General Terms and Conditions
Last Updated: April 4th, 2017
2. Age Requirement
3. Site Use
4. Summary of Key Terms
- You may only use the content on the Site in connection with your permitted activities on the Site —you may not use the Site for political, unlawful or inappropriate purposes.
- By using the Site, you will not obtain any ownership or intellectual property or other interest in it or any virtual or other items that may appear on the Site or that may be used in connection with it.
- Many types of disputes that may arise in connection with your access to and use of the Site may only be resolved by arbitration — which includes your waiver of a right to a jury trial.
- Xometry is providing the Site to you on an “as is” basis, without any warranty of any kind, and Xometry’s liability to you in connection with your use of the Site is very limited.
5. Site Content Ownership
6. Limited Right to Use Site Materials
7. Rights of Others
Xometry respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting of it on the Site, then please see Section 14 below.
8. Limitations on Linking and Framing
You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website, product or service by Xometry. However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or intellectual property.
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any e-mail services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.
B. User Feedback and Submissions
Xometry welcomes your feedback, but if you send us or post or embed on the Site or via any Service any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Xometry that you either own the Submission or have the right to grant Xometry the license described below. Xometry does not claim to own such Submission, only the rights you have licensed to us.
C. Community Rules. This Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:
- Restrict or inhibit any other user from using and enjoying the Site;
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site;
- Contact anyone who has asked not to be contacted;
- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Site or otherwise engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. §7701, et seq., or any state law prohibiting or regulating unsolicited commercial e-mails;
- Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
- Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Site and/or services; or
We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
D. Availability of Site and Content. Xometry may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in Xometry’s sole discretion, and without advance notice or liability.
F. Our Right to Use User Generated Content. When you submit or post any User Generated Content, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Generated Content), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such User Generated Content, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your User Generated Content by name, e-mail address or screen name, as we deem appropriate. Xometry has no obligation of any kind with respect to such User Generated Content and is free to reproduce, use, disclose and distribute any portion of the User Generated Content, including any ideas or information contained in the User Generated Content for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you including the User Generated Content, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you including, without limitation, any User Generated Content.
9. Linking and Third Party Content
The Site may contain links to third–party websites not under our control or operation. Xometry or users may provide any such links only as a convenience; Xometry does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
10. Additional Terms and Conditions
Additional terms and/or conditions (e.g. the Services Agreement) may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.
11. Laws and Regulations
You acknowledge and agree that Xometry, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.
14. Procedure for Alleging Copyright Infringement
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Generated Content infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Xometry’s Intellectual Property department with the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Xometry to locate the material;
4) Information reasonably sufficient to permit Xometry to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter-notice containing the following information to Xometry’s Intellectual Property department at the address set forth below:
1) Your physical or electronic signature;
2) Identification of the User Generated Content that has been removed or to which access has been disabled and the location at which the User Generated Content appeared before it was removed or disabled;
3) A statement that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or a misidentification of the User Generated Content; and
4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal court in Pittsburgh, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
5) If a counter-notice is received by the Intellectual Property department, Xometry may send a copy of the counter-notice to the original complaining party informing that person that Xometry may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Generated Content provider, member or user, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Xometry’s sole discretion.
6) You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid.
7) Xometry will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:
By Mail: Xometry
7951 Cessna Avenue
Gaithersburg, MD 20879 USA
Attention: Chief Financial Officer
By E-Mail: info@Xometry.com
It is often difficult to determine if your copyright has been infringed. Xometry may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Xometry may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Xometry’s other rights, Xometry may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Xometry.
You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
15. No Unsolicited Ideas and Materials Accepted; No Confidential Relationship With Xometry
Xometry employs individuals to develop new ideas. As a result, Xometry does not accept any unsolicited ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas and Materials”). Do not send to Xometry (even within any of your User Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Site are and shall be deemed to be User Generated Content and licensed to us as set forth above.
Your relationship with Xometry is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User Generated Content — regardless of whether you mark them “confidential”, “proprietary”, or the like. Xometry will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Xometry does not place Xometry in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.
Xometry’s receipt of your Unsolicited Ideas and Materials is not an admission by Xometry of their novelty, priority, or originality, and it does not impair Xometry right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
16. Disclaimer of Warranties
XOMETRY PROVIDES THE SITE AND ALL INFORMATION, CONTENT, USER GENERATED CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. XOMETRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, XOMETRY DOES NOT WARRANT THAT THE XOMETRY SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE XOMETRY SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
17. Limitation of Liability
XOMETRY SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, SERVICES AND EXPERIENCES PROVIDED VIA THE SITE. XOMETRY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY SERVICES, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF XOMETRY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY XOMETRY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, XOMETRY’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
19. Force Majeure
If Xometry, for any reason beyond its reasonable control, such as an act or threat of terrorism, war, emergency, act of God, work stoppage, or other similar event, is not able to provide perform its obligations under this Agreement, it is agreed that such non-performance shall be excused during such time period and shall not be a default of this Agreement.
20. Governing Law