Surround Vision: USER TERMS AND CONDITIONS
Last updated: 08 November 2016
Any person or entity (“User“) using or accessing the site at www.SurroundVision.co.uk (“Site”) or the app known as “Surround Vision” (on iOS, Android or any other platform) (“App”) or any information contained within the site or the app agrees to be bound by the following terms and conditions of this user agreement (“Agreement“).
1. Contracting parties.
When you use the Site and/or the App you are contracting with Surround Vision Limited, a company registered in England whose registered office is at Regina House, 124 Finchley Road, London NW3 5JS. Surround Vision Limited is referred to in these terms and conditions as “we“, “us“, “our” or “SurroundVision”.
If you are issued with a username and/or password, you agree: to keep your username and password secure and confidential and to not allow anyone else to use your email address, username and/or password to access the Site and/or the App; to not do anything which would assist anyone who is not a User to gain access to any secured area of the Site and/or the App, and; to not create additional User accounts for the purpose of abusing the functionality of the Site and/or the App, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to SurroundVision and to others for all activity that occurs under and User account allocated to you.
3. Your Personal Data.
The Site and the App are each intended only for the purposes specified therein, and your use of the Site, the App and/or all content contained within either, including without limitation photographs, video material, artistic designs, software and applications, printed media and “Virtual Tours” in HTML5/Flash formats (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. SurroundVision, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, the App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site, the App or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or the App or under UK or local law. The Site, the App and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense.
5. Objectionable Material.
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site and/or the App, please immediately report such material (and the specific page on which it is found) to info@SurroundVision.co.uk. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
6. Use of the Services.
The Site and the App each provide only the services detailed therein. From time to time other services may be made available via third party links or other functionalities but we provide no warranties regarding the Services or any such additional services and we reserve the right to withdraw any elements or functionalities at any time without liability.
You agree that the liability of SurroundVision to you hereunder shall be limited to the greater of: (a) the amount you have actually paid to SurroundVision for its products or services; and (b) one hundred pounds (£100). Except as set out herein, SurroundVision shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the App and/or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of SurroundVision.
You agree to indemnify SurroundVision for any loss or damage that may be incurred by SurroundVision, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site and/or the App. You further undertake to indemnify SurroundVision for all loss or damage incurred by SurroundVision in relation to any third party claim against SurroundVision for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the App.
9. Termination of this Agreement.
SurroundVision may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
10. Trade Marks.
The brands, products and service names used or appearing within the Site and/or the App (including without limitation, “Surround Vision”) are the trademarks or trade names of SurroundVision or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines except as expressly approved in writing by us.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere“) with the Site and/or the App in any manner. If you in any way Interfere with the Site or the App, you agree to pay all damages incurred by SurroundVision. We will cooperate with the authorities in prosecuting any User who Interferes with the Site and/or the App or otherwise attempts to defraud SurroundVision or any other parties through your use of the Site, the App or services provided via either. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site and the App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
11. No Partnership.
Your use of the Site, the App and/or the Content creates no partnership, client, fiduciary or other professional relationship.
12. Entire Agreement.
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
13. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
15. No Waiver.
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
16. No Assignment.
You may not assign or sub-contract any of your rights or obligations under this Agreement to any third party unless agreed upon in writing by SurroundVision.
This Agreement may be varied from time to time by our posting new terms on the Site and/or the App, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site and/or the App. Your continued use of the Site and/or the App constitutes agreement with and acceptance of any such amendment or other changes.
18. Law and Jurisdiction.
This Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
19. Contacting Us.
You may contact us via info@SurroundVision.co.uk.