Last update: 23 November 2019
Effective Date: 16th December 2019
1. YOUR USE OF THE WEBSITE
By accessing or using the Website, you expressly agree as follows:
1.2 You are legally competent, as per applicable laws, to enter into the present agreement and access the Website and are not suffering from any legal or contractual disability.
1.3 In particular, you specifically warrant that you are of sound mind and of the minimum age required under applicable laws of India to enter into a legally enforceable agreement yourself.
1.4 If you are accessing or using the Website on behalf of a company and/or any other entity, then
1.4.1“you” and “your” includes you and such company and/or other entity.
1.4.2 you represent and warrant that you are an authorized representative of the company and/or any other entity with the authority to bind the company and entity to these Terms and that you agree to these Terms on their behalf;
1.4.3 the company and/or entity is legally and financially responsible for your access and use of the Website.
1.5 You accept the Terms by accessing or using the Website. You understand and agree that we will treat your access or use as acceptance of the Terms from that point onwards.
2.CHANGES TO THE TERMS
We retain the right to amend the Terms from time to time, for instance when we update the functionality of the Website or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Website, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
3.INTELLECTUAL PROPERTY RIGHTS
3.1. All rights including all intellectual property rights in the Website including its code, software, script, layout, trademark, trade-dress, structuring is protected by relevant provisions of the laws relating to copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with SDM.
3.2. All content, whether audio and/or audio visual in the form of videos, images, literary works created by SDM and made available on the Website and all intellectual property related thereto are owned by SDM. Use of SDM’s Content for any purpose not expressly permitted by these Terms is strictly prohibited. The use of such content shall be as per the License and Restrictions stated herein below. SDM reserves all rights not expressly granted in and to their content.
4.YOUR USE OF SDM’S CONTENT
4.1. License: Subject to strict compliance of the Terms stated here, we grant you a non-exclusive, non-transferable, restricted, revocable and limited right to store and download SDM’s Content created or uploaded by SDM on the Website, only for the personal/private use by you or any other user of the Website. Such use shall also be for non-commercial purposes and always subject to the terms of this Agreement. It is made clear that You are not being granted any license to use the augmented reality software application commercialized by SDM under the trademark MirrAR and no rights, title or interest are created in your favour with respect to the said software application.
4.2 Restrictions: Your access to and use of the Website and the SDM’s Content is subject to these Terms and all applicable laws and regulations. You shall not:4.2.1. make unauthorised copies, reproduce, distribute, upload, exploit, communicate, translate, modify, adapt, edit or make derivate works, broadcast, disseminate SDM’s Content in any manner. You further agree not to make use of SDM’s Content in a manner that would infringe the copyright therein;4.2.2. interfere with or attempt to interfere with the proper working of the Website, disrupt the website or any networks connected thereto or bypass any measures we may use to prevent or restrict access to the Website;4.2.3. incorporate the Website or any portion thereof including SDM’s Content into any other program or product and/or in any other media or format;4.2.4. impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from SDM.4.2.5. commercialize or monetize SDM’s Content in any manner whatsoever.4.2.6. use the Website in a manner or for a purpose that is unlawful;4.2.7. misuse the Website in any manner, including by introducing any harmful elements such as viruses or trojans or by attacking the Website in any manner including through denial-of-service or distributed denial-of-service attacks;4.2.8. use the Website in any manner so as to overburden or harm the servers, computers, networks or databases which are relevant to the provision of the Website and do not attempt to gain unauthorised access to the Website;
5.THIRD PARTY SITES AND INFORMATION
5.1. Wherever the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
5.2. You agree that SDM is not responsible or liable for any loss or damage caused as a result of your use of any third party service linked on the Websitea. While SDM endeavours to provide accurate and updated information /data/ materials on the Website, you acknowledge and agree that SDM shall not be liable for any omission, error or inaccuracy in the information and materials provided through the Website or for any failure by SDM to update the information and materials provided through the Information Service; Any request for any further information or materials about SDM or its products and/or services may be made through the request form available at the Website or by contacting SDM at email@example.com.
We may, in our sole discretion, terminate this Agreement, restrict, suspend or terminate your use of the Website immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us.
You expressly agree that use of and access to the Website is at your sole risk. Website is provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the Website or any content offered through the Website or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of any kind relating to title, non-infringement of third party rights etc. We make no representation or warranty that any material, SDM’s Content, software or services displayed on or offered through the Website are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that the Website will meet your requirements and/or your access to and use of Website will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.
8. LIMITATION OF LIABILITY
8.1. To the maximum extent permitted by applicable law, we, our affiliates, licensors, investors, promoters, agents, officers, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of the Website including any8.1.1. errors, mistakes, or inaccuracies on the Website or in SDM’s Content;8.1.2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Website;8.1.3. interruption or cessation of transmission to or from the Website;8.1.4. bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party.
8.2. You hereby disclaim, waive and forego any and all liability, both civil and criminal, whether contractual or statutory, arising in the past, existing at present or potentially arising in future, out of or in relation to, any use of any SDM’s Content published by us pursuant to and in the manner agreed here in above.
You agree to defend and indemnify SDM and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise form or relate to your use or misuse of the Website or SDM’s Content, your breach of these Terms or your conduct/actions.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
11.CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in New Delhi, India with respect to all disputes arising out of or relating to your use of the Website. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).