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Visual Live 3D Terms and Conditions Agreement
effective as of 21st of March 2017
Thank you for choosing Visual Live 3D software. Visual Live 3D´s Terms and Conditions Agreement explain the terms and conditions under which you are able to use the software provided by Visual Live 3D. Please read carefully this Terms and Conditions document, and keep a copy of it for your reference. The effective version of our Terms and Conditions can be found on our website.
BY SUBSCRIBING TO USE OUR SOFTWARE OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY VISUAL LIVE 3D YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH VISUAL LIVE 3D LLC., an Arizona Limited Liability Company. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OUR SOFTWARE OR ACCESS OUR SERVICES.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Visual Live 3D.
The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms and Conditions Agreement document.
‘Site’ refers to the website of the Visual Live 3D.
‘Software’ refers to the HoloLive, MobiLive and Virtual Live software developed and provided by Visual Live 3D LLC as well as Revit and Navisworks Manage Visual Live 3D plugins.
‘User/You’ refers to any person using our Software or accessing the Site and its Services.
‘We/Us/Visual Live 3D’ refers to VISUAL LIVE 3D LLC
‘Outside source’ refers to any application, website, natural or legal entity other than Visual Live 3D.
‘Content’ refers to all images, text, audio and video data or any other information located on the Site, on our servers, or provided by other means, including the information provided by e-mails.
‘Services’ refers to functionality of the Site, registration, support, training and other Services provided by Visual Live 3D in relation to the Software.
2. Use of the Software
By downloading the Software or by requesting a quota you confirm that you are at least 18 years of age. By subscribing, using our Software or Services, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Service, (iv) that you will not use Software or Services contrary to these Terms or applicable laws.
We may not always control who downloads the Software or uses the Services, so it is upon you to assess whether Software, Site, or our Services is in compliance with any local laws and regulations. Whenever you are using the Software, visiting our Site or using our Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Software, Site, or the Services is not in compliance with your local laws, you may not use the either of them.
When subscribing, Users are required to provide true, accurate, current and complete information about themselves and their business as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Software, the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform Visual Live 3D immediately.
Services are available to you upon registration on the Site and payment of the subscription fee. By subscribing to the Service you agree to become a subscriber for the period you have elected. For more information about pricing and billing terms, please contact us through the appropriate form on the Site. Visual Live 3D reserves the right to amend subscription fees or to institute new fees at any time upon reasonable notice through e-mail provided by the User. Any changes to the pricing will not affect User’s current subscription period and will become effective upon subscription renewal.
We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:
(i) The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
(ii) We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
(iii) Your order is placed pursuant to previous credit card dispute.
We may offer a free trial period for using the Services. During this period you will be able to use the functionality of the Software and the Services. Trial period lasts for seven days or until User activates ‘Load’ model button, whichever is first. Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription.
Software Use and Warnings
Users are only able to use one account with one device. You may not transfer or share your account with anyone. You may not use multiple accounts on the same device, or use your account on different devices.
You understand and agree that the Software has certain limitations in regard to the size of the model which can be uploaded and the precision and accuracy of the device. We are not liable for any loses or damages which result from the limitations of the Software or devices using the Software. Software is intended only to assist Users with the design, analysis, simulation, estimation, testing and/or other activities and is not a substitute for User’s own independent design, analysis, simulation, estimation, testing, and/or other activities. We are not liable in any manner whatsoever for the results obtained through use of the Software.
WHEN USING THE SOFTWARE ALWAYS BE AWARE OF YOUR SURROUNDING. VIRTUAL AND AUGMENTED REALITY IMPLY CERTAIN RISKS ESPECIALLY WHEN USED IN OUTDOOR SPACES. YOU HEREBY AGREE AND UNDERSTAND THAT VISUAL LIVE 3D IS NOT LIABLE FOR ANY INJURY OR DAMAGE THAT OCCURS WHILE YOU ARE USING THE SOFTWARE.
We may provide you with the one hour free remote training when you first purchase a subscription plan.
Acceptable Use Policy
You agree that you will not misuse our Software or Services. A misuse constitutes any use, access or interference with Software, Site or Service contrary to Terms and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Software, the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Software and Services to anyone at any time. During your use of the Software and Services, you will not behave contrary to the Terms, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii) collect Site users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) solicit login information or access an account belonging to someone else;
(v) provide any false personal information on the Site, or create an account for anyone other than yourself without permission;
(vi) upload content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vii) take any action creating a disproportionately large usage load on the Site or our servers unless expressly permitted by Visual Live 3D;
(viii) delete, hide, remove or modify any Content of other individuals other than yourself;
Intellectual property rights
The copyright and all intellectual property rights regarding the Software and the Site belong to Visual Live 3D or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, the selection and set up thereof and the software. All rights are reserved.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Software provided by Visual Live 3D. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Software, the Site and its Content; distribute, transfer, sublicense, lease, lend or rent the Software to any third party; reverse engineer, decompile or disassemble the Software; or make the functionality of the Software available to multiple users through any means.
Nothing in these Terms may be construed as giving to User any right, ownership, title or interest with regard to the Software, other than the right to use the Software in accordance with the conditions set forth in these Terms.
We may contact you using the available contact information provided by you, for any matters relating to the Software or Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the Visual Live 3D and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
3. Third Party Services
You will indemnify and hold harmless Visual Live 3D, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Software, Site and our Services, Content which you provide, or your violation of these Terms.
5. Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE VISUAL LIVE 3D SERVICE IS TO STOP USING THE VISUAL LIVE 3D SOFWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW VISUAL LIVE 3D, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE VISUAL LIVE 3D SOFTWARE OR SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF VISUAL LIVE 3D HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL VISUAL LIVE 3DS AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID VISUAL LIVE 3D, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Visual Live 3D, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided or obtained through the Software, or any errors, in or omissions from information in the Software. Visual Live 3D is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Software, nor caused by the delay, malfunction of the operation or the availability of the Software and Services.
VISUAL LIVE 3D MAY MAKE CHANGES OR REPLACE OUR TERMS AND CONDITIONS AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON OUR SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS AND CONDITIONS AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. CHANGED TERMS AND CONDITIONS AGREEMENT WILL NOT AFFECT ANY RIGHT OR OBLIGATION OF YOU OR VISUAL LIVE 3D UNTILL EXPIRY OF THE CURRENT SUBSCRIPTION PERIOD. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS AND CONDITIONS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT ON OUR WEBSITE. THE TERMS AND CONDITIONS AGREEMENT APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR WEBSITE, FOR AN EXAMPLE EMAIL, MOBILE APPLICATIONS AND SOCIAL MEDIA PLATTFORMS SUCH AS FACEBOOK AND TWITTER.
7. Governing Laws and Choice of Forum
This Agreement shall be governed by and construed under the laws of the state of Arizona, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Arizona by the Arizona residents. You agree that if you have any dispute with Visual Live 3D you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts in the city of Phoenix, Arizona.
8. Final Provisions
If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision. Nothing contained in these Terms will be construed to create the relationship of employer and employee, principal and agent, or any other fiduciary relationship.
These Terms made be available on multiple languages, however English version will be considered as the authentic and official version.