The following terms and conditions govern all use of the Numeric Mill website and all content, services, and products available at or through the website, including Numeric Mill (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Numeric Mill’s Privacy Policy) and procedures that may be published from time to time by Numeric Mill (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with numericmill e.U., Pater-Schwartz-Gasse 11A, 1150 Vienna, Austria (“Numeric Mill” or “we”).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Numeric Mill, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 16, and access and use of our Services is only offered to users 16 years of age or older. If you are under 16 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.
Use of our Services requires a Numeric Mill account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
This Agreement does not transfer from Numeric Mill to you any Numeric Mill or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Numeric Mill. Numeric Mill, numericmill.com, the Numeric Mill logo, and all other trademarks, service marks, graphics and logos used in connection with Numeric Mill or our Services, are trademarks or registered trademarks of Numeric Mill or Numeric Mill’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Numeric Mill or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Numeric Mill may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Numeric Mill account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is.” Numeric Mill and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Numeric Mill nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Numeric Mill, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Numeric Mill under this agreement during the twelve (12) month period prior to the cause of action. Numeric Mill shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Numeric Mill Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Numeric Mill reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Numeric Mill, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Numeric Mill and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Numeric Mill, or by the posting by Numeric Mill of a revised version.
The exclusive place of jurisdiction for disputes arising from and in connection with this Agreement, including its conclusion and after its termination, is the competent court in Vienna, Austria. This Agreement, as well as questions of its conclusion and its legal consequences, is governed exclusively by Austrian law, with the exception of its International conflict of law rules and the exclusion of the UN Convention for the International Sale of Goods.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Numeric Mill may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(These Terms of Service were originally written by Automattic – the people behind WordPress.com. And they've made them available under a Creative Commons Sharealike license, which means you’re more than welcome to steal these Terms of Service and repurpose them for your own use, just make sure to replace references to us with ones to you, and if you want they’d appreciate a link to WordPress.com somewhere on your site. They spent a lot of money and time on these, and other people shouldn’t need to do the same.)