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TERMS OF SERVICE
Last updated: 02 December 2022
  1. Introduction

    Welcome to EVO Brick (the “Site”, “Marketplace”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

    These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at evobrick.com and our mobile application EVO Brick (together or individually “Service”) operated by EVO Brick.

    By clicking the “I ACCEPT” box at the end of these Terms, registering as a user, or using the Site you acknowledge and agree that you have reviewed, understand, and accept these Terms.

    For purposes of these Terms, you might be a user of the Site who is (i) a “Buyer” (i.e., you buy items from Sellers) or (ii) a Buyer and a “Seller” (i.e., you sell building instructions) (Sometimes referred to in these Terms as a “Designer”).

    Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here evobrick.com/privacy.

    Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

    If you do not agree with all of these Terms, do not click the “I ACCEPT” box at the end of these terms and do not register or otherwise use the Site. These Terms apply to all visitors, users and others who wish to access or use Service.

    Thank you for being responsible.

  2. Communications

    By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

  3. Purchases

    If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

    You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

    We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

    We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

    We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

    After purchase, the buyer cannot cancel the order placed.

    The quality of the customized building instructions is the sole responsibility of the seller registered on the EVO Brick marketplace. EVO Brick has no responsibility for building instructions sold by sellers. EVO Brick values quality and asks vendors for the highest level of detail in the steps of the build instructions, but EVO Brick is not responsible for the analysis or validation of the build instructions.

  4. Contests, Sweepstakes and Promotions

    Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

  5. Subscriptions

    Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

    At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or EVO Brick cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting EVO Brick customer support team.

    A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide EVO Brick with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize EVO Brick to charge all Subscription fees incurred through your account to any such payment instruments.

    Should automatic billing fail to occur for any reason, EVO Brick will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

  6. Free Trial

    EVO Brick may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

    You may be required to enter your billing information in order to sign up for Free Trial.

    If you do enter your billing information when signing up for Free Trial, you will not be charged by EVO Brick until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

    At any time and without notice, EVO Brick reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

  7. Fee Changes

    EVO Brick, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

    EVO Brick will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

    Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

  8. Content

    Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

    You may not, under any circumstances, upload and make public any content that violates the LEGO® Group's copyrights. This includes unauthorized use of the LEGO® logo on images. You can see the LEGO® Fair Play Policy for more details.

    You may not, except for free building instructions, use trademark names in any content (building instructions titles, descriptions or images).

    By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

    You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

    EVO Brick has the right but not the obligation to monitor and edit all Content provided by users.

    In addition, as a data and information protection measure, Content found on or through this Service are the property of EVO Brick or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

  9. Seller

    Building Instructions The sale price of building instructions is paid in full by the buyer directly to the seller. Each sale made by the seller will generate a sales commission for EVO Brick that must be paid through the invoice generated by EVO Brick with the total amount of commissions due after reaching the minimum requirements for creating the invoice.

    The seller, when selling building instructions, sells all the detailed steps needed to build a model with LEGO® parts. If, for any reason, there is a problem in the building instructions that make it impossible to build the model, the seller is responsible for correcting, improving and publishing new building instructions with all the detailed steps necessary to build the model correctly.

    The building instructions should be created using only official LEGO® parts.

    The building instructions sold, even if disabled or deleted, and even if the seller's account is disabled or deleted, must remain available to users who purchased them to guarantee the right to access purchased items. In these cases, even if the seller requests the deletion of your account, the seller agrees that your basic data will be kept only for the purpose of providing the service or product sold by the seller.

    Building Instructions Approval EVO Brick reserves the right to evaluate and approve the publication of building instructions in accordance with its internal evaluation and quality criteria. Building instructions that do not meet the evaluation and quality criteria will not be approved for publication.

    It is prohibited to publish building instructions related to: military items, war, violence, sex, weapons, items of any nature related or that resemble violence, even if from historical periods, other unlisted items that do not meet the internal evaluation and quality criteria of EVO Brick.

    Commission The commission is a percentage of the sales value of the building instructions sold by the seller and can be enabled and disabled by EVO Brick for a seller, at any time with or without notice.

    The commission percentage for each seller is defined by EVO Brick, which reserves the right to modify it at any time without prior notice. If there is a change in the seller's percentage, the seller may be informed about the change through the means of communication available at the time.

    The due amount of commission must be paid by the seller to EVO Brick by the due date through the invoice created automatically by EVO Brick. The invoice is created after meeting the minimum requirements for creating the invoice.

    Failure to pay the invoice by the due date will result in the possible automatic suspension of the seller's account, disabling the seller's store, withdrawing the products from sale and suspending the seller's monetization until the payment is settled.

    Monetization Monetization can be enabled and disabled by EVO Brick for a seller, at any time with or without notice.

    The monetized values will be available in the seller's EVO Brick account after the waiting period to ensure that the buyer has not returned the Brick Kit (Full SET, Alternate of SET Kit, Alternate of MOC Kit, Missing Parts Kit).

    Monetization is calculated by EVO Brick considering several factors and values related to the sale of a Brick Kit (Full SET, Alternate of SET Kit, Alternate of MOC Kit, Missing Parts Kit) based on a MOC from a seller.

    Due to possible variation in prices of products and services from suppliers used by EVO Brick to calculate the seller's monetization, the seller agrees with the monetization calculation and the final monetization value calculated. EVO Brick reserves the right to recalculate the monetization without prior notice if it identifies the need to recalculate it.

    The expected date for availability of monetization in the seller's EVO Brick account may vary as it is calculated based on the actual delivery date of the product to the buyer plus the time defined by law that the buyer has if he decides to return the product.

    If there are commissions to be paid by the seller for EVO Brick and the seller has received monetization, the monetization will automatically be used partially or fully to pay the unpaid commissions. In this case, commissions may be paid in full or in part, depending on the available monetization balance of the seller.

    If the buyer returns the product, the seller monetization related to the returned product will be canceled.

    General In order to create renderings of the creation to make available other products, such as t-shirts and others, based on the designer's MOC, and, considering that the designer will be commissioned for the sales of products that use the image of his creation, the seller allows access to the Studio file of your creation to provide simulations, tests, production and official launch of products related to their creation.

  10. Right of withdrawal and return

    Pursuant to articles 52 et seq. of the Consumer Code, the final Consumer has the right to withdraw from his/her agreement with the Seller without penalty and without giving any reason within fourteen (14) days starting from the day that the products purchased on www.evobrick.com were received.

    To cancel the agreement, you must use the Returns form (that conforms to the standard form pursuant to art. 49, paragraph 4 of the Consumer Code), which must be filled out and submitted directly via email to info@evobrick.com or write a letter clearly indicating your decision to withdraw from the agreement and send it to the Seller. If you choose to use the Returns Form and send an email directly to info@evobrick.com, the Seller will send you confirmation, via email, that the request for withdrawal has been received. Should you decide, however, to send the returns form via another method, it will be up to you to prove that your right to exercise withdrawal was carried out correctly and within the deadlines.

    Once you have exercised your right to withdraw from the agreement, you must return the products to the Seller by delivering them to the courier for shipment no later than fourteen (14) days after having informed the Seller of your decision to withdraw from the agreement. Returned products must be sent back to the Seller’s premises, complete with all accessories, documentation and packaging, which must be preserved intact.

    The cost of returning the products will be borne exclusively by the final Consumer, which will be communicated to him/her in advance in some cases, and he/she will be responsible for the products until they are delivered. If you decide to return your order, then you must pay the associated cost of returning the purchased products. The loss or damage of goods during transport will be your responsibility, because of your choice of courier and/or method of delivery.

    The refund will be made without delay and anyway not later than 14 days after the products have been returned and on the condition that they are returned intact, in the same condition in which they were delivered to the courier for shipment by the Seller and complete with all accessories, as specified in the following paragraphs.

    The Right to Withdraw – in addition to compliance with the terms and conditions described in the previous points – will be deemed to have been carried out correctly if the following conditions are fully met:

    • 1. The Returns form has been submitted directly via email to info@evobrick.com or via a letter clearly indicating your decision to withdraw from the agreement, has been properly completed and submitted to the Seller within fourteen (14) days of receiving the products;

    • 2. Boxes and packages must be originally closed, without having been opened. The products must not have been used in any way;

    • 3. The documentation must be returned;

    • 4. The products must be returned in their original packaging originally closed;

    • 5. The products must not be damaged or used in any way;

    • 6. The returned products must be delivered to the shipping company without delay.

    If the Right to Withdraw has been exercised in accordance with the manner and deadlines indicated in points 1 to 6 above, the Seller will arrange to reimburse the amounts paid for the products according to the manner and deadlines indicated.

    The amounts will be refunded without delay and in the shortest possible time and, in any case, within fourteen (14) days from the date on which the products for which you exercised your right of withdrawal were received by the Seller and he has verified that the terms and conditions indicated above were complied with.

    If the procedures and deadlines for exercising your right of withdrawal, indicated above, are not complied with, you will not be entitled to a reimbursement of the amounts already paid to the Seller. Within 14 days of having sent the email in which you will be notified that the return of products cannot be accepted, you can choose to receive the products back, at your expense, in the condition in which they were returned to the Seller, by giving notice to the Seller according to methods that will be indicated. Otherwise, the seller is entitled to keep the products in addition to any amounts already paid for their purchase.

    If the conditions indicated in points 1 to 6 in the previous paragraph are not complied with, you will not be entitled to a full reimbursement of any amounts already paid to the Seller. You will, in fact, be liable for any diminished value of the returned products resulting from them having being used in a manner other than the one intended by the Seller in order to allow you to assess the nature, characteristics and functionality of the products themselves. In this case, between 10 and 90 percent of the amounts paid to the Seller for the purchase of the returned products will be deducted from the refund. You will be specifically notified of this via email by the Seller. Within 14 days of having sent the email informing you of the amount that will be deducted from the refund, you can choose to receive back the products, at your expense, in the condition in which they were returned to the Seller, by giving notice thereof to the Seller according to methods that will be indicated. Otherwise, the seller is entitled to keep the products and an amount equivalent to the percentage deducted from the repayment.

    Unless otherwise agreed between the parties, the final Consumer is not entitled to exercise his/her the right of withdrawal in cases of:

    Products which have been made to the customer’s specifications or personalised at the express request of the final Consumer, or that are of a type or quality of materials other than those indicated on the www.evobrick.com website and all products not included in the store which have different characteristics and material qualities and in all other cases provided for by law, with particular reference to art. 59 of the Consumer Code. The Consumer is anyway not entitled to the right to withdraw if the product has been handled to an extent that is more than strictly necessary to establish its nature, characteristics and functionality.

  11. Refunds

    After the products have been returned, the Seller will assess their conformity. If the returns are accepted, the Seller will send you an e-mail in which he confirms that the returned products have been accepted. Should the Seller not accept the returned products, he will notify you, via e-mail, of the diminished value of the returned products as a result of you failing to comply with the conditions indicated in points 1 to 6. At the same time, the Seller will also inform you of the amount that will be deducted from the sums that will be repaid to you for the returned products; without prejudice, alternatively, for you to receive the products back, at your expense, in the condition in which they were returned to the Seller, in accordance with the above.

    Regardless of the method of payment you used, the full or partial reimbursement will be arranged by the Seller, without delay and no later than fourteen (14) days from the date in which the Seller has received the items for which you exercised the right of withdrawal, and after having verified that the right to withdrawal procedure was carried out correctly and the returned products verified.

    The Seller will make the refund using the same method of payment you used for purchasing the products that were returned, unless you have expressly agreed with the Seller to use a different method of payment. In the event of the customer exercising the right of withdrawal, if the recipient of the products indicated on the order form is different from the person who made the payment for them, the Seller will refund the amount to the person who made the payment.

    Except when required by law, paid Orders, paid Commissions and paid Subscription fees are non-refundable.

  12. Prohibited Uses

    You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

    In any way that violates any applicable national or international law or regulation.

    For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

    To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

    To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

    In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

    Additionally, you agree not to:

    Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

    Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

    Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

    Use any device, software, or routine that interferes with the proper working of Service.

    Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

    Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

    Take any action that may damage or falsify Company rating.

    Otherwise attempt to interfere with the proper working of Service.

  13. Analytics

    We may use third-party Service Providers to monitor and analyze the use of our Service.

    Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

    For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

    We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

    Firebase

    Firebase is analytics service provided by Google Inc.

    You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

    For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

  14. No Use By Minors

    Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Site, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

  15. Accounts

    When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

    You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

    In case of abnormal user behavior or account access, the account may have access temporarily or permanently blocked.

    We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

  16. Intellectual Property

    Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of EVO Brick and its licensors. Service is protected by copyright, trademark, and other laws of the Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of EVO Brick.

  17. Copyright Policy

    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@evobrick.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

    You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

  18. Error Reporting and Feedback

    You may provide us either directly at info@evobrick.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

    The third party sites and tools mentioned above include the following:

    Firebase Crashlytics

    Firebase Crashlytics is bug reporting service provided by Google Inc.

    You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

    For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

  19. Links To Other Web Sites

    Our Service may contain links to third party web sites or services that are not owned or controlled by EVO Brick.

    EVO Brick has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

    YOU ACKNOWLEDGE AND AGREE THAT EVO BRICK SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

    WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  20. Disclaimer Of Warranty

    THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

    NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    COMPANY 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.

  21. Limitation Of Liability

    EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  22. Termination

    We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

    If you wish to terminate your account, you may simply discontinue using Service.

    It is possible to request the closure of the account through the "Profile" area of the website. For this, the user must be authenticated with their credentials to access the Marketplace, meet and accept the following requirements:

    • The user must not have any financial pending;

    • If the user is, or has been, a seller, and made sales on the Marketplace, the account will be partially closed for the sole and exclusive purpose of maintaining buyers' access to the products sold by the seller.

    • All building instructions registered to the account will be removed from the sale;

    • It will no longer be possible to access the account or reactivate it;

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

  23. Governing Law

    These Terms shall be governed and construed in accordance with the laws of Italy without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  24. Changes To Service

    We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  25. Amendments To Terms

    We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

    Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

    By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

  26. Waiver And Severability

    No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

  27. Acknowledgement

    BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

  28. Contact Us

    Please send your feedback, comments, requests for technical support: info@evobrick.com