EACH TIME YOU INSTALL OR USE THE APPS AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS (the "Terms"). If you do not agree, do not install or use the Apps or Services.
1. About the Service. SeeMoreAR, its subsidiaries, affiliates and successors ("we," "our," or "us") provide the Service to you.
- The Service is a mobile platform that provides users with the ability to create, explore, search and share augmented reality and vision based experience through the Services.
- The Service is intended for a general audience and not minors under 13.
- We may change, update, or discontinue all or any aspect of the Service without notice or any obligation to you.
- The Service provides you with information and features based on your location. You have control over the settings on whether or not you wish to take advantage of our location-based services. By installing or signing up for the Service, you consent to these features.
- The Service includes local and push notification features to let us and our affiliates provide you with updates and information of interest to you, such as an upcoming appointment or event. Local notifications are scheduled by our applications on your device, push notifications are sent by us to your device. You can control how your device will handle such notifications. We may store such notices on your device’s calendar and other applications. By installing or signing up for the Services, you consent to these features.
2. About these Terms.
- These Terms serve as a contract in electronic form between you and us, which has the same force and effect as an agreement in writing.
- In these Terms, we use the terms “you” and ”your” to mean the person using the Service or the party registered as a user of the Service.
- We may change these Terms from time-to-time. The changes take effect after we post or provide notice of the changes. If you do not agree to the changes, you must discontinue your use of the Service. Otherwise, your continuing use of the Service signifies your agreement to the changes.
3. Registration.You will need to register with us if you elect to use certain features of the Service. If you are using the Service and have not yet registered as a member, your use of the Service remains subject to these Terms.
- We may reject any request for registration for any reason.
- You must have legal capacity (including minimum age requirements) to enter into agreements.
- You must provide us with true and accurate information about yourself and you agree to keep the information up-to-date.
- You agree you will never divulge, share, or give access to your account information and password to any other person for any reason.
- You must provide accurate, current and complete information about yourself when you set up your account.
- We may terminate your access to the Service if you provide us with false or incomplete information.
4. General Rules. You agree that when you access and use the Service:
- You will comply with all terms, rules and regulations of the social media sites that you connect with the Service;
- You give us permission to collect, store and use your social media account credentials in order to provision your use of the Service;
- You will not engage in any misleading conduct;
- You will comply with all laws and regulations;
- You will not violate the rights of others, including, the copyrights, trademarks, patents or privacy of another;
- You will not attempt to gain unauthorized access to the Service;
- You will not open multiple accounts;
- You will not impersonate anyone else;
- You will not harass or interfere with other users’ access to the Service;
- You will not submit materials that are obscene, abusive or contain hate speech;
- You will not transmit viruses or other malicious code;
- You will not use the Service to facilitate the sending of spam or other unsolicited communications;
- You will not frame, reproduce, duplicate, copy, sell or exploit for any commercial or other purposes all or any portion of the Service;
- You will not directly or indirectly interfere with the servers or networks connected to the Service;
- You will share or post content only if you have the rights to do so;
- You will not data mine or scrape our computer systems or data bases for purposes of copying our databases, our list of users or other information;
- You understand that you accept all consequences if you post any content or information about yourself on public areas of the Service, which may be viewable by the online public in general; and
- You will not disclose publicly information about others that is confidential or private.
We may take any legal or technical remedy if you violate these Terms.
5. Your content. If you upload, post or share content and comments, you grant us a universal, non-exclusive, perpetual license to display, use, adapt, modify, syndicate, create derivative works, promote and distribute your content on the Service and through other channels. You represent and warrant that:
- Your user content complies with these Terms and all laws;
- Your user content complies with the legal rights of others, including without limitation, any intellectual property or privacy rights;
- Your user content is original to you or that you have the express right to post such content; and
- You have all necessary permissions and releases to post the likeness of others on your user content.
6. Monitoring. We have no duty to you or others to monitor the Service for violations of these Terms; however, we reserve the right to do so. We may refuse to publish, and may remove any content from the Service at any time and for any reason.
7. License grant. Subject to these Terms, we give you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access and use the Service solely for your own use and subject to these Terms.
- You may download any applications that we provide you solely for your own devices.
- You may not remove, decompile, disassemble or reverse engineer any website or application software or use any network monitoring or discovery software to determine the Service’s architecture.
- The Service is a “commercial item” as the term is defined in 48 C.F.R. § 2.101.
8. Your responsibilities. Subject to these Terms, we give you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access and use the Service solely for your own use and subject to these Terms.
- You are responsible for all activities on your account, including, if you permit others to use the Service through your account, or if others can access your account through any of your devices that are lost or stolen.
- You must comply with all applicable export laws regarding use of our software applications.
- In order to minimize any risk to you, you agree to contact your carrier immediately if your device containing our Service application is lost or stolen.
9. Proprietary rights. Copyright and other intellectual property laws and treaties protect the content and applications offered by or through the Service. We, our partners, third parties and other users provide such materials. You may not copy, modify, adapt, or create derivative works from the Service, including without limitation, any content by us, our vendors or our users. You may only share such content as permitted by the Service using our applications. You may not frame, rebrand, redistribute or resell, or sublicense the Service. You shall not remove proprietary notices. You shall not help anyone else to do any of the things prohibited in this paragraph.
10. Fees. You agree to pay for all purchases that you make on the Service. Such fees are not refundable.
11. Third Party Content and Services. The Service may contain links to applications, websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. Any third party provider is responsible for its own content. We make no warranties or representations whatsoever about the quality, usefulness, accuracy or lawfulness of any other website, third party content or service that you may access through the Services. We have not duty to you to review such content.
12. Advertising.The Service may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that such advertising materials are accurate and comply with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in any third party advertising and sponsorship material.
13. Disclaimers. While we will use reasonable efforts to provide the Service, you understand and agree that we offer the Service “AS IS,” “AS AVAILABLE,” and with all faults. LOCATION DATA MAY NOT BE ACCURATE OR UP TO DATE.
- YOU USE THE SERVICE AND ANY APPLICATION AT YOUR OWN RISK. Our contributors and we make no express warranties or guarantees about the Service and its content.
- TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE, ITS APPLICATIONS AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF THE SERVICE.
- WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
14. No Hazardous Activity.The Service and its applications are not fault tested and shall not be used with any hazardous activity. You assume all responsibility to pay close attention to the environment in which you are using the Service, especially if you are accessing the Service through mobile devices, to ensure that you do not harm yourself or others. Do not use the Service in a way that distracts you from obeying traffic or safety laws. You understand and accept that the use of the Service is at your own risk, and you are solely responsible for any damages or injury you cause while using the Service.
15. Termination.We may cease the provision of the Service or any features or functions of the Services, or terminate your membership at any time in our sole discretion for any reason whatsoever. You may terminate your membership at any time by written notice to us at the address posted in the Notices section below. Upon termination:
- You must stop using the Service and its applications; and
- We have no duty to save or recover on your behalf any data, information or other materials you uploaded on the Service.
16. Mobile Use. If you access the Service through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from the Service that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
17. International Use. We operate in the United States. Our Service and applications are not designed or customized to use in any other country. You must comply with all local laws and regulations where you access and use the Service. You may not use the Service where prohibited by law. We do not promise that if you purchase a Service in one country, that you will be able to access the augmented reality features of that product from countries outside the original country of purchase. You are responsible for checking that the augmented reality features will be available on supported devices in the country where you live, before purchasing a Service.
18. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, DISTRIBUTORS, CUSTOMERS OR WE HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES. IN NO EVENT WILL OUR LIABLITY TO YOU EXCEED THE AMOUNT THAT YOU PURCHASED FOR AN APPLICATION.
19. Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your:
- Use or misuse of the Service;
- Violation of these Terms or the law;
- Infringement of anyone’s intellectual property, publicity or privacy right; or
- Acts or omissions by you or anyone using your membership account.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- You agree that Ohio law shall govern these Terms.
- You agree that any dispute arises under and must be resolved before a court of competent jurisdiction in Franklin County, Ohio.
- YOU CONSENT TO JURISDICTION IN OHIO FOR ANY CLAIM.
21. General Terms.
- You and we are independent contractors of each other; this Agreement does not create a partnership, agency or joint venture relationship.
- These Terms constitute the entire agreement regarding your use of the Service.
- You may not assign your account or obligations to anyone else.
- If any provision under these Terms is deemed unenforceable, the remaining terms stay in effect. You agree to transact with us electronically.
- We may send you notices about the Service electronically, such as, by email. You may save or print these terms if you wish to retain a copy. You will need Internet access with a standard browser and a printer connected to your device to print a copy of these Terms.
- All notices to us related to these Terms shall be in writing. Notices will be effective if dispatched by facsimile; or electronic mail; by hand; reliable overnight delivery service or first-class, pre-paid mail if sent to Us at the following address:
3000 E. Main St.
Columbus, OH 43209
Attn. Customer Service
23. Procedure for Making Claims of Copyright Infringement. We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
3000 E. Main St.
Columbus, OH 43209
Attn. Customer Service
24. Trademarks. The SeeMoreAR™ logo and all other trademarks, graphics and logos used in connection with the Services are unregistered or registered trademarks or service marks of SeeMoreAR Inc. and/or its licensors.
SUPPLEMENTAL TERMS FOR APPLE iPhone and APPLE iPod TOUCH
These terms supplement apply for users who use applications for the Service (“Applications”) on iPhones and iPad products provided by Apple, Inc. (“Apple”).
- Provided that you comply with these Terms, we grant you a personal, limited, non-exclusive and non-transferable license to use our Applications on a single, authorized computing device for personal and internal business purposes and subject to the Usage Rules set forth in Apple’s App Store Terms of Service. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications.
- You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
- Apple shall not be responsible for any claims by your or any third relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringe the intellectual property rights of the third party.
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that you are located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof. If you can any questions or comments regarding these terms and conditions, you may write to:
3000 E. Main St.
Columbus, OH 43209
Attn. Customer Service
Last Updated: 14 January 2014