These terms and conditions(“Terms and Conditions”)belong to Designhubz, a company incorporated in Abu Dhabi Global Markets, the United Arab Emirates and having its registered address , United Arab Emirates(“us”,“we”, “our” and/or“Designhubz”).
Your use of this website shall be governed by these Terms and Conditions. It shall be your responsibility to periodically review these Terms and Conditions to familiarize yourself with them. By continuing to access our website, you are agreeing to these Terms and Conditions in full. These Terms and Conditions may run parallel to another agreement you may have Designhubz. Where terms and conditions conflict between such agreements, the terms and conditions of the agreement shall prevail. You may not use, and shall immediately discontinue your uaccess to our website,if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to these Terms and Conditions in full.
1.1 License to Use. Subject to the rest of the content of these Terms and Conditions, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and accessour website,but reserve our right to revoke any or all of such authorizations at any time.
1.2 Lawful Purposes. You agree to useand access our website for lawful purposes only.
1.3 Certain Restrictions. The rights granted to you under these Terms and Conditions are subject to the following restrictions:
1.2.2 You may not and shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our website or the products you learn about here from;
1.2.3 You may not and shall not access our websitein order to build a similar or competitive service;
1.3.4 Except as expressly stated herein, no part ofour Servicesor website, may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to linked, framed, hyperlinked or deep-linked intoany otherwebsite, without our express written consent;
1.3.5. All copyright and other proprietary notices in relation to our Services and websitemust be retained on all copies thereof and the source clearly displayed; and
1.3.5 Unless otherwise indicated, any future release, update, or other addition to functionality of our Services and this website shall be subject to these Terms and Conditions.
1.4 Modifications.You should review these Terms and Conditions on a routine and periodic basis as we reserveour right, at any time and without prior notice to you, to amend or modify these Terms and Conditions, suspend or discontinue our Services and your access to our website, whether in whole or in part at any time.
1.5 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with your use of our website.
1.6 Term. These Terms and Conditions shall remain valid and apply at all times during your use of our Services and our website.Without limiting the generality of the foregoing, these Terms and Conditions (as many be amended from time to time) shall apply and shall continue to apply each and every time you open an account with us, avail a Service and/or otherwise access ourwebsite for any other reason and at any time.
2. SERVICE DESCRIPTION.
2.1 Designhubzprovides a unique service, optimizing 3D images to provide you such images in AR format to be incorporated onto your website using a patented server (the “Services”).
2.2 Please contact us for more information and/or to avail our Services at the email provided for such enquiries on our website.
3. EXCLUSIONS OF LIABILITY.
3.1 We make no representations, guarantees or warranties that our Services or this website will be available at all or any times.
3.2 You agree to indemnify and hold us (our affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) arising out of (a) your use of ourwebsite, (b) your violation of these Terms and Conditions or any other terms or guidelines referred to herein, or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. INTELLECTUAL PROPERTY.
As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”)in ourwebsiteand its content are owned and shall be owned by us. Neither these Terms and Conditions (nor your access to or use of our website or the Services) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property. For the avoidance of any doubt, there are no implied licenses granted under these Terms and Conditions or by your use of our website.
5. THIRD-PARTY LINKS & ADS; OTHER USERS.
5.1 Ourwebsite may contain links to third-party websites and services and/or display advertisements for third parties (collectively “Third-Party Links & Ads”). We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads found on ourwebsite and hereby expressly disclaim any and all liability in relation thereto. Access to Third-Party Links & Ads have been provided for your convenience only. Your use of any Third-Party Links & Ads shall be at your own risk. When accessing any Third-Party Links & Ads, additional terms and conditions are likely to apply, including but not limited to, the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with or any access to any Third-Party Links & Ads.
5.2 Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not at any time during your use of our website:
5.2.1 upload or transmits viruses or other harmful, disruptive or destructive files; or
5.2.2 disrupt, interfere with, or otherwise harm or violate the security of ourwebsite, system resources, accounts, passwords, servers or networks connected to or accessible through our Website.
5.3 You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assigns (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of ourwebsite (including any and all interactions with, or act or omission of, other Website users and/or Third-Party Links & Ads).
6.1 Ourwebsite and all of the information hereon, is provided on a strictly “as is” basis. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that our website or the Services will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis, or will be accurate, reliable, free of viruses or without other harmful code, complete, legal or safe at all or any times. If applicable law requires any warranties with respect to our website and the Services to be given, all such warranties are limited in nature and duration to the minimum requirementsimposed on us by law.
6.2 We shall use our reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance and/or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, we do not warrant that the Services will be uninterrupted, timely, secure or error free; nor does we make any warranty as to the resultsthat may be obtained from use of our Services. THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN NATURE AND DURATION TO THE MINIMUM REQUIREMENTS IMPOSED BY LAW.
7. LIMITATION ON LIABILITY.
7.1 To the maximum extent permitted by applicable laws, in no event will weaccept anyliability to you or any third party for any loss of profits,loss of data, costs of procurement of substitute goods, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to these Terms and Conditionsand/or your use, or inability to use,ourWebsite and/or the Services.Access to, and your use of our websiteor the Services, shall be strictly at your own risk. By accessing our websiteandthe Services, you accept sole responsibility for any damage to your person, your belongings, and/orthe device you are accessing ourWebsitefrom and/or any loss resulting therefrom.
7.2 To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to these Terms and Conditions, your use of ourwebsite (for any cause whatsoever and in any form of action), shall be limited to fifty USD ($50.00) or the value of the Service availed, whichever is higher. The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms and Conditions.
7.3 We will not be liable to you for any breach of these Terms and Conditions caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary orlocal authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
7.4 These Terms and Conditions shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
8. TERM AND TERMINATION.
Subject to this clause, these Terms and Conditions will remain in full force and effect for the entire time that you use website or receive the Services. We may suspend or terminate your rights to use ourwebsite or the Servicesat any time for any reason at our sole discretion.Upon termination of your rights under these Terms and Conditions, any account you may have with us and any right to access ourwebsiteshall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms and Conditions. Even after your rights under these Terms and Conditionshave been terminated, the following provisions of these Terms and Conditions will remain in effect and shall be fully enforceable against you under law: clauses 1, 3, 4, 6, 7, 8, and 9.
9. GOVERNING LAW AND DISPUTE RESOLUTION.
9.1 These Terms and Conditions shall be governed and construed in accordance with the laws of England for the time being in force.
9.2 All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and Conditionsshall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to and finally settled by the Abu Dhabi Global Markets’courts.
10.1 Survival of Agreement.These Termsand Conditions will survive the termination of your account withus and/or use of our websitefor a period of five (5) years from the date you last visited our website.
10.2 Electronic Communications.All communications between us and you will be in electronic form. For contractual purposes, you (i) consent to receive communications from us in an electronic form and (ii) you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
10.4 Copyright/Trademark Information. Copyright © 2020Designbubz. All rights reserved. Alltrademarks, logos and service marks (“Marks”) displayed onour Website and in relation thereto are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.5 Contact. Should you wish to contact us, please feel free to do so at the following email address firstname.lastname@example.org.