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Terms / Privacy

Terms / Privacy

NinjaPrototype Terms & Conditions

GENERAL

1.1. The Terms and Conditions govern the User’s use of this Website and the Services offered NinjaPrototype. By using the Website and/or the Services, the User acknowledges to have read, understood and agrees to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with the Terms and Conditions, you should not use the Services and /or access the Website.

1.2. NinjaPrototype reserves the right to make changes to the Website, the Services and the Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on the Website or through some other reasonable method. NinjaPrototype will take reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all the terms governing the Website and the Services.

Services

The Services offered by NinjaPrototype through its Website provides an online platform which allows users to upload 3D design files, get instant quote and place an order in order to turn the uploaded 3D design into a 3D Print. NinjaPrototype will ship the 3D Print to the User who placed the order.

USER

1.1. The Services offered by NinjaPrototype are available only to individuals who are 18 years or older who can form legally binding contracts under applicable law

1.2. The User or any visitor of the Website represents and warrants that all information he submits to the Website is accurate, truthful, lawful and does not infringe any rights of third parties. The User or any visitor of the Website warrants that it will not use the Service to:

· send any unsolicited mass mailings (“spam”); launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for sending more communication than a natural person could reasonably produce or to create Users accounts;

· collect or store personal information from other Users other than the information collected during the normal course of using the Service;

· threaten or harass any person or entity;

· gain or attempt to gain unauthorized access to any computer system, server, network or hardware of NinjaPrototype, other Users or any other third party;

· in any way that could overload, damage, disable, disrupt or harm the Service or interfere with any other User’s use of the Service;

· adapt, modify or reverse engineer any of the systems or protocols of NinjaPrototype;

· reformat, resell, or redistribute the Service in any way without the explicit consent of NinjaPrototype in writing.

1.3. If a User does not respect the Terms and Conditions or any reasonable instructions from NinjaPrototype, NinjaPrototype can, at its sole discretion and without any compensation, deny the User any further access to the Website and/or any of its Services. Any attempt by a User to damage the Website or to undermine the legitimate operations of the Services may be a violation of criminal and civil laws and should any such attempt be made, NinjaPrototype reserves the right to seek damages from any such User to the fullest extent permitted by law.

CONTENT

1.1 Users are solely responsible and liable for the Content they upload and will refrain from uploading restricted Content to the Website. If NinjaPrototype receives restricted Content from a User, NinjaPrototype will refuse the Order and not supply a 3D Print of such Content.

1.2 Content is restricted if it:

(a) violates or infringes a third party’s rights, including but not limited to privacy, publicity or any intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights);

(b) contains pornographic or obscene content;

(c) contains information about or relating to firearms or any other weapons;

(d) contains information which is false, inaccurate, misleading, harassing, racially or ethically offensive, harmful to minors, libellous or defamatory;

(e) contains trojan horses, viruses, worms or other harmful or destructive software code;

(f) is contrary to or in violation of any applicable law or regulations, including any applicable export control laws and regulations.

1.3  By submitting 3D Content through the Services or Website, the User grants NinjaPrototype a non-exclusive, royalty free worldwide non-transferable license (i) to review the 3D Content on the basis of technical specifications (including but not limited to checking for any technical errors); and (ii) to use the 3D Content for the manufacturing of the 3D Print in order for NinjaPrototype to fulfil the Order placed by the User. The 3D content will be permanently removed from the system of NinjaPrototype once the User has received the 3D product and the rework/return timeframe has passed.

1.4  In the case that the User has indicated his consent by indicating that the 3D Content is public 3D Content, the User grants NinjaPrototype a non-exclusive, royalty free worldwide non-transferable license to display the 3D Content on the Website and to reproduce, distribute, display or sell the 3D Content for any commercial purposes.

1.5  The User represents and warrants that it has all rights to grant the licenses of Clause 1.3 and 1.4 without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.

1.6  A User placing an Order with NinjaPrototype represents and warrants to NinjaPrototype that he has all rights to grant the licenses of Clause 1.3 ii without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.

1.7  NinjaPrototype does not claim any ownership rights of the Content and has no obligation to review the Content and can in no way be held responsible for the Content uploaded to its Website or Services. Notwithstanding the foregoing NinjaPrototype can remove and/or block any Content uploaded to its Website or Services for any reason and without notice.

ORDER

1.1 To order a 3D Print, the User has to follow the online ordering process on the Website. This ordering process consists of the following steps:

(a) Upload 3D Content. The User has to (i) upload his 3D Content in the file format indicated on the Website; (ii) select the preferred materials and color of the 3D Print; (iii) select the coating of the 3D Print; (iv) the NinjaPrototype Website will automatically generate an estimated price based on the options User has selected. Please note that the estimated price may not be the final price for the 3D content to be manufactured; (v) provide contact information and comment and submit the 3D files for review;

(b) Technical review 3D Content. The Order will be reviewed by NinjaPrototype within 24 hours of the request. During this process the 3D Content submitted to the Website will be reviewed on the basis of technical specifications (including but not limited to checking for any technical errors) and NinjaPrototype will check the availability of printers, materials and techniques to successfully manufacture the 3D Content. After the 3D content has been reviewed, User will receive an email quote to the e-mail address input by User when requesting the quote. The email quote from NinjaPrototype includes the technical review results and final price of the order if the order is accepted by NinjaPrototype;

(c) Acceptance of Order by User. Once the order is reviewed and accepted by NinjaPrototype, User can proceed to checkout process and make payment by Paypal to confirm the order.

(d) Payment. The User has to pay the total amount indicated on the quote confirmation within 48 hours after the Order has been accepted by NinjaPrototype by completing the payment process indicated on the Website. If User does not complete the payment process within 48 hours timeframe, NinjaPrototype will cancel the Order.Payment is currently only possible by Paypal.

(e) Manufacture. As soon as NinjaPrototype receives the full amount indicated in the quote confirmation, we will immediately start performing the 3D printing or manufacturing process. NinjaPrototype shall complete the 3D printing services within the delivery time indicated on the quote generated by NinjaPrototype.

(e) Pick-up & shipping. The User can choose whether the 3D Print will be picked up by the User at the location of the NinjaPrototype offices or the 3D Print will be shipped to the User.

UNACCEPTABLE & CANCELLED ORDERS

1.1. Cancellation by NinjaPrototype. During the entire ordering process, including after acceptance of the Order by NinjaPrototype, NinjaPrototype may, at our sole discretion, not accept or cancel an Order for technical or any other reasons, including but not limited to the technical unfeasibility to print the 3D Content, the 3D Content being in violation of the Terms and Conditions or any applicable law or regulations, or due to the non-payment of the total amount of the Order by the User.

1.2. Cancellation by User. Due to the personalized feature of the print services performed by NinjaPrototype, the User cannot cancel his Order after payment of the Order and NinjaPrototype has started the 3D manufacturing services.

1.3. Rework/Return NinjaPrototype provide limited warranties relating to the 3D Prints.  Please refer to the Rework/Return Service page for details of limited warranties. We advise User to inspect 3D Prints upon receipt immediately. We do not provide refunds for products that have been used, altered, or damaged after you’ve received the shipment.

FEES

1.1. The indicated total amount of the Order includes the Printing Fee, Service Fee and any applicable taxes concerning the Service Fee, but excludes any import/export duties or shipping costs.

1.2. The Printing Fee, Service Fee or any other prices displayed on the Website are only estimations and are valid only for the moment that they are displayed. NinjaPrototype reserve the right to change any indicated prices on the Website without prior notice. Such a change will have no effect on Orders which have been confirmed by the NinjaPrototype and paid by the User.

1.3. NinjaPrototype does its best to prevent errors in the pricing indicated on the quote emailed to the User. However, should an error occur, neither the User nor NinjaPrototype is bound by the Order and may cancel the Order. Any amounts paid related to that Order will be refunded to the User. All prices are indicated in U.S. Dollars.

INTELLECTUAL PROPERTY

All intellectual property rights, including but not limited to any copyright, trademark and database right, in the Services or Website and the selection and arrangement thereof belong to NinjaPrototype, its licensors or other third parties. All rights in the Services and Website not expressly granted herein are reserved.

PRIVACY

1.1  In order to use the Services, Users will be required to supply certain information about themselves when placing an Order request or setting up a NinjaPrototype account. NinjaPrototype has specified which information is required to use the Services. This information will be used by NinjaPrototype for the sole purpose of providing the Services.

1.2 In addition, the NinjaPrototype Privacy Policy shall apply to all the processing of personal information of Users. The NinjaPrototype Privacy Policy can be found below at the Privacy Policy section https://www.ninjaprototype.com/terms-policy#privacy.

LIABILITY & INDEMNIFICATION

1.1. In no event shall NinjaPrototype be liable for any damage whatsoever, whether in an action of contract or any tortious action, arising out of or in connection with the User´s access or use of the Services and Website or the printing services, except to the extent such damages arise directly from the wilful misconduct or gross negligence of NinjaPrototype and its senior management.

1.2. In the event the User´s country of residence does not allow any of the exclusions or limitations of liability or any of the disclaimers of warranties mentioned in the Terms of Conditions, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.

1.3. The User agrees to indemnify and hold NinjaPrototype harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

APPLICABLE LAW AND JURISDICTION

1.1. The Terms and Conditions and any disputes in connection thereto shall be governed by and construed in accordance with the laws of China. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, claim or cause of action arising out of, or in connection with the Terms and Conditions or the User´s use of the Website or Services shall be submitted to the jurisdiction of the competent courts in China, unless provided otherwise by operation of applicable mandatory law.

1.2. NinjaPrototype does not guarantee that the Services offered through its Website can be used in locations outside China. You are solely responsible that your use of the Services and Website complies with your local applicable laws.

SEVERABILITY

If any provision of the Terms and Conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

CONTACTING US

If you have any queries about the manner in which the Website is operated, the Services are provided, or how your personal information is used, please contact us at service@ninjaprototype.com

 

Privacy Policy

 

1. General

This privacy policy (“Privacy Policy”) applies to all personal information collected through and processed in connection with the Website (https://ninjaprototype.com) and Services offered by NinjaPrototype, located in China and U.S. (“NinjaPrototype”, “we” or “us”).  In this Privacy Policy we inform you of our practices with respect to the collection and processing of your personal information when visiting our Website or using our Services. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy starting with a capital letter shall have the same meaning as in our Terms and Conditions. NinjaPrototype reserves the right to change this Privacy Policy, and will post any revisions on its website.

2. What we collect

2.1. Information provided by you. When you register on the Website to create an NinjaPrototype account, we ask for your personal information, such as your name and email address, in order to create an account for you. If you want to use the Services offered by us, for example placing an Order or requesting a quote, you may also be required to provide additional personal information, such as your billing information, address and phone number.

2.2. Automatically generated information

NinjaPrototype also collects “Automatically Generated Information” about your behavior during your use of the Service. This information may include IP addresses, type of browser, browser settings, date and time, what features your use and for how long and other information regarding your use of the Service. We may also collect this information by using “cookies” in accordance with Clause 5 of our Privacy Policy.

3. How we use it

3.1. Any personal information provided by you on the Website will be used sole for providing the Services to you.

3.3. Our webservers collect information for the sole purpose of improving the Website and our Services.

3.4. NinjaPrototype may draw up statistical and demographic data rendered anonymous and use this for performance monitoring, improvement of the Service and public relations.

3.5. NinjaPrototype may disclose the collected personal information if it reasonably believes that it is required to do so by law, regulation, court order or any government authority.

4. Third-Parties

4.1. We employ other parties to perform functions on our behalf. Examples include, hosting services and payment processing services. These selected parties may process your personal data only to the extent this is necessary to perform such functions on our behalf and subject to our instructions. We have procedures in place to ensure that these third party companies value your privacy.

4.2. These parties may be located in the United States of America (“USA”). Any party employed by us that is located in the USA adheres to the Safe Harbor privacy principles as set forth by the U.S. Department of Commerce. This means that an adequate level of privacy protection is provided.

5. Cookies

5.1. We may store some information in the form of so-called “cookies” on your device, such as your computer, to offer a more user-friendly and efficient Website and Services. A „cookie“ is a small string of information that is saved temporarily on your computer when you visit the website. For example, When you upload the 3D Content to the Website, we use “cookies” to temporarily store the files so when you come back to the Website within one day, you do not need to re-upload the same 3D Content again.

5.2. You can disable any cookie and delete existing cookies in your Internet browser options at any time. You will find further details in the help section of your browser. However, not all functionalities of the Website may be accessible without cookies.

6. Security

We recognize our responsibility to protect the information you entrust to us. NinjaPrototype implements appropriate technical and organizational measures to secure your personal information against loss or against any form of unlawful processing. These measures guarantee an appropriate level of security, taking into account the state of the art and the costs of implementation, and having regard to the risks associated with the processing and the nature of the data to be protected. These measures shall also aim at preventing unnecessary collection and further processing of your personal information.

7. Changes to this privacy policy

We may change how we collect and then use personal information at any time and without prior notice, at our sole discretion.

We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you by posting the changed Privacy Policy on the Platform.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate your NinjaPrototype account.

8. Questions, correction, removal

If you have any questions or suggestions about our privacy practices, or if you wish to update or correct any personal information collected by us, please feel free to contact us by email via: privacy@ninjaprototype.com

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