TERMS OF USE*

J.A.M.E.S GmbH, Willy-Messerschmitt-Straße 3, 82024 Taufkirchen, Germany (hereinafter referred to as “J.A.M.E.S” or “we”) offers you the first comprehensive online community of 3D printed electronics, with a cloud-based platform exclusively dedicated to Additively Manufactured Electronics (AME) (hereinafter referred to as the “Platform”). The Platform is accessible under www.j-ames.com (hereinafter referred to as the “Website”).

In order to use the Platform as a subscribed user, you must agree to these terms of use (“ToU”).

 

1. Scope of Application

These ToU apply to the Platform as defined above. On this Platform, subscribed users can share stories and create sub-stories as well as exchange technological know-how for 3D printed electronics with other users (the “Community”).

2.  Conclusion of Contract, Account

2.1  By completing the online registration process and creating an account, you enter into a user agreement with us based on these ToU (hereinafter referred to as the “Agreement”). The subject of this Agreement is the use of the Platform.

2.2   You can create an account for the use of the Platform by clicking on the “sign-up” button on our Website. It is required that you provide us with your first and last name, your company name, your country of origin as well as your email address. You have to assign a password for your log-in. Your email address and your password together form the “Log-in Data”.

2.3  You declare that the data used to create your account is accurate and complete. The use of pseudonyms is not permitted.

2.4   You declare that you are of legal age. In the event that the you act on behalf of a legal entity you declare that you are authorised to do so. Upon our request, you shall provide us with corresponding proof.

3.  Use of the Platform

3.1    When using the Platform, you may do the following:

(a)   Create stories by clicking on the “Create a Story” Button on our Website. We describe a “Story” as the visionary application that cannot be realized with current conventional manufacturing technologies. You create a Story by filling out the mandatory fields (title, subtitle, overview, further description on the benefits of AME to your Story and the future field of development). You can also add hashtags and upload images to your Story. You can either save the draft of your Story and work on it later on or you can directly submit your Story to be published on the Platform. Before a Story is published on our Website though, we will review it and we reserve the right not to publish a submitted Story at our reasonable discretion, in particular if it does not meet the requirements set forth in these ToU or other documents published on the Platform. If we consider a Story fitting to be published, we will get on contact with you.

(b)  Upload Designs by clicking on the “Upload a Design” Button on our Website. “Designs” are what we describe as AME structure (virtual) that fulfils a specified functionality. An AME Design can have one of the following 4 statuses. In order to advance through the statuses, all the files and information for the previous statuses need to be provided. You can also add some other information and upload images to your Design as well as some additional documentation that you would like to share with the Community. You can either save the draft of your Design and work on it later or you can directly submit your Design to be published on the Platform. However, any submitted Design is subject to our review and we reserve the right not to publish a submitted Design at our reasonable discretion, in particular if it does not meet the requirements set forth in these ToU or other documents published on the Platform.

Stories and Designs are hereinafter referred to as “Content”.

Any Content uploaded by you is subject to our review and the decision on whether it will be published on the Platform will be made at our reasonable discretion.

(c)  Use the comments sections beneath Stories or Designs.

(d)  Like and bookmark or share Stories or Designs; like specific authors of Stories or Designs.

3.2  You can delete your account by clicking the “Unsubscribe your account” button in your account settings.

4.  General Obligations of the User

4.1   You are solely responsible for the Content you upload on the Platform.

4.2   You undertake to abide by all applicable laws (e.g. criminal law, competition law and youth protection law) when creating and using Content on the Platform and you represent and warrant that any Content uploaded by you does not to infringe upon any third party rights, in particular any copyright, trademark or other intellectual property rights.

In particular, it is not permitted to post Content on the Platform which constitutes, concerns or includes

-          any type of racism;

-          glorification of violence and extremism of any kind;

-          calls and incitements to criminal offences and breaches of the law, threats against life, limb or property;

-          incitement against persons or companies;

-          statements violating personal rights, slander, defamation and defamation of users and third parties as well as violations of the law on fair trading;

-          copyright infringing content or other infringements of intellectual property rights;

-          sexual harassment of other users of the Platform and third parties;

-          pornography; or

-          offensive, sexist, obscene, vulgar, hateful or objectionable material or language.

4.3   Should there be any disruptions in the use of the Platform or its functionalities, you shall inform us of this without undue delay. The same applies if you obtain information about Content published by the Community that obviously violates applicable law or the rights of third parties.

4.4   You must not disclose your Log-in Data to any third party and/or allow any third party to access your account by circumventing the Log-in Data.

4.5  You must refrain from any activity that is likely to impair and/or excessively interfere with the operation of the Platform or the technical infrastructure behind it. This includes in particular

-          the use of software, scripts or databases in connection with the use of the Platform;

-          the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the Platform.

5.  Grant of Rights

5.1  By uploading Content on our Platform, you grant us the non-exclusive, royalty-free, irrevocable and freely sub-licensable right to use the uploaded Content without any restriction as to location and time solely as required for the provision of our services on the Platform and to make it publicly available to the Community. This includes in particular the right to edit, reproduce, distribute and publicly communicate the Content, in particular the right of making it available to the public. You waive the right to be named as author.

5.2   For the avoidance of doubt, the grant of rights pursuant to clause 5.1 above does not in any way affect your right to use the Content yourself or to grant third parties any rights with regards to your Content.

5.3    For the avoidance of doubt, the deletion of your account pursuant to clause 3.2 of these ToU does not affect the grant of rights pursuant to clause 5.1 above.

5.4    Subject to these ToU, you are hereby granted a non-exclusive, limited, non-transferrable and non-sublicensable, freely revocable licence to use the Platform for your personal use and commercial purpose as provided for herein. We reserve all rights not expressly granted herein in the Platform.

5.5    You acknowledge that, as between you and J.A.M.E.S., J.A.M.E.S. is the exclusive owner of all right, title and interest in and to the Platform. Any derivative works, modifications or improvements made to the Platform shall solely vest with us. You shall have no right with respect to the Platform except as expressly provided in these ToU or otherwise agreed upon by us in writing.

5.6   You shall not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Platform.

6. Changes to Services

6.1  If we have reasonable grounds to believe that Content violates applicable law or infringes upon any third party rights, we reserve the right to block access to individual contents of the Platform at our discretion. You have no claim to the provision of individual functionalities of the Platform.

6.2  We are entitled, at our discretion, to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events beyond our control. We assume no warranty and liability of any kind what with regard to the uninterrupted availability of the Website and any claims to that regard are excluded to the widest extent permitted by law.

7.  Term

7.1   The Agreement is entered into for an indefinite term and may be terminated by either party without cause at any time. If you unsubscribe from your account, this shall be deemed as a termination of the contractual relationship based on these ToU.  

7.2   The right to terminate the Agreement for good cause remains unaffected, in particular in case of breach of the obligations set forth in Section 4 above.

8. Liability

8.1  We shall be liable without limitation in accordance with the statutory provisions for wilful intent and gross negligence as well as for claims under the Product Liability Act (Produkthaftungsgesetz).

8.2  In case of simple negligence (einfache Fahrlässigkeit) we shall only be liable for (i) damages resulting from injury to life, body or health, or (ii) damages resulting from a breach of fundamental contractual obligations (Kardinalpflichten) – i.e. contractual obligations which enable the fulfilment of the orderly performance of the Agreement in the first place, and in the compliance of which the contracting party can and will regularly rely on – in which case our liability shall be limited to the damage that is typical of and reasonably foreseeable with contracts of the given kind.

8.3  To the extent our liability for damages is excluded or limited, such exclusion or limitation shall also apply to the personal liability of our representatives, employees and vicarious agents.

9. Third Party Rights and Indemnity

9.1 You agree to indemnify, defend and hold J.A.M.E.S harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by us in connection with any third-party demand, claims, action, suit, or loss arising as a result of (a) any breach by you of these ToU or claims arising from your account or any other use by you of the Platform, (b) any fraud or manipulation by you, (c) any third-party claim, action or allegation of infringement based on Content submitted by you, provided that we promptly notify you in writing (also by e-mail) of the alleged third-party-claim and do not accept the claim or enter into a settlement agreement with the claimant without your prior written consent (also by e-mail), not to be unreasonably withheld. You agree to use your best efforts to cooperate with us in the defence of any demand, claim, action or suit. We reserve the right to assume the exclusive defence of any matter subject to indemnification by you at our own expense.

9.2  We agree to indemnify, defend and hold you harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by you in connection with any third-party demand, claims, action, suit, or loss arising as a result of  your use of the Platform in compliance with these ToU, provided that you promptly notify us in writing (also by e-mail) of the alleged third-party-claim, do not accept the claim or enter into a settlement agreement with the claimant without our prior written consent (also by e-mail), not to be unreasonably withheld, and give us sole control of the legal defence and any settlement negotiations with the third party claimant.

10. Data Protection

We undertake to comply with all applicable data protection laws, in particular the provisions of the EU General Data Protection Regulation (EU/2016/679) (GDPR), the German Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the Telecommunications-Telemedia Data Protection Act (TTDSG) or other applicable Member State law.

For further information on the processing of your personal data in connection with the use of the Platform, please see our Privacy Policy.

11.  Miscellaneous

11.1    The Agreement shall be exclusively governed by and construed in accordance with the substantive laws of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.2    Exclusive place of jurisdiction for all disputes between the Parties arising out of or in connection with these ToU and the use of the Platform shall – if and to the extent permitted by law – be Munich, Germany.

11.3    We reserve the right to make any changes or additions to these ToU, provided that this does not discriminate against the User in bad faith, in particular if and to the extent the changes or additions are necessary for compliance with applicable law or the implementation of security-related technical modifications. We shall notify you about any changes or additions according to this clause 11.3 three (3) weeks before such changes become effective by e-mail or via the Platform to ensure that you stay informed of any such amendments and restatements. The changes or additions to the ToU are deemed to be approved unless you submit an objection in writing (also by e-mail) within three (3) weeks following notice. We will refer to this consequence specifically at the time of publication. If a User rejects the change or addition, his/her subscription can be terminated by means of ordinary termination in accordance with clause 7.1 above.

 

 

Last updated: July 2022

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