This document was last revised 12th December 2011.
What is Onvert?
Onvert provides you (the "User") with an augmented reality application that enables the "sharing" of "content" (not limited to text, images, photos, sounds, 2D/3D models, video, links and images required for the detection and tracking of features to display content – "Reference Images") in a public space between the User and onvert or third party content publishers ("Members").
- Content: such as images, video and accompanying audio we host and store, provided by us or you and other users
- Sharing: sharing Content within the onvert community, across the internet and for hosting on third party sites, providing access to applications and services, and linking up social networks and other partners with the Site
- Other: any other features, website, content, mobile services, content editors, onvert APIs, onvert-branded URLs or applications offered from time to time.
- You are only permitted to access and use the Services if you are older than 13 years and so long as:
- You accept that you may be exposed to Third Party Content that is offensive, indecent or otherwise objectionable. Third Party Content may also contain material that violates the privacy, intellectual property or other rights of third parties. We do not represent or imply that we approve of the Third Party Content and we cannot review or verify whether the Third Party Content is accurate, useful or harmless. Should you come across Third party Content which violates any applicable law or regulation (including intellectual property, privacy laws and regulations), please email firstname.lastname@example.org and include in your email a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the onvert Copyright and IP Policy.
- You accept that you are solely responsible for all costs involved in the use of the Service, such as communication costs related to the use of devices, the use of mobile Internet and roaming, and taxes connected to your use of the Services.
- If you use the App, Site and the onvert Services and community, you are subject to some limits on things you can do, and we can investigate and take appropriate legal action against anyone we think is violating the Terms.
- You must not do anything that disrupts the App, Site or the way it functions; anything that interferes with other
User's enjoyment of the App, Site or the community or using the Site to deceive people.
- Prohibited activities include: forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site or onvert Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site; covering or obscuring the banner advertisements on your personal profile page, or any onvert page via HTML/CSS or any other means, whether by HTML, CSS or some other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content; making any automated use of the system, such as, but not limited to, using scripts to send images or videos; interfering with, disrupting, or creating an undue burden on the onvert Services or the networks or services connected to the onvert Services; impersonating or attempting to impersonate another User, person or entity; selling or otherwise transferring your profile; using any information obtained from the onvert Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or breach any security or authentication measures; collecting or storing personal data about other users without their express permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; scraping the Site by the use of crawlers, bots or other automated mechanisms. Finally (though this should go without saying), using the Site in a manner that violates any laws.
- You are solely responsible for your interactions with other Members, although we reserve the right to intervene for the benefit of the community, if need be.
- Our Site and Data is hosted in the UK. There may be fewer protections for you in your country than here.
- Software available in connection with the Site and services offered through the Site (the "Software") is further subject to United Kingdom export controls. No Software may be downloaded from the onvert Services or otherwise exported or re-exported in violation of U.K. export laws. Downloading or using the Software is at your sole risk.
- These Terms are governed by, and interpreted in keeping with, the laws of the United Kingdom, regardless of any conflict of law provisions. You and onvert agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom to resolve any dispute arising out of the Agreement or the Onvert Services. YOU AND ONVERT HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Reporting Misuse: If you become aware of misuse of the onvert services by any person, please email email@example.com and include in your email a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the onvert Copyright and IP Policy.
- You use the App and Site at your own risk and the Site and services are provided "AS IS."
- We are not saying that the App and/or Site will meet any of your specific needs or that you'll get any particular results if you use the App and/or Site. We are not responsible for the conduct of other Users' conduct on- or off-line.
- We encourage you to always keep backups of your Content. Onvert is not responsible if any of your Content is deleted, or if any modification, suspension, or discontinuation of the Site or services causes you to lose any Content.
- While we make an effort to keep the Site and App service up and running at all times, we're also not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the App and/or Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
- We are not responsible for advertisements or applications or services that are posted on or through the App and Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
- The App and/or Site may contain links to other websites, wholly unrelated to onvert - even if posted on the App and/or Site. If you click on these links, you may be leaving the App and/or Site. If so, you will be governed by the terms of that other site. You should check out that site's terms and policies.
3 Final, Very Important Terms
- Limitation on Liability. IN NO EVENT SHALL ONVERT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ONVERT SERVICES, EVEN IF ONVERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONVERT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONVERT FOR THE ONVERT SERVICES DURING THE TERM OF MEMBERSHIP.
- Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold onvert, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and onvert Services in violation of that and/or arising from any Content that you post on or through the Site and onvert Services.
- Obligations Continuing After Account Termination Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and onvert Services. Obligations you owed to us and Users of the Site which by their nature are intended to survive closing or termination will survive.