("Terms and Conditions") are used by AUGMENTED REALITY LAB S.L., ("ARLAB").
Your use of ARLAB's applications, services, products, software and websites (the "Services"), including but not limited to the Services which consist of (i) the use of the ARLAB websites (the "ARLAB Websites") and (ii) the use of ARLAB's apps distributed by the iPhone Store, the Android Market, the Windows Marketplace, OVI Store and Blackberry Market(the "ARLAB apps") and the access to content and functionalities provided by ARLAB ("ARLAB Content"), or by third parties ("Third Party Content") (ARLAB Content and Third Party Content together are referred to as the "Content") through the ARLAB apps (these Services mentioned under (ii) are referred to as the "ARLAB Service"), is subject to a legal agreement (the "Agreement") between you and ARLAB.
Should these Terms and Conditions and a Legal Notice be contradictory with regard to (the terms and conditions applying to) a Service, then the Legal Notice shall precede with respect to that Service.
You are only allowed to use the Services after having accepted the Agreement. You can either accept the Agreement by indicating such when the option is provided to you by ARLAB in the user interface for any Service (e.g. by clicking to accept) or by actually accessing or using any part of the Services. With regard to the latter you agree that ARLAB will treat your access to or use of a Service as the acceptance of the Agreement and the applicability of the Agreement to that Service.
It is important that you read the Agreement carefully before accessing or using the Services. You should read the Agreement with your parent or guardian if you are between the age of 13 and 18. Please print or save these Terms and Conditions before continuing. You are only allowed to use the Services if you are 13 years or older. You will need permission from your parent or guardian to use the Services if you are between the age of 13 and 18.
ARLAB SERVICE AND CONTENT
Third Party Content and Publishers
When providing you access to Third Party Content, ARLAB acts on behalf and for the account of the Publisher who has developed such Third Party Content. The name and contact details of the Publisher will explicitly be stated in the Third Party Content and/or in an information panel when accessing the Third Party Content.
The use of Third Party Content may be subject to terms and conditions from the Publisher or other third parties. You agree that such terms and conditions do not affect the Agreement between you and ARLAB in ARLAB's disadvantage and will have no influence on the applicability of the Agreement.
By accepting the Agreement you understand and accept that ARLAB has no influence on the information contained in the Third Party Content and is therefore not responsible for the Third Party Content. The Third Party Content falls under the full and sole responsibility of the Publisher.
Furthermore, by accepting the Agreement you understand and accept that the Third Party Content or parts of the Third Party Content may be protected by intellectual property rights of the Publisher or parties related to the Publisher (e.g. the party instructing the Publisher). You may therefore not alter, sell or distribute the Third Party Content in any way, unless you are allowed to do so by the Publisher.
The Third Party Content may contain information that is offensive, indecent or otherwise objectionable, as well as technical inaccuracies, typographical mistakes and other errors. The Third Party Content may also contain material that violates the privacy and/or intellectual property rights of third parties. By accepting the Agreement you understand and accept that you are exposed to Third Party Content that can be insulting, indecent or harmful and that you are using the Third Party Content on your own risk. By operating the ARLAB Service, ARLAB does not represent or imply that it supports the Third Party Content, nor that it believes the Third Party Content to be accurate, useful or non-harmful.
ARLAB does not, will not and cannot review the Third Party Content. However, ARLAB reserves the right to screen, filter, adapt, refuse or delete (parts of) the Third Party Content whenever it deems necessary.
All Third Party Content obtained through the ARLAB Service by you is obtained at your own discretion and risk. You will not undertake any action that may disturb or interrupt the ARLAB Service or (access to) the Third Party Content in any way.
Notice and take down
Should you come across Third Party Third Party Content which is violating any provision of these Terms and Conditions, a Legal Notice and/or any applicable law, regulation or case law, then you are advised to follow the Notice-and-take-down Procedure. The Notice-and-take-down Procedure can be found at: www.arlab.com.
ARLAB itself might come across Third Party Content which violates any provision of these Terms and Conditions, a Legal Notice, the terms and conditions applying between ARLAB and Publishers and/or any applicable law, regulation or case law. You agree that ARLAB in such case or in case the Notice-and-take-down Procedure used by you or third parties is reason for ARLAB to take corrective measures, is entitled to block the access to the relevant Third Party Content.
Important safety information
ARLAB points out that it is important for you to realise that the use of the ARLAB Service, especially in combination with a mobile device, is an interactive form of use. You should always be aware of and pay cautious attention to the context and environment you are using the ARLAB Service in. Do not harm yourself or others when using the ARLAB Service. You understand and accept that the use of the ARLAB Service is at your own risk.
PROVISION OF THE SERVICES
("Updates") can include but are not limited to bug fixes, patches, modified functionalities and new versions. You allow ARLAB to install Updates automatically.
Furthermore, you agree that ARLAB may permanently or temporarily stop providing the Services or parts thereof to you or in general, at ARLAB's sole discretion, in a way ARLAB deems appropriate and without prior notice to you. You understand and accept that should the occasion arise you may be prevented from accessing the Services, including but not limited to the access to content you created, submitted, posted or displayed on or through the Services (the "User Generated Content").
("Supporting Companies") in providing the Services to you. These Supporting Companies will then be providing those Services to you on behalf of ARLAB.
Under no circumstances will ARLAB be obliged to provide you with corrections of the Services should defects in the Services arise.
You agree that ARLAB may provide you with notices (e.g. by e-mail, regular mail, SMS, MMS, social media messages, postings on the Services).
USE OF THE SERVICES
You agree to use the Services in a responsible manner, which includes but is not limited to you refraining from: jeopardising yourself or any third party in any way by using the Services;
creating, submitting, posting or displaying User Generated Content which is offensive, indecent or otherwise objectionable to others than you and/or violates the privacy and/or intellectual property rights of third parties; andengaging in any activity that, directly or indirectly, interferes with or disrupts the Services.
Furthermore, you will only use the Services for purposes that are permitted by the Agreement and any applicable law, regulation or case law.
You agree not to modify, copy, or create derivative works based on the Services. You will refrain from selling, trading, reselling, leasing, renting, loaning and distributing the Services for any purposes.
You are responsible for taking all necessary precautions to protect yourself and your (mobile) devices and computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
You agree that you are solely responsible for the User Generated Content created, submitted, posted and displayed by you and the possible consequences thereof.
CONTENT POSTED ON OTHER WEBSITES
The Services, specifically the Content, may contain links to other websites, content or sources. ARLAB does not have any control over these links, websites, content or sources and is not responsible for any information contained therein.
By accepting these Terms and Conditions you understand and accept that ARLAB is not responsible for the use and/or availability of these links, websites, content or sources.
Furthermore, you understand and accept that ARLAB does not represent or imply that it supports the information contained therein.
ARLAB disclaims any responsibility for any harm resulting from the use of the information contained in the aforementioned links, websites, content or sources.
As part of the registration process or as part of the continued use of the Services you may be required to provide information about yourself. You agree that all information you provide in that respect will always be accurate, correct and up-to-date.
Passwords and security
You understand and accept that you are solely responsible for maintaining the confidentiality and security of your User Account, including but not limited to the confidentiality of your passwords.
Furthermore, you agree that you are entirely responsible for all activities that occur on or through your User Account.
You understand and accept that you are only authorised to access User Accounts created by you and only to the extent that and as long as ARLAB allows you to do so.
You agree that, should you become aware of any unauthorised use of your User Account or your passwords, you will immediately notify ARLAB at: email@example.com.
LIABILITY AND WARRANTIES
Irrespective of the rest of the Agreement, you will at all time maintain the mandatory legal rights which may not lawfully be excluded or limited by applicable law. Only the exclusions and limitations which are lawful will apply to you. ARLAB's liability will be limited to the maximum extent permitted by law.
Exclusion of warranties
"as is" and "as available"
ARLAB, its Supporting Companies and its suppliers and licensors hereby expressly disclaim all warranties of any kind, express or implied, including but without limitation:
warranties of merchantability, fitness for a particular purpose and non-infringement;
warranties that the Services are error free or that access to the Services is continuous or uninterrupted; a warranty that your use of the Services lives up to your expectations or will meet your requirements; a warranty that your use of the Services occurs without interruptions, delay, errors and/or safety risks; and a warranty that the Content or any other information obtained by you through the Services is correct and reliable.
The abovementioned disclaim of warranty also applies to (later) information obtained by you from ARLAB or through a Service, even if it is obtained in the form of an advice from ARLAB. No such information will create a warranty.
Limitation of liability
Your use of the Services is at your own discretion and risk. You are solely responsible for any damage that your use of the Services may cause to you, your property or third parties.
You expressly agree that ARLAB, its Supporting Companies, its suppliers nor its licensors are liable to you for any form of damages or loss which may be in incurred by you. This includes but is not limited to direct, indirect and consequential damages and loss of business and data. Furthermore, this includes but is not limited to damages or loss as a result of: your use of the Services; access to and/or the usage of Content; Updates; the interruption, suspension, or discontinuation by ARLAB of a Service; your failure to provide ARLAB with accurate information regarding your User Account; your failure to keep information regarding your User Account, including but not limited to passwords, confidential; and the loss or corruption of data obtained, used, added or created through the Services, including but not limited to User Generated Content.
WARRANTIES OF YOU
You represent and warrant that:
Your use of the Services is and will be in strict accordance with the Agreement or Licenses and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city or other governmental area regarding online conduct and acceptable content and the transmission of technical data); and your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless ARLAB, its Supporting Companies and its suppliers and licensors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of a violation of the Agreement.
COSTS, FEES AND PAYMENT
You understand and accept that you are solely responsible for all costs involved with using the Services, including but not limited to the costs involved with the use of (mobile) devices, the use of mobile Internet and roaming, and taxes connected to your use of the Services.
("Paid Content"). By selecting Paid Content you agree to pay ARLAB the fee indicated for that Content. The use of Paid Content is only possible after having created an User Account.
ARLAB reserves the right to change the applicable fees for Paid Content at any time. The effect of such changes is however limited to future use of Paid Content only.
All purchases of Paid Content are final. You do not have the right to withdraw from a purchase once the process of granting access to the Paid Content has started. You understand and accept that due to the nature of the Paid Content purchases thereof are not subject to termination by you.
You agree that due to the final character of all purchases of Paid Content and the nature of the Paid Content, ARLAB will have no obligation to provide a refund of any amounts previously paid to ARLAB.
Furthermore you agree that the obligation in the above paragraph does not even exist in case ARLAB exercises its right to block access to certain Content or its right to terminate or deny access to and use of a Service, with the effect of Paid Content no longer being accessible by you. Nevertheless, ARLAB will make a reasonable effort to recover the purchase price on your behalf, should the measures taken have a cause which is related to the Publisher of Paid Content. As applicable, any amounts due from a Publisher to ARLAB will first be deducted from the recovered amounts, after which ARLAB will divide the then remaining amounts pro rata to all affected users of the Paid Content. You understand and accept that ARLAB's attempt to recover the purchase price is not an obligation for ARLAB towards you.
All payments for Paid Services will be carried out by third party payment providers. You understand and accept that ARLAB is not responsible for these third party payment providers and their use, operation and/or availability of the means to effectuate the payments.
You acknowledge and agree that ARLAB or ARLAB's licensors own all right, title and interest, including but not limited to intellectual property rights, in and to the Services. This specifically includes the fact that the Publishers own all right, title and interest, including but not limited to intellectual property rights, in and to the Content.
The ARLAB logo and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of ARLAB or its licensors.
The Agreement does not transfer any intellectual property rights from ARLAB or its licensors to you or third parties. All intellectual property rights with regard to the Services will remain solely with ARLAB or its licensors.
ARLAB acknowledges and agrees that you retain all rights you already hold in User Generated Content you submit, post or display on or through the Services.
You may not use the Services in any other way than the use which is explicitly permitted in these Terms and Conditions or a Specifically License. You agree to observe the restrictions with regard to your use of the Service which have been set out in these Terms and Conditions.
License regarding Services
ARLAB gives you a personal, worldwide, non-assignable, royalty-free and non-exclusive license to use the software which is provided to you by ARLAB as part of the Services.
This license is restricted to the user functionalities of the Services. You are not entitled to use the Services in another way as intended by ARLAB or its licensors and as appears from the Agreement or Specifically License and the information specifically provided by ARLAB or its licensors for that Service. In general (i) you may not modify, copy, or create derivative works based on the Services, (ii) you may not reverse engineer, decompile or otherwise (attempt to) extract the source code of the software which ARLAB or its licensors provide you as part of the Services.
License regarding Content
ARLAB gives you a personal, worldwide, non-assignable, royalty-free and non-exclusive license to use the Content which the Services enable you to access.
This license is restricted to the user functionalities of the Content. You are not entitled to use the Content in another way as intended by ARLAB or the Publishers and as appears from the Agreement or Specifically License and the information specifically provided by ARLAB or the Publisher of that Content. In general (i) you may not modify, copy, or create derivative works based on the Content, (ii) you may not reverse engineer, decompile or otherwise (attempt to) extract the source code of the Content.
License regarding User Generated Content
You give ARLAB a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, display and distribute any User Generated Content which you create, submit, post or display on or through the Services.
This license is restricted to the goal of enabling ARLAB to perform, display, distribute and promote its Services, including but not limited to providing you with access to the Content.
Your license to ARLAB includes a right for ARLAB to make the User Generated Content available to the Publishers, the Supporting Companies, ARLAB's suppliers and licensors and to other companies, organisations and individuals whom ARLAB cooperates with in providing the Services or developing and providing other services, and to sublicense those parties for that matter.
You represent and warrant to ARLAB that you have all necessary rights, power and authority to grant the abovementioned license.
As ARLAB requests others to respect its intellectual property rights, it respects the intellectual property rights of other parties as well. If you believe that material located on or linked to via the Services violates a copyright, you are encouraged to follow the Notice-and-take-down Procedure. The Notice-and-take-down Procedure can be found at: www.arlab.com .
If a party, you included, infringes the intellectual property rights of ARLAB or other parties, ARLAB may, in its discretion, terminate or deny access to and use of the Services.
ARLAB reserves the right, at its sole discretion, to modify or replace any part of the Agreement or Specifically Licenses at any time. The new Terms and Conditions and/or Legal Notices will be made available through: http://www.arlab.com/terms
It is your responsibility to check the Terms and Conditions and Legal Notices periodically for changes. The continued use of or access to the Services following the posting of any changes to the Agreement constitutes your acceptance of those changes.
ARLAB may offer new Services and/or Updates of existing Services. Such new Services and Updates shall be subject to these Terms and Conditions or Specifially Licenses and the Legal Notices which ARLAB declares applicable through these Terms and Conditions or otherwise. In this respect ARLAB specifically refers to article 1.5.
You are entitled to terminate the Agreement with ARLAB by (i) notifying ARLAB at any time at firstname.lastname@example.org or (ii) by closing your User Account, should this option be available.
ARLAB is entitled to terminate the Agreement or any License provide to you, partly of entirely, if:
- You breach any provision of the Agreement; ARLAB is obliged to do so by law;
- ARLAB decides to discontinue Services regardless of the reason thereof.
You understand and accept that upon termination of the Agreement you will have to stop using the Services immediately.
The right to terminate the Agreement, either by you or ARLAB, can be exercised at any time.
Termination of the Agreement has immediate effect.
All provisions of the Agreement that are intended to survive the termination, by nature or because such has expressly been provided for in the Agreement, shall survive such termination. These provisions include, but are not limited to, provisions regarding intellectual property, warranty disclaimers, indemnity and limitations of liability and applicable law.
The Agreement and the use of the Services are governed by the laws of the Spain. Any disputes relating thereto will be held before the competent court in Madrid Capital, Spain.
The Agreement constitutes the entire agreement between ARLAB and you.
If any provision of the Agreement is held invalid or unenforceable, that provision will be construed to reflect the parties' original intent. Despite the invalidity or unenforceability of such provision, all other provisions of the Agreement will remain in full force and effect.
You agree that if ARLAB does not exercise or enforce any legal right or remedy under the Agreement, this will not constitute a formal waiver of ARLAB's rights and that those rights or remedies will still be available to ARLAB.
ARLAB may at any time and without giving notice to you assign its rights under the Agreement.
You are only allowed to deviate from these Terms and Conditions and any Legal Notice when such is permitted by ARLAB in a separate agreement with you.