Terms of Use and Service

Welcome to Morpheus Website ("Website"). Your use of the Website and receipt of the Service (as defined below) thereby indicates your agreement to be bound by these terms and conditions, which constitute a legal agreement between you and Morpheus (“Morpheus”, “we”, “us” or “our”). By clicking "I accept" and/or using our Website, you confirm and acknowledge that you have read, understood and agree to be bound by these “Terms of Use and Service" ("Terms"),to comply with all applicable laws and regulations and that these Terms shall apply to all aspects of our Service and your receipt thereof. If you do not agree with these Terms, you should not use the Website and/or access the Service.

Our Service

The Service we offer through our Website (the "Service") enables you to upload to our Website one or more photos of a piece of jewelry or miniature artifact you wish to recreate (the "Item"), on the basis of which we will designate a qualified jewelry design expert from our network who will generate a price quotation for producing the Item according to materials you select and create a virtual 3D model of the Item (the "3D Model"). Once you approve the 3D Model, our jewelry design experts will procure the production of the Item using the materials you selected and state-of-the-art technology.

Account Terms

You shall be requested to create or log into an account to use the Service. You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use our Website only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the account registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.

Ordering

Once you have created an account or logged into your existing account and selected the photo(s) of the Item you want to recreate, we will respond with a price quotation for the production of the Item for your confirmation and expected shipping date. The quotation will include the type and price of the materials we will use to recreate your Item. To complete your order you will need to approve the final 3DModel for production ("Order") and you will then be directed to a PayPal™ payment page to initiate your payment. Please be informed that the language to be used during the whole ordering process is English. After your payment has been processed you will receive from PayPal™ a confirmation by e-mail address associated with your Morpheus account. The confirmation will be effective as of the date on which the confirmation is sent to you. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to info@morphe.us.com.

Before the Item is produced, you will be able to view the 3D Model of the Item in our virtual workroom and interact with the design expert assigned to recreate your Item. Once you approve the 3D Model your Item will be produced on the basis of the approved 3D Model, packaged and shipped to you as per the delivery instructions provided in your Order.

Our basic assumption is that we can recreate almost all jewelry or miniature artifacts on the basis of quality photos; however, there could be technical or other reasons why Morpheus may not accept or cancel your Order during the entire process, even after our acceptance of your Order. (Such reasons can be for example but not limited to the unfeasibility of the Item, the infringing feature of your Item (according to our sole discretion, as stated herein), the destination of the delivery you indicated in your Order, etc.). In case we cannot accept or cancel your Order for any reason we will contact you via email and you will receive a full refund of your payment for any monies already paid; however, due to the personalized feature of our Service (i.e. the Item is supplied by us based on your specifications), you cannot cancel your Order after it goes into production.

Prices; Payment

The price indicated in the price quotation you will receive includes the fee for the Service (such as producing the Item parts, assembling them, packaging, etc.) and the price for the materials used to produce the Item. The price quotation provided will include shipping costs and sales tax (if applicable) but will exclude any import duty or taxes (if applicable). All prices shall be indicated in either U.S. dollars (USD) or Euro (EUR). If you do not pay in USD or EUR, the currency conversion will be handled by our payment service provider, PayPal™. You will be directed to the PayPal.com website for payment. Morpheus shall not be responsible in any way for the payment process done via the PayPal.com website. Please familiarize yourself with the terms of use of those services of PayPal. We will not perform the production of the Item until we receive confirmation either via PayPal that the transfer of the amount indicated in the order confirmation form has been completed.

Shipping

Your Order will be delivered to the shipping address specified in your Order, provided that such shipping address is in one of the countries we deliver to. We will use our commercially reasonable efforts to ship the Item to the shipping address within the delivery time indicated in our confirmation email nevertheless depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred upon delivery to the carrier for shipment.

Warranty

Morpheus warrants only that the Item produced by us will substantially meet the features of the Item as indicated in the 3D Model that you approve, within the limitations of 3D printing technology or any other production method suitable for your item. Morpheus does not give any warranty about the Item and does not guarantee that the Item will be fit for any particular purpose. Please inspect the Item upon receipt immediately. If the Item is faulty when you receive it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 5 days after receipt of the Item. Such warranty claim can be made only within 5 days after receipt of the Item by you. Do not return the Item unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.

Morpheus provides the Website and the Services “as is“ and “as available”. Morpheus does not warrant that the use of the Website and the Service will be uninterrupted or error free. MORPHEUS MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, MORPHEUS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE NOTE THAT THE MATERIALS WE USE FOR PRODUCING THE ITEMS MAKE THE ITEMS SUITABLE ONLY FOR ORNAMENTATION PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE ITEMS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE ITEMS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.

Use of the Morpheus Website and Service.

Copyright and all other proprietary rights (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Website, the Service and its deliverables and any information, data or materials provided or used in connection with, or generated by, the Service (excluding Your Content). vests with Morpheus or its licensors. Any other use thereof, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Morpheus is strictly prohibited. Morpheus does not grant you any right to use its trademarks, trade names, or logos. You have only the limited right to access the Service as expressly granted under these Terms and no other rights are granted or conveyed, or shall be deemed to be granted conveyed, whether by implication, estoppel, or otherwise.

This Website may provide links to other websites that are not under the control of Morpheus. Morpheus shall not be responsible in any way for the content of such other websites. Morpheus provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by Morpheus of the content of such websites. Since the Morpheus Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website. The Service is personal to you and you may not and will not permit any third party to distribute, rent, loan, lease, sell, resell, sublicense, or otherwise transfer all or any portion of the Service, your rights with respect to the Service or any part of these Terms, to any other person or legal entity; or remove, alter, or obscure any copyright, trademark, or other proprietary notices, labels, or marks from the Service or modify, translate, adapt, arrange, or create derivative works based on the Service, except as permitted herein.

Your Content

The term “Your Content” when used in these Terms shall mean any content uploaded to the Website by you or provided by you within the framework of the Service, including but not limited to all uploaded photos of your Item, comments on the Website, specifications provided in your Order form or in any interface with our designers in our virtual workroom, as well as the 3D Model we create on the basis of Your Content. All of Your Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right. Without derogating from the foregoing, Morpheus has no obligation to review Your Content and can in no way be held responsible for the content of Your Content.

By submitting Your Content through the Service or the Website, you hereby do and shall grant us and our affiliates, representatives and subcontractors a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Your Content in connection with the Website, the Service and our (and our successors’ and assigns’) businesses. For clarity, the foregoing license granted to us does not affect your other ownership or license rights in Your Content, including the right to grant additional licenses to Your Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

By uploading your photos of the Item, you warrant that the Item was or is in your own use, or that the use thereof was duly transferred, assigned, hypothecated, distributed or otherwise lawfully conveyed to you, and was either purchased or received as a gift, inherited, is your original creation and not copied from any third party and/or entity. You warrant that Your Content will not infringe the intellectual property rights of third parties. Should Your Content nevertheless be found to be infringing and/or in violation of any law, you will defend Morpheus against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Morpheus with respect to such claims and Morpheus shall not be liable for any such claim of infringement or violation.

We reserve the right to review and refuse any request to create a 3D Model and/or fulfill any Order when it, in our own absolute discretion, appears to infringe third party intellectual property rights, or in our absolute discretion the Item does not comply with the Terms hereof and in such case we shall remove your photos and any 3D Model created thereupon from the Website and/or our records and all licenses granted by you to Morpheus under these Terms shall be deemed terminated without further action.

WITHOUT DEROGATING FROM YOUR FOREGOING REPRESENTATIONS IN RESPECT TO YOUR CONTENT, YOU CONFIRM THAT ITEMS ORDERED VIA THE SERVICE SHALL BE USED FOR YOUR OWN PERSONAL AND INDIVIDUAL USE AND SHALL NOT BE USED FOR ANY COMMERCIAL PURPOSES WHATSOEVER.

Consent to Use of Personal Data

By using our Service you agree that Morpheus may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the Morpheus Privacy terms contained herein.

Limitation of Liability.

These Terms set out the full extent of our obligations and liabilities in respect of the Morpheus Service. Save as set out herein, there are no warranties, conditions or other terms that are binding on us regarding the supply of Service except as expressly stated in these Terms. Any warranty, condition or other term arising out of or in connection with the Service or the delivered Items which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

MORPHEUS WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE RECEIVED FROM YOU BY MORPHEUS FOR THE RELEVANT ORDER.

Nothing in these Terms shall limit or exclude our liability which cannot be excluded by law.

Applicable Law

These Terms shall be governed by the laws of Israel without regard to the conflicts of law principles thereof. Any and all disputes arising from these Terms, including disputed relating to the validity thereof, and any disputes related to the use of the Morpheus Service or Website or relating to the Items ordered and delivered, shall be brought in the courts located in Tel Aviv, Israel. The United Nations Convention on the International Sale of Goods shall not apply to the Morpheus Service or Website or relating to the Items ordered and delivered.

Indemnification.

You agree to indemnify and hold Morpheus and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys' fees) arising from or relating to any claims that result from your breach of these Terms. This indemnification shall be in addition to and not derogate from any indemnity obligation in respect to Your Content under these Terms.

Change of the Website, the Service and these Terms.

Morpheus reserves the right to make changes to the Website, the Service and these Terms at any time. Such amended Terms shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms. Please check the Terms published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.

Miscellaneous.

These Terms, together with the Privacy Policy represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Morpheus. No amendment of these Terms shall be binding upon Morpheus unless in writing and signed by Morpheus. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms.