Please read this Agreement carefully before accessing or using the Products. By accessing or using any part of the our web site and Products, 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 the Products or use any services. If these terms and conditions are considered an offer by Web and Print Design, acceptance is expressly limited to these terms. The Products are available only to individuals who are at least 13 years old.
- Your augmentedrealityplugins.com product. If you use the Products on your own website, you are responsible for maintaining the security of your site and its content, and you are fully responsible for all activities that occur under your site and any other actions taken in connection with the use of the Products. You must not use the Products in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Web and Print Design may change or remove your subscription licence if it considers your use to be inappropriate or unlawful, or otherwise likely to cause Web and Print Design liability. You must immediately notify Web and Print Design of any unauthorized uses of the Products, your account or any other breaches of security. Web and Print Design will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Content’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Web and Print Design or otherwise.Responsibility of Contributors. If you use the Products on your website, or otherwise make (or allow any third party to make) material available by means of the Products (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- Without limiting any of those representations or warranties, Web and Print Design has the right (though not the obligation) to, in Web and Print Design’s sole discretion (i) refuse or remove any content that, in Web and Print Design’s reasonable opinion, violates any Web and Print Design policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Web and Print Design’s sole discretion. Web and Print Design will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Web and Print Design the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Web and Print Design before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Web and Print Design in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Web and Print Design the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Web and Print Design reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Web and Print Design.
- Support. All support will be provided in accordance with Web and Print Design standard services practices, procedures and policies.
- Copyright Infringement and DMCA Policy. As Web and Print Design asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by augmentedrealityplugins.com violates your copyright, you are encouraged to notify Web and Print Design. Web and Print Design will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of such termination, Web and Print Design will have no obligation to provide a refund of any amounts previously paid to Web and Print Design.
- Intellectual Property. This Agreement does not transfer from Web and Print Design to you any Web and Print Design or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Web and Print Design. Web and Print Design, augmentedrealityplugins.com, the augmentedrealityplugins.com logo, and all other trademarks, service marks, graphics and logos used in connection with augmentedrealityplugins.com, or the Website are trademarks or registered trademarks of Web and Print Design or Web and Print Design’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Web and Print Design or third-party trademarks.
- Advertisements. Web and Print Design reserves the right to display advertisements showcasing users of the Products.
- Changes. Web and Print Design reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Web and Print Design may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Web and Print Design may terminate your access to all or any part of the Products at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your augmentedrealityplugins.com account (if you have one), you may simply discontinue using the Products. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Web and Print Design if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Web and Print Design’s notice to you thereof; provided that, Web and Print Design can terminate the Products immediately as part of a general shut down of our service. 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.
- Disclaimer of Warranties. The Products are provided “as is”. Web and Print Design 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 Web and Print Design nor its suppliers and licensors, makes any warranty that the Products 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, the Products at your own discretion and risk.
- Limitation of Liability. In no event will Web and Print Design, 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 Web and Print Design under this agreement during the twelve (12) month period prior to the cause of action. Web and Print Design 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.
- Indemnification. You agree to indemnify and hold harmless Web and Print Design, 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 the Products, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Web and Print Design and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Web and Print Design, or by the posting by Web and Print Design of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Products will be governed by the laws of the state of Western Australia, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Western Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Western Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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; Web and Print Design 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.