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Terms and Conditions

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Welcome to TempCAD!

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These terms and conditions outline the rules and regulations for the use of TempCAD's Website, located at tempcad.com, refers to A.Neyman Tech. Dev., Nechama 10, Tel Aviv, Israel (referred to as either "the Company", "We", "Us" or "Our" in this Agreement).

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By accessing this website we assume you accept these terms and conditions. Do not continue to use tempcad.com if you do not agree to take all of the terms and conditions stated on this page.

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The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" "user" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "member" refers to a client who upgraded his profile to access all specified designes. "Usage" refers to browse the web (member and user alike). "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Israel and international law, subject to client's countries' law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

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Site and Service Background

The Site is primarily intended to provide a service which assists makers in creating physical products based on existing models (“models”). Meaning, providing makers with a template, whose dimensions are competent of being edited by the client. Usage of existing models, managing and personalizing its' dimensions and importing a 3d Template project file (such service, the “Service”, and such information and tools, the “Service Results”).

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Unspecified services

We offer services for client's personal projects. Such services will be discussed with us separately regarding:

• Definition of the services, post evaluation and conclusion from both parties.

• Duration of the services.

• Price for the services.

An adequate contract will be signed by the client. Client's payment is upfront.                 

All unspecified services:

• Do not include refund.

• Can be utilized partially or fully by the company. Including distribution to further customers.

You and TempCAD are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and TempCAD. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of TempCAD.

However, the Site includes other features, products and services. Unless otherwise mentioned, references to the “Site” in these Terms include the Service.

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Cookies

We employ the use of cookies. By accessing tempcad.com, you agreed to use cookies in agreement with the TempCAD's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

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License

Unless otherwise stated, TempCAD and/or its licensors own the intellectual property rights for all material on tempcad.com. All intellectual property rights are reserved. You may access this from tempcad.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from tempcad.com

• Sell, rent or sub-license material from tempcad.com

• Reproduce, duplicate or copy material from tempcad.com

• Redistribute content from tempcad.com

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. TempCAD does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of TempCAD, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, TempCAD shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

TempCAD reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant TempCAD a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

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Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of TempCAD; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to TempCAD. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of TempCAD's logo or other artwork will be allowed for linking absent a trademark license agreement.

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iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

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Your Privacy

Please read Privacy Policy

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Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Add-ons:

A limit what users can do:

Limitation of Liability (manufactured products included)

Notwithstanding anything to the contrary, to the fullest extent permissible by law:

• TempCAD shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under these terms or in connection with your use of, or inability to use, the site, the service or the results obtained from the service, your participation in a contest, any products, or other services offered on the site, even if TempCAD has been advised of the possibility of such damages or losses.

• In no event shall the aggregate liability of TempCAD for any damages arising under these terms or in connection with your use of, or inability to use, the site, the service or service results, your participation in a contest, any products, or any services offered on the site, exceed the total amount of fees, if any, paid by you to TempCAD for using the site or participating in the contest (as applicable), during the three (3) months prior to bringing the claim.

• The exclusions and limitations listed above shall apply (a) even if any remedy in this agreement fails of its essential purpose; and (b) regardless of the theory or basis of liability (including, without limitation, breach of contract, tort, negligence or strict liability). This section ‎20 constitutes an essential part of this agreement.

 

 

Registration

• Registration and membership are open to all-natural persons over thirteen years of age who have an interest in the webs servicves. Users under sixteen years of age must first obtain the consent of a parent or guardian.

• Each User shall only register once.

• The User shall register online to become a Member of TempCAD.

• By registering with TempCAD, the User accepts that most communications with TempCAD and its Members will take place electronically.

• It is the User’s responsibility to make sure that she/he has sufficient access to Internet to participate to the activities at the desired extent.

• TempCAD screens registration applications and reserves itself the right to reject a registration without stating the reasons.

• Upon registration, Members are required to supply their name, email address, mail address, areas of interest and a password.

• It is expressly forbidden to place accounts at the disposal of third parties and to disclose access details to third parties.

• For technical reasons, TempCAD cannot establish with certainty whether a registered user really is the person he/she claims to be. TempCAD shall therefore provide no guarantee as to users’ true identities. Members shall therefore be responsible for verifying other Member’s identities and shall contact TempCAD in cases of suspicion.

• Registration as a Member results in a contractual relationship (usage contract) between TempCAD and the Member. By accepting the Terms, they become a contract component. The member receives a personal, non-transferable right, revocable at any time, to use the contents and services provided by the Website and undertakes to comply with these Terms and the restrictions set out in them during such use.  

• TempCAD reserves the right to modify, suspend or discontinue individual services and/or sections of the Members Area, or all of them, at any time and without prior notice, in whole or in part. TempCAD reserves the further right to limit or deny access to individual or all services, without prior notice at any time.

 

 

Termination of Users

• users can resign their membership with TempCAD at any time by communicating their decision by mail or email (see contact details below) or by writing a message in the Comments area of the Profile Update page.

• The resigning Member shall pay the current year’s membership, if any, in full.

• Usage can be terminated by decision, with or without a reason.

• After the resignation or the termination of a user or a member, TempCAD is entitled to continue without time limitation, to freely use in the Website, emails, publications and advertisements, in full or in part, the contributions (text and other material) the Member submitted to TempCAD before resignation or termination, if any.

• Resigned Members can apply to revive their registration at any time. The decision to revive a registration is taken by the company.

Term and Termination

These Terms are effective between you and TempCAD until terminated by TempCAD or you. TempCAD, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, or your participation in a Contest, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). TempCAD shall not be liable to you or any third party for termination of the Site (or your use thereof or access thereto), or any part thereof or any Contest or your participation therein. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site or refrain from participating in any Contest. Upon termination of these Terms, you shall cease all use of the Site.

 

Restrictions of use of materials

Except as expressly licensed to you in this Agreement, the copyright in all material provided on this Site is held by The Fabricant or by the original creator of the material. Except as stated in this Agreement, none of the material included in this Site may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TempCAD. Permission is granted to download, display, make derivative work, and distribute the materials including but not limited to 3D CLO3D project files, OBJ files, FBX files, and PNG/JPEG images from this Site for personal, non-commercial use provided you retain all copyright and other proprietary notices contained in the materials

For greater certainty, the following are prohibited uses and you shall not:- use the material in design template applications intended for resale;- advertising and promotional projects, fashion clothing, including printed materials, presentations, film and video presentations, broadcast, and commercials;- online or electronic publications;- use the material in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;- use any of the material as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;- incorporate the material in any product that results in a re-distribution or re-use of the material or is otherwise made available in a manner such that a person can extract or access or reproduce the material as an electronic file;- use the material in a fashion that is considered by The Fabricant (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the material into disrepute;- remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the material;
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the material or the rights granted under this Agreement. If the material is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the material contrary to the terms of this Agreement, and (ii) in such event, upon The Fabricant’s request, you shall remove any material from such platform or website, (iii) The Fabricant should receive adequate attribution on the social media platform or other third parties website by including a link to The Fabricant Site.

This permission terminates automatically if you breach any of these terms or conditions. Upon termination you are obliged to immediately destroy any downloaded and/or printed materials. You also may not, without The Fabricant's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations.

Contact details:

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at tempcadhello@gmail.com.

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This Section 22 and Sections Warranty Disclaimer, Unauthorized Uses and Your Liability, Intellectual Property Rights, User Submissions, iot Service – Information, Contests, Privacy, Warranty Disclaimers, Limitation of Liability, Indemnity, and Independent Contractors through and including General, and any provision so intended, shall survive termination of these Terms