Effective date January 14 09, 2021
1. the Apple iPhone store website (the “Apple Site”) located at http://www.apple.com/iphone/appstore or;
2. the Google Play store website (the “Google Site “) located at https://play.google.com/store.
Both you and we acknowledge that this Agreement is between us and you and that Apple, Inc. and its subsidiaries (collectively, “Apple”) and Google, Inc. and its subsidiaries (collectively, “Google”) are not parties to this Agreement.
The procedures for modifying or changing this Agreement in the future are discussed in Section 6.
GLOBAL TERMS AND CONDITIONS
This Agreement is conditional upon your agreement also to:
1. The Apple Site Terms of Service http://www.apple.com/legal/internet-services/itunes/us/terms.html with Apple (the “Apple Terms of Service”); and
2. The Google Site Terms of Service https://play.google.com/intl/en_us/about/play-terms.html with Google (the “Google Terms of Service”).
Upon valid acceptance of this Agreement, you agree and understand that you are bound by the Apple Terms of Service and Google Terms of Service.
1. YOUR USE OF THE AR 51 APP
This AR 51 App permits you to use the AR 51 software application for mobile devices (“AR 51 App”) and the AR 51 information technology augmented reality and image capturing and viewing platform (“AR 51 Services”) that AR 51 may make available from time to time from your mobile device (collectively, “Device”).
Once you download the AR 51 App onto your Device and accept this Agreement, you may use the AR 51 App to use the AR 51 Services.
2. LICENSE GRANT
We grant you a limited, terminable, non – sub-licensable, non-transferable, non-exclusive license to install and use the AR 51 App on any Device that you own or control solely:
1. For your personal use in connection with using the AR 51 Services; and
2. As permitted by the Apple Terms of Service or Google Terms of Service (as applicable).
This Agreement will also govern any software upgrades provided by AR 51 that replace and/or supplement the original AR 51 App, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Neither Apple nor Google has any obligation to provide you with any updates, maintenance or support services for the AR 51 App.
3. LICENSE RESTRICTIONS AND USAGE RULES
3.1 LICENSE RESTRICTIONS
You may not use the AR 51 App on any Device that you do not own or control, and you may not distribute or make the AR 51 App available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sublicense the AR 51 App.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 3.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the AR 51 App, any updates or any part thereof (except to the extent any foregoing restriction is permitted by applicable law).
You represent and warrant that you will use the AR 51 App and the AR 51 Services in accordance with all applicable contracts, laws, rules, and regulations.
3.2 USAGE RULES
You acknowledge that the AR 51 App contains security technology that limits your usage of the AR 51 App to the following applicable usage rules.
Whether or not the AR 51 App is limited by security technology, you agree to use the AR 51 App in compliance with the applicable usage rules:
1. Your use of the AR 51 App is conditioned upon your prior acceptance of the terms of this Agreement;
2. You will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
3. The delivery of the AR 51 App does not transfer to you any promotional use rights in the AR 51 App;
4. You shall be able to manually sync the AR 51 App from at least one authorized device to devices that have manual sync mode, provided that the AR 51 App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes;
5. You acknowledge and agree that you are solely and entirely responsible for the digital content you use, including but not limited to text, images, graphics, videos, 3D models, web links etc.;
6. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the AR 51 App any of the following:
a) User Generated Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b) User Generated Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. By posting any User Generated Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
c) User Generated Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
d) Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
e) User Generated Content that, in the sole judgment of AR 51, is objectionable or which restricts or inhibits any other person from using or enjoying the AR 51 App, or which may expose AR 51 or its users to any harm or liability of any type.
7. Should your content places a significant burden on our platform or negatively impacts the work of our website, we reserve the right to restrict or temporarily disable access to your digital content; and
8. To improve the efficiency and performance of our platform, we reserve the right to remove any user generated content that has been inactive. For the purposes of this article, inactive means the user generated content that had no activity during two calendar months.
4. TERMINATION AND SURVIVAL
1. If you breach this Agreement, including but not limited to violating the Usage Rules in Section 3.2 (6) above, we may immediately terminate this Agreement, but all provisions of this Agreement except Section 2 (“License Grant”) will survive termination and continue in effect.
2. We may terminate this Agreement without cause, for any reason by giving you at least one calendar months’ notice[SK1][RF2].
3. Upon termination, either for cause as provided in Section 4 (1) or without cause as provided in Section 4 (2), you must destroy all copies of the AR 51 App.
5. LICENSE TO AR 51 OF USER GENERATED CONTENT
By using the AR 51 App to view digital content from our servers, you are also submitting digital content viewed by you on your Device to our servers.You agree to grant, and thereby grant, to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use content viewed by you using your Device (“User Generated Content”) to make the AR 51 Service available to you and for our general business purposes.
You hereby acknowledge and agree that the use of the AR 51 App and the AR 51 Service is sufficient consideration for the grant of this license to us.
You represent, warrant and undertake that the User Generated Content does not and will not infringe the rights (including the Intellectual Property Rights) of any third party and shall comply with all applicable laws.
You shall indemnify AR 51 and shall keep AR 51 indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the Intellectual Property Rights) of any third party.
6. PROPRIETARY RIGHTS
We reserve all intellectual property rights in the AR 51 App and the AR 51 Services, except for the rights expressly granted in this Agreement.You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the AR 51 App.
This Agreement does not grant you any right to use the trademarks, service marks or logos of AR 51 or its licensors.
7. MODIFICATION OF THIS AGREEMENT
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the AR 51 website located at www.ar-51.com. If you do not wish to accept the new agreement, you may terminate this Agreement by deleting the AR 51 App.
We will have no obligation with respect to any claim under Section 8.1 unless:
- You promptly notify us about the claim;
- You allow us to have sole control of the defense and settlement of such claim; and
- You provide us with reasonable assistance in connection with our defense and settlement of such claim.
8.3 OUR OPTIONS
If the AR 51 App infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:
- Obtain from the third party the right to continue to use the AR 51 App consistent with the rights granted hereunder; or
- Modify the AR 51 App to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
- Modification of the AR 51 App by anyone other than us; or
- The combination of the AR 51 App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone.
9. DISCLAIMER OF WARRANTY
The AR 51 App has been developed with, and the AR 51 Services, are provided with, reasonable care and skill. AR 51 does not make any other promises or warranties about the AR 51 App and in particular does not warrant that:
1. The AR 51 App will provide uninterrupted or error-free use and the AR 51 Services will be uninterrupted or error-free; and
2. The AR 51 App and AR 51 Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. You shall be responsible for backing up your own system.
In no case shall AR 51 be liable for any loss or damage caused by the AR 51 App where:
1.There is no breach of a legal duty of care owed to you by AR 51;
2. It is not a reasonably foreseeable result of any such breach;
3. Any increase in loss or damage results from breach by you of any term of this Agreement;
4. It results from a decision by AR 51, to suspend or terminate your access to the AR 51 App or the AR 51 Service, or to take any other action during the investigation of a suspected breach or as a result of a breach, of this Agreement;
5. It relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the AR 51 App or the AR 51 Service; or
6. the loss or damage is indirect.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THIS WEBSITE, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE
11. SUSPENSION OF THE AR 51 APP AND AR 51 SERVICES
We can, at any time, suspend your use of the AR 51 App and/or AR 51 Services. We will do this if we think it is reasonably necessary because:
1. We have concerns about the security of the AR 51 App or AR 51 Services;
2. We are obliged to do so in order to comply with the order of a court, regulatory authority or other government body; or
3. We reasonably believe that you are using the AR 51 App or AR 51 Services in a manner that is inconsistent with or breaches any of our, Apple or Google’s usage rules.
4. We believe that the content created/posted/saved by you on AR 51 App or AR 51 website violates the Usage Rules.
We will usually give you advance notice of any suspension and tell you why.
However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.
12. INJUNCTIVE RELIEF
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
13. CHOICE OF LAW AND JURISDICTION
The Apps are subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. User agrees not to ship, transfer or export the Apps into any country, or make available or use the Apps in any manner, prohibited by applicable laws. In addition, the User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and us regarding the use of this AR 51 App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
15. SECTION TITLES
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement by providing you with notice of such assignment. If you do not wish our rights under this Agreement to be assigned to a third party, you may terminate this Agreement by providing us with written notice of the same.
19. PRODUCT QUESTIONS, COMMENTS, CLAIMS, AND CONTACT INFORMATION
We, and not Apple or Google, are responsible for addressing any questions, comments, or claims relating to the AR 51 App and/or your use of the AR 51 App, including but not limited to:
1. product liability claims;
2. personal data claims;
3. any claim that the AR 51 App fails to conform to any applicable legal or regulatory requirement; and
4. Claims arising under consumer protection or similar legislation.
If you have any comments or questions, please contact AR 51 at https://www.ar-51.com/contact
If you believe that any material within the AR 51 App infringes upon your copyright, pursuant to the Digital Millennium Copyright Act, please send your written notice of infringement to:
21 Natan Yellin Mor
Tel Aviv, 6701527
You may also contact us for any claims at: https://www.ar-51.com/contact