This document was last revised 12th December 2011.
What is Onvert?
Onvert offers content hosting and sharing services for augmented reality use (all, collectively, the "Onvert Services"), which provide:
- The Site: for creating unique personal accounts and accessing the Onvert Services
- 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, content, mobile services, content editors, Onvert APIs, Onvert-branded URLs or applications offered from time to time
- Visitors or Members: If you are just browsing the Site and have not registered with us, you are a "Visitor." If you have gone through the steps to register with us, you become a "Member." But both Visitors and Members are also called "User." Unfortunately, Membership is void where prohibited, so you might not be able to join.
- This Means Some of the Onvert Services are available only to its community Members, while others are available to all Users.
- To Us That Means You're eligible to be a Member because you've assured us that:
- What you told us when you registered as a Member was true;
- You've given us a valid email address;
- You'll notify us if something changes;
- You are 14 years of age or older;
- You're not breaking any laws when you use the Onvert Services; and
We trust and respect the Users of Onvert and its community, and expect all our Users to respect some simple rules. These mean that:
- You can use the Site and be a Member as long as you follow the Terms, including any revisions we may make.
- If you become a Member, you will need to supply a suitable password to use the Site. A strong password uses numbers, symbols and letters in both lower case and upper case and is at least 6 characters.
- Please note that it is our policy to terminate the accounts of Members who repeatedly infringe the rights of others in the community or commit illegal acts or violate these Terms. If you do any of these things, we may deny, restrict or suspend your access to all or any part of the Site or Onvert Services or terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability - and even take legal action if needed.
- You may leave the Onvert community at any time you wish, but we hope you will come back. Even after Membership and/or your use of the Site is terminated, you will still be responsible for the promises you have made to us about your Content and you will be responsible for any damages that result from your breaking those promises as further outlined below.
Cost and Pricing
- Visiting: There is no cost to visit the Site.
- Basic account: Each individual User gets one free account, with limitations on usage.
- Pro account: This is a higher level account, which permits greater use of the Site, which may include more bandwidth, no ads, certain commercial uses, and certain tracking controls - but there is a cost.
- Usage Fees: We may charge you usage fee based on the number of reference image scans using the Services. A scan is understood to be counted for each code and reference image that is successfully tracked and the associated content is displayed to the user for at least 1 second during a user session.
- Payment: By using the Services and accepting the applicable license or usage fee, you acknowledge paying such fee to Onvert in accordance with our payment terms. Onvert reserves the right to modify these fees upon one (1) months prior written notice.
- Refunds: If you close your Pro account within the first 30 days, we will gladly refund your membership fees. Unfortunately, after the initial 30 day period, if you close your Pro account, or we have to terminate it, we won't refund any fees you've already paid.
Types of Content That Can Be Posted
If you are a Member, you can upload files containing images, photos, sounds, and musical works ("Content"). However, there are some limits:
- Size Limits: The file size, bandwidth, and amount of storage you have are based on your account level.
- Limits on Content: The Onvert community is where everyone feels welcome, and thus there
are limits on the types of content that can be uploaded. Broadly, we prohibit anything that is derogatory to
somebody else; anything that you didn't create; or anything that is illegal.
- The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; defames or libels somebody; infringes somebody's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person's consent.
- Onvert may refuse to post your Content, remove your Content or terminate your Membership at any time, with or without prior notice or explanation, and without liability, for any or no reason. For more on how we handle infringements, check out our Copyright and IP Policy.
You retain all your rights to any Content you submit, post or display on or while using Onvert. This means that YOU own ALL the Content you post, but keep the following in mind:
- If you don't want to share your Content with the world, you can mark it "private." If you do so, Onvert
removes the Content from search results on the Site and other Users (except those you invited) won't find it
as a result of using the search feature of the Site. Also, we won't distribute it outside the Site.
- However, just because something is marked "private", we can't guarantee that only the people you invite will see your content. Even if you mark something "private", users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site.
- Remember: if you share it from the Site, it's no longer private, even if you marked it "private."
- If you remove your Content from the Site or mark as "private" something that previously had been public, Onvert will not use it outside of the Site anymore and will hide it from search results on the Site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was marked "private." Also, we will retain it if needed for any legal reason.
- If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.
- You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites).
- When you post content, you are telling us and all other Users that the Content only belongs to you and nobody else and that the posting and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. We are not responsible if it is not really yours or if you infringe on others' rights; you will be responsible if there are any costs for that.
- Onvert may manipulate your Content to offer the Onvert Services (including transcoding and/or reformatting Content to allow its use throughout the Onvert Services).
- In an effort to keep the Site free, we may support the site, at least in part, by advertising. Onvert may place such advertising and promotions on or near your Content. The kind of advertisements we post and the way we display them are up to us.
- From time to time, we may keep an eye on Content you post, and if we do, we are not responsible for what's in the Content and we are under no obligation to modify or remove any inappropriate Content. We have provided some tools on the Site - like links to "report inappropriate content" - so you can let us know if you find Content offensive.
- In order to promote and develop our service, we use some images, files, software and other things on the Site that we own or that have been licensed to us ("Onvert Content"). Onvert Content is ours and stays ours, but if you follow these Terms, you are entitled to use and display the Onvert Content (excluding any software code) when you view the Site and use our services. Except in viewing the Site, you agree that you will not copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Onvert Content.
- If you stop using the Onvert Services your Content will remain on the Site, unless you actively remove your Content, and the rights you granted to us and other Users remain.
- If you use the 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 Site or the way it functions; anything that interferes with other
User's enjoyment of the 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 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.
- The Site is as Good as its Community: As a Member of the Onvert community, if you become aware of misuse of the Onvert Services by any person, 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 use the Site at your own risk and the Site and services are provided "AS IS."
- We are not saying that the Site will meet any of your specific needs or that you'll get any particular results if you use the 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 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 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 Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
- The Site may contain links to other websites, wholly unrelated to Onvert - even if posted on the Site. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of that other site. You should check out that site's terms and policies.
2 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.