limited to the terms and conditions set forth below.

ONO represents and warrants to the Customer that the Products shall materially conform to ONO’s published specifications in the user manual, marketing, or other informational materials of ONO or on ONO’s Site at https://www.ono3d.net available at the time the Product is purchased.

ONO warrants the Product against defects in materials and workmanship under normal use.

If a hardware defect arises on the Product and a valid claim is received within the Warranty Period as defined below, Product shall be returned to ONO as indicated in section "Obtaining Warranty Service – Claim Handling" and ONO will examine the Products returned. In case of a lack of conformity, ONO, will either (1) repair the defective Product or part of it at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product, or (3) refund the purchase price of the Product.

The above provisions will not affect the rights granted by the law to the consumers as defined in the relevant jurisdiction.

ONO shall act within a commercially reasonable time as determined at the sole discretion of ONO.

A replacement Product or part of it, including a user-installable part that has been installed in accordance with instructions provided by ONO, assumes the remaining warranty of the original Product or NINETY (90) days from the date of delivery or repair, whichever provides longer coverage for the Customer.

When a Product or part is exchanged, any replacement item becomes property of the Customer and the replaced item becomes property of ONO. If a defective Product or parts of it are not returned, ONO shall bill the Customer for the unreturned item. Parts provided by ONO in fulfilment of its warranty obligation must be used in Product for which warranty service is claimed. When a refund is given, the Product for which the refund is provided must be returned to ONO and becomes property of ONO.

(ii) Warranty Period

The warranty is valid and applies to the Product for the following period ("Warranty Period") of:

1. TWO (2) YEARS from the date the new Product is first delivered to the Customer after being purchased, if such Customer is a consumer, as defined in the relevant jurisdiction;
2. ONE (1) YEAR from the date a new Product is first delivered to the Customer after being purchased, if such Customer is not a consumer as defined in the relevant jurisdiction, or whether the Product is purchased through the “Distributors” section of the Site.

(iii) Exclusions and Limitations

This Limited Warranty applies only to hardware Products manufactured by or for ONO that can be identified by the "ONO" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-ONO hardware Products or any software, even if packaged or sold with ONO hardware. Manufacturers, suppliers, authorized sellers, or publishers other than ONO may provide their own warranties to the Customer, but ONO, in so far as permitted by law, provides its Product "as is".

Software distributed by ONO with or without the ONO brand name (including, but not limited to system software) is not covered under this Limited Warranty. The Customer should refer to the licensing agreement accompanying the software for details of its/his/her rights with respect to its use.

ONO does not warrant that the operation of the Product will be uninterrupted or error-free. ONO is not responsible for damage arising from failure to follow instructions relating to the Product's use. This warranty does not apply: (a) to damage caused by use with non-ONO products such as, by means of example, by use of non-ONO resins; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by ONO; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ONO; (e) to a Product or part that has been modified to significantly alter functionality or capability without the written permission of ONO; (f) to consumable parts (defined as disposable items, parts or components of the Product which are inherently subject to deterioration and wear out during the normal operation of the Product), such as ONO Resins, ONO printing films, spatulas, funnels, film adhesive, build plates, free driving screws, packaging, and lighting parts, unless damage has occurred due to a defect in materials or workmanship; or (g) if any ONO serial number has been removed or defaced.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, ONO SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF ONO CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY ONO IN ITS SOLE DISCRETION.

No ONO reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW AND IN PARTICULAR EXCEPT FOR CASES OF GROSS NEGLIGENCE AND FRAUD, ONO IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL (INCLUDING LOSS OF PROFIT OR EMPLOYEES' TIME), EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH ONO PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. ONO DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA. CONSUMER PROTECTION LAWS FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE OR DOMICILE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

In no event shall the liability and/or obligations of ONO under this Limited Warranty or arising out of the purchase, lease, license, and/or use of the Product by Customer or others shall exceed the purchase price of the same.

Some countries do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to each Customer. This warranty gives the Customer specific legal rights, and each Customer may also have other rights that vary by country, state, or province.

If the Customer is a consumer, nothing in this Limited Warranty shall deprive him/her of the protection granted by the mandatory provisions of his/her local law.

 (iv) Obtaining Warranty Service – Claim Handling

The Product is free from defects if it meets the specifications provided in the user manuals, marketing, or other informational materials of ONO or on ONO’s Site at https://www.ono3d.net. Customer should access and review the online help resources referred to in the documentation accompanying this hardware Product before requesting warranty service.

In the event that, within, respectively, TWO (2) months from the detection of the defect if the Customer is a consumer and, within EIGHT (8) days from the detection of the defect if the Customer is not a consumer, the Customer determines that the Product or any parts of it are not in conformity with such specifications, the Customer shall contact an ONO representative, which can be located using the information provided in the documentation. An ONO representative will help determine whether the Customer's Product requires service and, if it does, will inform the Customer on how ONO will provide it.

ONO will provide Limited Warranty service only on Products that are tendered or presented for service during the Warranty Period, as permitted by law.

In case a defective Product has to be returned to ONO for warranty services, the Customer shall obtain a prior official RMA (Return to Manufacturer Authorization) number from ONO. To obtain a RMA number, the Customer shall fill out the “Warranty” webform at https://www.ono3d.net/support. Any return made without an RMA number from ONO will be considered an unauthorized return ("Unauthorized Return").

Shipping and handling charges regarding Products that are not covered by this Limited Warranty (including those Products considered as non-defective at the sole discretion of ONO) as well as Unauthorized Returns will not be subject to a refund or credit by ONO.

Service options, parts availability, and response times will vary according to country.

The Customer who is not a consumer may be responsible for shipping and handling charges if the Product cannot be serviced locally. In accordance with applicable law, ONO may require the Customer to furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. The Customer should refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.

The Customer should make periodic backup copies of the data on other storage media to protect its/his/her data and as a precaution against possible operational failures. Before the Customer delivers its/his/her Product for warranty service it is the Customer’s responsibility to keep a separate backup copy of the system software, application software, and data. The Customer will be responsible for reinstalling all such software, data, and passwords. ONO and/or the its representatives are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-ONO Product or part of it not covered by this Limited Warranty. Recovery and reinstallation of system and application software and user data are not covered under this Limited Warranty.

(vi) Material Usage

The Customer acknowledges and agrees that the Products sold by ONO shall not be mixed, blended, or repackaged by Customer with any other materials for use or resale by the Customer, or used with any alterations by the Customer. Failure to comply with these provisions shall nullify the related warranties described above.

1. INDEMNIFICATION

Subject to the restrictions identified below, ONO shall assume responsibility for any suit or proceeding brought against Customer which is based on a third party claim that an unaltered Product or any part thereof, furnished pursuant to these Terms of Sale infringes upon the third party’s registered copyright, trademark or patent; provided, however, that ONO shall: (i) be given immediate notice in writing of the assertion of any such claim and of the threat or institution of any such suit or proceeding; (ii) have sole authority to investigate, defend and/or settle the claim, suit or proceeding; and (iii) be given any such assistance as required for the investigation, preparation, defense, and settlement of the claim, suit or proceeding, subject to reimbursement by ONO of Customer’s reasonable out-of-pocket expenses. This Section states Customer’s entire remedy, and ONO’s entire liability subject to the limitations on liability set out in Section 13 (Limitations of Liability), for any such infringement or claim thereof, and shall control over any other conflicting or inconsistent provision in these Terms of Sale. Without the prior written consent of ONO, Customer shall not incur any cost or expense in connection with such claim, suit or proceeding or make any admission, or enter into any agreement, in connection therewith. Except for gross negligence and fraud, ONO shall have no liability or obligation under this Section 11 for any infringement or claim thereof to the extent it is based upon: (a) production, sale or use of prototypes, outputs, or other results of the Products; (b) any method of using a Product other than methods inherent in, and necessary for, the operation of, the Product as supplied; (c) the use of any Product with any consumables, supplies, equipment, device, or software not manufactured or supplied and certified by ONO; (d) the use of any Product which has been modified by Customer or any third party without obtaining ONO’s prior written authorization; (e) the result of ONO’s compliance with any of Customer’s requested designs or specifications; and/or (f) Customer’s continued use of any Product after receipt of notice of infringement (collectively, “Exclusions”).

XII. DISCLAIMER

Except to the extent provided otherwise, the Products are provided on an "as is" and "as available" basis, and all express, implied, and statutory warranties and conditions (including without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quality of service, or that otherwise arise from a course of performance or usage of trade) are hereby disclaimed. ONO does not make any representation, warranty, guarantee, or condition regarding the effectiveness, usefulness, reliability, completeness, or quality of the Products, or that their use thereof will be uninterrupted, secure, error-free, or will otherwise generate revenue or meet the Customers' needs.

XIII. LIMITATIONS OF LIABILITY

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, INCLUDING WITHOUT LIMITATION ONO’S INDEMNIFICATION LIABILITY UNDER SECTION XI (INDEMNIFICATION), AND EXCEPT FOR GROSS NEGLIGENCE AND FRAUD, IN NO EVENT SHALL ONO OR ITS AFFILIATES, MANUFACTURERS, SUPPLIERS, OR LICENSORS (AS THIRD PARTY BENEFICIARIES) BE LIABLE FOR DIRECT DAMAGES OR OTHER LOSSES OR LIABILITIES DIRECTLY RELATING TO THE PRODUCTS OR OTHERWISE ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE USE OF PRODUCTS, IF AND TO THE EXTENT SUCH DIRECT DAMAGES OR LOSSES EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT(S) THAT DIRECTLY GAVE RISE TO THE DAMAGES OR OTHER LOSSES OR LIABILITIES CLAIMED, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EXPRESS OR IMPLIED WARRANTY, TORT, PRODUCT, OR OTHER STRICT LIABILITY, TRADE PRACTICES, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Except for gross negligence and fraud, notwithstanding anything herein to the contrary, in no event shall ONO or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation or production of the Products be liable to Customer or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Products, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages.

The foregoing limitations of liability do not apply to the extent prohibited by law.

1. EXPORT COMPLIANCE

Customer shall comply with all applicable laws, rules, and regulations with respect to use of the Product, abide by all applicable foreign trade/export restrictions or similar rules and not transfer, export, or re-export the Product to any country where export or re-export is prohibited under any applicable export control regulation issued by the United States of America, the European Union, or that of any other applicable country.

Section 2. ONO Terms of Use

The Site and the App are each and both copyrighted works belonging to ONO and its affiliates. These Terms of Use are a legally binding agreement between the Customer and ONO. ONO provides services through respectively the Site and the App, including a service for Users to store digital designs in private cloud storage as well as share and use digital designs for 3D printing by other registered Site Users or App Users, as the case may be ("Services"). By using any of our Services, you agree to be bound by these Terms of Use and by the Terms in general. Certain features of the Services, Site or App may be subject to additional guidelines, terms, or rules, which will be posted on the Service(s) or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated (including, but not limited to the ONO Privacy Policy) by reference into this document and make a part of these Terms of Use.

The Terms of Use, ONO Privacy Policy, Acceptable Use Policy, and any other Policy found on the Terms of Use page constitute the sole and entire agreement between the User and ONO with respect to the Site or to the App, as the case may be, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

ONO reserves the right to change its Terms of Use at any time. ONO will notify the User of significant changes to its Terms of Use by sending a notice to the primary email address specified in the User's account or by placing a prominent notice. All changes will go into effect immediately. The User should check the Site or the App, as the case may be, and these Terms of Use for updates.

1. 
   ACCOUNTS

In order to use some Services, (such as uploading, saving a design, pairing a printer, or printing a model), the User must register for an account with ONO (“ONO Account”) and provide information about the User itself during the registration process. The information the User provides during registration must be true and accurate. The User must keep this information up to date.

 

1. USER GENERATED CONTENT, USER ACCEPTABLE USE POLICY, AND RESPONSIBILITIES

The User is responsible for ensuring that all listings and User Generated Content, as defined below, comply with all applicable federal, state, local and international laws and regulations.

The term “User Generated Content” when used in these Terms of Use shall mean any content uploaded by the User, through the User's ONO Account, including but not limited to all uploaded 3D Models or comments and posts. No User Generated Content should be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal, or unlawful information, or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights refers to copyrights, patents, registered designs, design rights, trademarks, trade secrets, or any other proprietary or industrial right.

ONO is not obligated to review and is not responsible for the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of ONO. In order to keep ONO and the Site Appropriate for a general audience and to cooperate with Intellectual property rights ONO depends on the above policy.

By submitting User Generated Content the User hereby grants ONO a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Site or the App, as the case may be, the applications, the Services and ONO's (and ONO's successors and assigns) businesses, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels (including, without limitation, third party websites and feeds). The User also hereby grants each other User of the Site or the App, a non-exclusive license to access his/her User Generated Content through the Site or the App and share the first User's User Generated Content on blogs and social media, provided such sharing prominently links back to the model page on the Site. For clarity, the foregoing license does not affect the User's other ownership or licensing rights in its User Generated Content, including the right to grant additional licenses to the User Generated Content, unless otherwise agreed in writing. The User represents and warrants to have all rights to grant such license to ONO without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual or proprietary rights.

III. INTELLECTUAL PROPERTY RIGHTS

The User retains all intellectual property rights on its uploaded 3D Models, including without limitation any and all derivative works (for example, 3D renderings). Except for the rights and licenses with respect to the User's 3D Models specified below, ONO shall not use, modify, or display the User's 3D Models or derivatives thereof.

By uploading the User's 3D model to the Site or to the App, as the case may be, the User represents and warrants that it has all rights to grant the below license to ONO without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

By opting to make the User's 3D Model public by selecting “Public Model” on the upload or model detail screen, the User grants ONO a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license to display the User's 3D Model and any renderings or pictures on the Site or on the App, as the case may be. The User grants use of the model and permits the downloading of the model by other Users. ONO is in no way responsible for the use of models downloaded by Users. ONO is not liable for any loss or damage caused by downloading models to any device or property, including, but not limited to, malware and viruses.

The User may remove 3D models it has posted publicly by contacting ONO Support at https://www.ono3d.net/support.

1. SITE CONTENT, APP CONTENT AND USE

Except for gross negligence and fraud, ONO is not responsible for links to other sites not under the control of ONO posted on the Site. Use of any link does not imply endorsement by ONO of the content of such websites. ONO is not responsible in any way for the content of such other websites. ONO is not responsible for any loss or damage that may arise from the User's use of such links. Access to third party websites is entirely at the User's own risk and subject to the terms and conditions of use for such websites.

The Site is web based service. Therefore, it may be subject to temporary downtime, including during updates to the Site. ONO will attempt to ensure that the Site functions reliably, but it does not guarantee that the Site will operate uninterrupted without any faults. Whenever possible and reasonable, ONO will inform the User of any disruption or suspension.  ONO does not guarantee that any content will be made available on the Site Services.

ONO reserves the right to, but does not have any obligation to, (i) remove, edit, or modify any content (including without limitation any 3D Models) at ONO's sole discretion, at any time,  to the User and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any content (including without limitation any 3D Models) from the Services.

Except for fraud and gross negligence and in any case in compliance with the applicable consumer protection law, ONO is not responsible for any losses suffered by the User as a result of any interruption of the Site or the App, as the case may be, or by the suspension of the User's access to the Site or to the App, as the case may be. ONO does not guarantee the accuracy, completeness, or usefulness of any information, content, or listing on the Site or on the App. ONO is not responsible for any loss or damage resulting from the reliance on materials on the Site or on the App. Any reliance on material is solely at the User’s own risk.

The Site or the App include content provided by third parties, and other third-party licensors. ONO is not responsible, or liable to the User, or any third party, for the content or accuracy of any materials provided by any third parties.

1. TERMINATION

ONO reserves the right to terminate the User's access to any part of the Site or of the App, at any time without cause by providing 7 days prior notice to Users. ONO can terminate the Site or the App, as the case may be, immediately as part of a general shut down of ONO Services.

ONO reserves the right to immediately refuse the provision of the Services or terminate the Services or the User's access to any part of the Site or the App if ONO suspects unlawful or fraudulent use of the Services or in case User breaches this Terms of Use.

The User may delete their ONO Account at any time, for any reason, by contacting ONO Support via the webform at https://www.ono3d.net/supportThe User's ONO Account login information should be considered confidential. The User is responsible for maintaining the confidentiality of its login information. The User is solely responsible for any activity that occurs on its ONO Account. The User is required to notify ONO immediately in the event of a breach in security or unauthorized account access. ONO is not liable for any loss or damage caused by the User's failure to maintain the security of its ONO Account.

All provisions of these Terms of Use, which by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

VII. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to the User. The User acknowledges that ONO has no duty or obligation to take any action regarding (i) which Users gain access to the Services; (ii) what content the User accesses via the Services; or (iii) how the User may interpret or use the content. The User releases ONO from all liability for the User having acquired or not acquired content through the Services. ONO makes no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services.

The User understands that ONO cannot and does not guarantee or warrant that files shared through the Site or the App, as the case may be, will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy ONO's particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to ONO's Site or App, for any reconstruction of any lost data.

ONO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER'S USE OF THE SITE, OR THE APP, OR OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE APP, TO THE USER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE USER'S USE OF THE SITE OR OF THE APP, AND OF THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THROUGH THE APP, IS AT THE USER'S OWN RISK. THE SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THROUGH THE APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONO NOR ANY PERSON ASSOCIATED WITH ONO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER ONO NOR ANYONE ASSOCIATED WITH ONO REPRESENTS OR WARRANTS THAT THE SITE OR THE APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM , WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ONO'S SITE OR ONO'S APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE APP, WILL OTHERWISE MEET THE USER'S NEEDS OR EXPECTATIONS.

ONO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL ONO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE, OR INABILITY TO USE, THE SITE OR THE APP, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITE OR ON THE APP, OR SUCH OTHER WEBSITES  OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THROUGH THE APP, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,  EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS AND DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

CONSUMER PROTECTION LAWS FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF USE OF THE SITE, APP, OR OF THE SERVICES, OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE OR DOMICILE, THE BENEFITS CONFERRED BY THESE TERMS OF USE ARE IN ADDITION TO ALL MANDATORY RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

Section 3. Common provisions

1. TRADEMARKS

ONO 3D, Inc. and all related names, logos, product and service names, designs, and slogans are trademarks of ONO 3D, Inc. or its affiliates or licensors.

Certain trademarks, trade names, service marks, and logos used on or in association with the Products, Site or App, as the case may be, are registered and unregistered trademarks, trade names, and service marks of ONO and its affiliates. Neither Customer nor anyone else is granted by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos without the written permission of ONO.

All other names, logos, Product and service names, designs and slogans on the Products, on the Site or on the App, as the case may be, are the trademarks of their respective owners.

1. WAIVER

Failure by ONO to enforce any of these Terms does not constitute a waiver by ONO of its right to later enforce that or any other parts of these Terms. Any waiver of these Terms must be provided in writing and executed by an authorized officer of ONO, and no such waiver shall constitute a waiver of the subsequent performance or breach of the same or any other provision.

III. SEVERABILITY

The invalidity or unenforceability, in whole or in part, of any provision hereof shall not affect in any way the validity and enforceability of the remainder of such or any other provision. Any waiver of these Terms must be provided in writing by an authorized representative of ONO 3D, Inc. Any part of these Terms found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

1. MODIFICATION AND CANCELLATION

Except as expressly provided herein, these Terms may not be modified, terminated, or repudiated, in whole or in part, except by a writing executed by an authorized officer of ONO. ONO may, at its option, treat any attempted modification, termination or repudiation to which it does not assent in writing as a breach of the entire agreement hereunder and recover from Customer and/or User, as the case may be, all of ONO’s damages, including without limitation indirect, consequential and incidental damages (“Damages”) resulting therefrom or arising in connection therewith. In the event that Customer and/or User, as the case may be, (a) breaches any of these Terms, (b) becomes unable to conduct its normal business operations (including to meet its obligations as they mature) or the subject of any proceeding under any state or federal bankruptcy law or other law for the benefit of creditors or relief of debtors or (c) makes any assignment for the benefit of creditors, then ONO may immediately (i) cancel or terminate any and all agreements with or obligations to Customer and/or User, as the case may be, relating to sales of Products or use of Site, App or Services, as the case may be, in whole or in such part as ONO may deem expedient and (ii) recover from Customer all of ONO’s Damages resulting therefrom or in connection therewith.

1. GOVERNING LAW AND JURISDICTION

These Terms and the transactions contemplated hereby, as well as any use of the Site or the App, as the case may be, or of Services provided therein, shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, U.S.A., without regard to the choice-of-law principles thereof. However, if the Customer is a consumer, nothing in these Terms shall deprive him/her of the protection granted by the mandatory provisions of his/her local law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any action seeking legal or equitable relief arising out of or relating to these Terms or the Manual will be brought only in the courts of the State of California or the United States District Court for the Northern District of California. The court of the place or residence or domicile of the consumer shall have jurisdiction for any claim concerning consumers.