Last modified: October 2nd, 2017
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE SO YOU UNDERSTAND ALL YOUR RIGHTS AND OBLIGATIONS. BY AGREEING, YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IN CASE OF BEING BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE CONSENT AND SUPERVITION OF YOUR PARENTS OR A LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE.
ACCEPTING THESE TERMS OF SERVICE OR USING OUR SERVICES IMPLIES THAT YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SPECEFIED ON IT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE REFRAIN FROM ACCESSING OR USING OUR SERVICES. WE RECOMMEND YOU READ THESE TERMS OF SERVICE CAREFULLY IN THEIR ENTIRETY, AS THEY CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SERVICES PARTIALLY OR, IF ALL CONDITIONS APPLY, IN THEIR ENTIRETY.
The following Terms of Service (“Terms”) represent the conditions in which SimDesign LLC (“SimDesign”, “we”, “us” or “our”) will provide you access to software, websites, content, applications and platform services (collectively, the “Services”). The Terms apply to any purchase, access to and any form of use of any Services. If you’re using the Services on behalf on an entity, you represent and warrant that you’re authorized to accept these Terms on behalf of such entity and that entity agrees to be responsible to us in case of violations of these Terms, whether by you or such entity.
Note: The following agreement was written in English (US). If any potential translated version provided through official channels (that is, through the Services) conflicts with this English version, this English version takes priority. Any translation not hosted or supplied through the Services is considered invalid.
We reserve the right to change or modify the Terms anytime, at our sole discretion. Should any change be made to the terms, we will notify such changes through the channels we see fit such as (but not limited to) emails, application alerts, website notes or popups and/or updating the “Last Updated” date for these terms. Continued use of the Services confirms your acceptance of the revised Terms. If you do not agree to the revised Terms, it is your sole responsibility to stop using our Services.
1. Eligibility
In agreement with hardware providers and other technical sources, we intend the Services to be used solely by users who are 13 or older. Any kind of interaction with the Services by anyone under the age of 13 is discouraged, unlicensed and unauthorized, meaning an explicit violation of these Terms.
You represent and warrant that you (a) will not use IP proxying or any other kind of method to disguise your place of residence, (b) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (c) have not previously had your right to use the Services terminated in any way (including current suspensions).
Certain Services or features may require registration and identification through an account. By Creating an account, you agree and guarantee that you will both provide accurate, current and complete account information and that you will be the sole responsible of that account’s security. Account security covers the privacy of your password, a one-person-per-account approach (don’t share your password with any other person) and acceptance of all the risks of unauthorized access and use of your account. Any suspicious activity or suspected breach related to the Services should be notified to us immediately at experiences@simdesign.com.uy.
2. About the Software
First-Party Software To keep the Services functioning properly, certain equipment and software may require updates. They can be obtained through other Services or third-party services not bound by the Terms. We reserve the right (at our sole discretion) to introduce updates that can possibly totally or partially disable your access or use of Services we believe represent a health or safety risk or violate any of our standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to disable, remove and/or delete to any extent such access or ability to use the Services.
We may need to automatically update some of the software you obtain through the Services with the goal of keeping the Services functional, including (but not limited to) patches, new versions, bug fixes and base software replacement. By using the Services, you agree to this automatic update policy.
3. About the Services
Licensing: With exception of a previously explicit and documented agreement between you and SimDesign, should we enable the access and use of the Services to you, we grant you a limited, nonexclusive, non-sublicensable license to access, install and use the Services or any kind of software, content, virtual items or other materials owned or licensed by us (the “Content”) only for personal and noncommercial purposes and in agreement with these Terms. You will not use, copy, adapt modify, reverse engineer, decompile, deconstruct, disassemble, decrypt, try to derive or obtain the source code through any means, use as base for other projects, sell, rent, license, publicly display (including performances, streaming, broadcasting) or exploit the Content or the Services in any way except as expressly permitted by SimDesign or as permitted under applicable law. Any unauthorized use of the Services or the Content is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights granted expressly to you and no one else.
Third-Party Content: Additional Terms of Service or other relevant policies might apply when using services, applications or any kind of content provided by third parties (“Third-Party Content”) made available through the Services. If these additional agreements conflict with our Terms, our Terms take precedence and govern. SimDesign will not take responsibility or have any liability regarding your access or use of any kind of Third-Party Content or any related or required services, components, software or content. SimDesign will never be considered the licensor, provider, warranty or representative of such Third-Party Content, assuming no obligations with respect to this Third-Party Content. If no additional terms are presented when acquiring Third-Party Content, The following terms apply:
Availability and additional costs: The Services and Content may not be available ins certain territories and jurisdictions. We reserve the right to restrict or prohibit, either partially or totally, the use of the Services and Content in the territories or jurisdictions we see fit. The access in such territories might imply additional costs due to data services or any other third-party charges while using the Services. We will assume you either accept responsibility for such charges or have received permission from the bill payer. Some Services might depend on services provided by third parties and may not function properly or become unusable in case such third parties discontinue their services.
Support: SimDesign will provide support for any request related to the Services and is not obligated to provide support for any Third-Party Content.
User Content: Our Services may include interactive features that allow the upload, publish or transmit of any form of user content. Unless otherwise agreed to, we do not claim any ownership rights in or to your user content. By submitting User Content through the Services, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free and fully sublicensable right to use, copy, display, store, adapt, publicly perform and distribute such User Content in relation with the Services. You also irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content. You are solely responsible for the content you make available through the Services and you represent and warrant that you are the sole and exclusive rights owner (or, in other case, have obtained all the required rights, licenses, permissions consents and releases) of the content you provide and that it will not violate community standards or infringe any law or cause any kind of damage to any third party. SimDesign does not endorse or guarantee the opinions, comments or views that content might involve and you agree to take full responsibility or liability, releasing SimDesign from any responsibility or liability. We reserve the right to prevent any content from being accessed or displayed at our sole discretion, at any time. In the event you are a developer who submits content to SimDesign, you acknowledge and agree that our agreements with you as a developer may supersede this section of the Terms.
4. About purchasing Services and Content
You can only purchase Services through available online stores our content is hosted in (the “Channels”), and only for personal use or, depending on each Channel’s policies, to give as a gift unless otherwise expressly permitted in these Terms. You are forbidden to purchase Services from SimDesign for commercial use or resale.
Pre-Ordering, purchasing, cancelling and charging taxes are responsibilities handled by each Channel. Any enquiries or support related to billing must be derived to the corresponding Channel’s support service.
You may have the ability to purchase digital content through or enhanced functionality or media content within certain Services (collectively, “In-App Purchases”). We have no responsibility for any transactions you enter with a third party for Third Party Content or In-App Purchases and assume no liability for Third Party Content or Third Party In-App Purchases that occur within Third Party Content, except as described in these Terms. We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.
5. Acceptable use
By accessing or using our Services, you agree to not:
6. Privacy Policy
You can check our Privacy Policy in http://www.simdesign.com.uy/privacy.
7. Additional Terms
These Terms do not replace or change any other agreements you might enter with SimDesign. Your purchase of Third-Party Content may be subject to additional terms. Please review any third-party agreement or policy before accessing, acquiring or using Third-Party Content.
8. Intelectual Property and Ownership
Unless otherwise indicated, the Services are the property of SimDesign or our licensors and are protected by copyright, trademark and other laws of Uruguay, the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
SimDesign, SimDesign VR Studio, VRducation, the SimDesign logo and the VRducation logo ("SimDesign Marks") are trademarks or registered trademarks of SimDesign, LLC. The SimDesign Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
9. Indemnification
You agree to defend, indemnify and hold harmless SimDesign and any affiliate, independent contractor and service providers, and each of our respective associates, employees and agents (the “SimDesign Crew”) from and against all third-party claims, damages, costs, liabilities and expenses (included but not limited to attorney’s fees) caused by, arising out of or related to:
10. Hyperlinks
The Services may contain links to third-party websites, applications, software or any kind of third-party services. You understand that by accessing third-party links you might be exposed to offensive, harmful inaccurate or otherwise inappropriate content. You understand and agree we are not responsible or liable for the availability or accuracy of such third-party content and property. We do not endorse or control third-party property and we do not make representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you do so at your own risk, taking full responsibility and aware that such third parties’ terms and policies will govern.
You may create text hyperlinks to our websites and Services for noncommercial purposes. However, you may not use the SimDesign Marks to link to our sites without our express written permission.
11. Disclaimer
You expressly acknowledge and agree that your access to the Services is provided "as is". SimDesign makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SimDesign does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content in and through the Services or otherwise relating to such content or on any services linked to the Services.
12. Limitation of liability
THE SIMDESIGN CREW SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF SIMDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SIMDESIGN CREW ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
13. Governing Law
Any claim relating to the Services and in relation with SimDesign shall be governed by the laws of the State of Montevideo, Uruguay without regard to its conflict of law provisions.
14. Modification and termination of the Services
We reserve the right to change or suspend the services, at our sole discretion, fully or partially, at any time without notice. We will not be liable for the handling of our Services, having the option to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you represent a legal exposure or risk for us.
15. Contact
If you have any questions or concerns regarding these Terms or our Services, please contact us at info@simdesign.com.uy.