1. Agreement to Terms of Use
The Simple AR website https://simple-ar.madgaze.com(hereinafter referred to as "website") is one of MAD Gaze's websites. All services on the website are provided to users in accordance with MAD Gaze's Terms of Service. This website is the property of MAD Gaze Limited and its licensors. BY USING THE SITE, IT MEANS THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ACCEPT MAD GAZE ‘S TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE CONTENTS LISTED IN THE MAD GAZE’S TERMS OF SERVICE, OR IF ANY OF THE CONTENT ARE EXCLUDED OR RESTRICTED BY YOUR COUNTRY OR REGION, PLEASE STOP USING THIS WEBSITE.
This Terms of Use (hereinafter referred to as “Terms of Use”) applies to the relevant rights and obligations established for Simple AR (hereinafter referred to as “ software” ) Once you started to use this software, it means that you have already READ, UNDERSTOOD and ACCEPT all contents of these Terms of Use. If you do not agree with any of the contents listed in this Terms of Use, or if any of the contents listed in this Terms Of Use are excluded or restricted by your country or region, please stop using this software. Before registering as a Simple AR User or starting to use Simple AR to provide services to any third-parties, please make sure you have already agreed to all contents of this Terms of Use.
MAD Gaze reserves the right, at its sole discretion, to change, modify, add or delete the content of these Terms of Use, at any time. It is your responsibility to check and review any changes of these Terms of Use regularly. If you continue to install, copy or use the software after any modification or change of these Terms Of Use, It means that you have already READ, UNDERSTOOD and ACCEPT such changes. Upon your agreement and complement with these Terms of USE, MAD Gaze will grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use this website and this software.
2. Account, Password and Security
Certain features and services provided by this software may require a MAD ID and password. You are fully responsible for maintaining your MAD ID and password confidentiality and security. Please protect your own account information and DO NOT disclose such information to others. Please contact MAD Gaze immediately if you suspect that your MAD ID has been compromised. You may also be liable for any damages that may be caused to other MAD Gaze users or visitors due to the use of your account and password by others.
You agreed that you may not use the identity, password or account of other MAD ID users without their consent. If you fail to comply with these Terms of Use, or if your information is illegally used by others due to your own negligence. MAD Gaze cannot and will not be liable for any losses or damage arising from your failure to comply with these obligations.
3. Content
All content of this software collectively refers to trademarks, texts, graphics, pictures, sounds, music, movies, artwork, user interfaces, visual interfaces, computer coding, any type of work (collectively referred to as "content"), is owned, controlled and authorized by or to MAD Gaze, they are also protected by commercial image, copyright law, patent law, trademark law and various intellectual property rights and fair trade laws.
All software and content are protected by Copyright Law in Hong Kong. Without the prior written consent of MAD Gaze, NO parts of the software and content can be duplicated, reproduced, reprinted, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed (including "mirroring") to other computers, servers, websites or other medium for publication or distribution or for any commercial enterprise.
Those who meet the following conditions may use or download limited information of this software or information that belongs to your own account which is stored in the MAD Gaze database (such as account data information, application data information ,etc. Except information that are protected and restricted by MAD GAZE PRIVACY POLICY) (1) Do not remove any proprietary notice sentence listed on the document; (2) Such information can only be used for personal, not commercial, and do not copy or post such information on any networked computer or broadcast it in any media; (3) Do not Make any modification to the information; and (4) Do not make any additional statements or warranties regarding the document.
4. Your Use of the Software
MAD Gaze and its licensors reserve the right to all materials and contents on its software, and prohibit all activities that may lead to violation of the intellectual property rights of MAD Gaze.
You must not use any technology or method (including but not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, programs, algorithm or methodology, or any similar or identical manual process) to access, retrieve, copy or monitor any part of this website or content, or in any case, reproduce or circumvent the browsing structure or the introduction of this website and content, obtain or attempt to obtain any information, documents or information by means of any means not permitted by this website. MAD Gaze reserves the right to prohibit such activities.
You must not attempt to decrypt the software by any illegal means, or enter any part of the software and the system network connected to the MAD Gaze server without authorization. You must not tamper with the content and programs of the software in any way, or to send out any altered,deceptive or false information through our software.
You must not probe, scan or test the software and any vulnerabilities in the MAD Gaze system network, and you must not violate any of the software or network security or authentication measures that’s linked to the software. You must not search, trace, collect or share any information of users of this software, customers of MAD Gaze, visitors of this website, or any MAD Gaze account information and identity that is not owned by you.
You agree not to take any action, impose unreasonable or disproportionate amounts of material on this software or MAD Gaze's system or network, or any network or system linked to MAD Gaze.
You agree not to use any device, software or programs that interfere with or attempt to interfere with the normal operation of this software, or interfere with any users use of the software, including but not limited to sending viruses, spams, phishing emails and overloading the the software and service.
You must not forge your identity or manipulate the identification function, forge any information or content you transmit to this software or any services provided through this software. You must not fake, represent, or imitate other individuals or groups.
You must not use this software or its content for the purpose of matters prohibited or deemed unlawful by these Terms of Use, and you may not solicit any illegal or infringement of the rights of MAD Gaze or others.
5. Purchase and other Terms and Condition
Any purchases and agreements listed in this software for products, services, or specific parts of this software are sub-terms of these Terms of Use. By purchasing or using this software, you are deemed to have agreed to abide by these Terms of Use , including that you have reached the legal age to use the software or any service. If these Terms of Use conflict with the content of the products, services, and specific parts of the software, the content of the latter agreement will control with respect to your use of that part of this website or the specific service.
If MAD Gaze has any obligations regarding its products and services, it will be subject to the contractual content provided by it. The content of this software may not constitute part of the agreements or modify the content of the agreements.
MAD Gaze reserves the right to modify all services, content or prices offered for this software at any time without notice. The information about products and services of this software may be outdated. MAD Gaze does not undertake to update the information on products and services of this software at any time.
6. Privacy
MAD Gaze's Privacy Policy applies to the use of this website and this software. To view MAD Gaze's Privacy Policy, please clickhere. By using this website and software, you acknowledge and agree that Internet transmission is not completely confidential or secure. You understand that any message or information you send to this website and this software may be read or intercepted by others, even if it is notified that a specific transmission (such as credit card information) is encrypted.
7. Links to other Websites, Services and Applications
Links provided by this software, including access to websites, login services, login applications operated by MAD Gaze and its affiliates or any third party websites (hereinafter referred to as “linked websites”) are provided for convenience only. If you browse those websites, login to those services or applications, you must bear your own risk and you are subject to applicable terms and conditions in the relevant websites, services and applications. These Linked Websites are not controlled by MAD Gaze and MAD Gaze is not responsible for any endorsement of their content, including any information or content of these Linked Websites. You should judge independently of the interaction with the Linked Websites.
8. User Rules
You shall be fully responsible for the content you published and the consequences of submitting and publishing content through this software. You confirm, represent and warrant that you own or obtain all necessary licenses, rights, consents and permission to the content you publish; and in accordance with these Terms of Use, in order to publish your content on this software, you give permissions and license all patents, trademarks, trade secrets, copyrights or other proprietary rights to Simple AR.
You will retain the ownership of your content. However, once the content is submitted to the software, you hereby grant MAD Gaze as a worldwide, non-exclusive, license-free, sublicensable and transferable license to use, copy, distribute, create derivative works, display, publish, adapt, provide online versions or electronically transmit and operate content, including but not limited to promoting and redistributing (and derivative works) in any media format and any media channel in whole or in part. You also grant each user of the software a non-exclusive license to access your content through the service, in accordance with these Terms of Use, to use, copy, distribute, display, publish, provide online version or electronic transmission and operate content. The above mentioned license granted by you for the production of the content you submit to the software will be terminated within a commercially reasonable period of time after you remove or delete the production content from the service. For content you have removed or deleted. MAD Gaze may retain copies on the server.
Unless you have obtained permission of the copyright owner of the material; Or you have the right to publish the material and grant all the corresponding licenses to MAD Gaze, the content you submit to this software must not contain any third-party copyrighted material or third-party proprietary material.
MAD Gaze reserves the right to review and supervise your use of this software at any time without notice. If MAD Gaze believes that you may violate the law or breach of these Terms of Use on its own independent judgment, MAD Gaze has the right to take all necessary measures (such as changing or deleting the content you posted or upload, suspending or terminating your use of MAD Gaze Service rights, etc.).
MAD Gaze has no responsibility and obligation in terms of the submitted and published content of users through this software.
9. Advertising Information
Commercial advertisements or other promotional advertisements from advertisers or commodity service providers may be published on this software. This software only serves as a medium for those published content. If you purchase any services or products at those linked sites, you agree that the transaction is between you and the provider of the goods or services. These Linked Websites are not controlled by MAD Gaze and MAD Gaze is not responsible for any endorsement of their content, including any information or content of these Linked Websites. You should judge independently of the interaction with the Linked Websites.
If you add any promotional content, information, advertisements or any similar materials and publish through this software, that information has no direct connection and relationship with MAD Gaze, and MAD Gaze will not take any responsibility and obligations for your published content and information.
10. Disclaimer and Statements
MAD Gaze does not ensure that this software or its content, services, compatibility and connectivity are error-free or uninterrupted, and that all defects will be corrected or that your use of this software will have specific results. All information provided on this software may be changed at any time without notice. MAD Gaze does not promise that the files or other materials you download or use from this software are free from viruses, infections or destructive features. MAD Gaze hereby disclaims all warranties, express or implied, including the accuracy of any content, non-infringement rights and warranties of merchantability and fitness for a particular purpose.
The above statement applies to any failure, error, omission, interruption, deletion, loss, operation or transmission delay, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use, whether breach of contract damages, liability or injuries caused by infringement, negligence or any other acts.
MAD Gaze reserves the right to, at any time, without notice: (1) to modify, suspend or terminate the opening or operation of this software or any part thereof for any reason; (2) to modify or change this software and any part of the applicable policies or content; and (3) to interrupt the operation of this software or part thereof if it is necessary to make regular or non-scheduled maintenance, error modification, or other changes.
11. Limitation of Liability
In no event shall MAD Gaze be liable for any indirect, continuing, exemplary, incidental or punitive liquidated damages, including loss of profits, except as expressly prohibited by law. Even MAD Gaze was told that the damage might have occurred.
In the event that MAD Gaze is liable for any use of this software or its content in accordance with the other provision of these Terms of Use, MAD Gaze's liability, under any circumstance, shall not exceed the greater of the following amounts: US$100.00. In jurisdictions where the limitation of liability is not permitted, the foregoing limitation of liability will not apply.
12. Indemnity
You agree and warrant MAD Gaze and its officers, directors, shareholders, predecessors, and interested bearers, employees, agents, affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against MAD Gaze by any third party due to or arising out of or in connection with your use of this software, are willing to compensate MAD Gaze for any damage suffered.
13. Violation of these Terms of Use
Anyone who has caused damage or interference (intentional or unintentional) to any of the investigations or grievances relating to your use of the computer, or to the rights or property of MAD Gaze, the users of this software (including the customers of MAD Gaze), confirm, link or file a lawsuit; if we believe it is necessary to disclose your information (including your identity), MAD Gaze will have to disclose it. MAD Gaze reserves the right to disclose any information at any time when it is deemed necessary to comply with law, regulation, legal procedure or governmental request. MAD Gaze may also exchange information with other companies or organizations when they believe that the law permits or requires that your information should be disclosed (including for the purpose of preventing fraud).
You acknowledge and agree that MAD Gaze may retain any transmission or communication between you and MAD Gaze, or through this software, or any services provided on or through the software, and MAD Gaze has the right to disclose such information as required by law. MAD Gaze may disclose or retain such information as it deems necessary to: (1) comply with legal procedures, (2) enforce these Terms of Use, and (3) with respect to the right to violate the rights of others (4) protect the rights, property or personal safety of MAD Gaze, its employees, users or visitors of this website and the general public.
You agree that MAD Gaze may terminate your access to the software and/or block your future access to the software if we believe that you are in breach of these Terms of Use or other contract or guidelines relating to the use of this software. You also agree that your breach of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to MAD Gaze, for which monetary damages would be inadequate, and you agree that MAD Gaze may obtain any injunctive or equitable relief that MAD Gaze deems necessary or appropriate in such circumstances. These remedies are additional remedies available to MAD Gaze based on legal or fair principles.
You agree that MAD Gaze may, at its discretion and without prior notice, terminate your access to this software for the following reasons, including (but not limited to) (1) by law enforcement or other government agency requirement; (2) at your request (delete your own account), (3) the suspension of the services provided this software, data modifications, or (4) unforeseen technical issues. MAD Gaze will have the right to request you if MAD Gaze takes legal action against you in violation of these Terms of Use, and you agree to pay all reasonable attorneys' fees and litigation costs, as well as other damages that MAD Gaze may request. You agree that MAD Gaze will terminate your access to this software for breach of these Terms of Use and shall not be liable to you or any third party.
14. Applicable Law and Dispute Settlement
You agree that all matters relating to your access/ or use of this software, including all disputes, will be subjected by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. You agree to use the Hong Kong SAR as the jurisdiction and venue of your personal jurisdiction and waive any objection to the jurisdiction and venue. A claim based on these Terms of Use must be filed within one year of the reason for the request or within one year of the request being banned. In addition to the fees and legal fees that one of the winners can claim, the claimed damages can only be paid in cash. In case of any dispute or disagreement about your use of this software, both parties shall attempt, promptly and resolve it in good faith. If the dispute cannot be settled through negotiation within a reasonable period of time (not more than 30 days). Any party may submit the dispute to mediation. If the mediation fails, the parties shall seek the rights or remedies available to them in respect of the applicable law.
15. Prohibition of Invalid Items
MAD Gaze manages and operates this software in the Hong Kong SAR. Although you can access this website anywhere, it does not imply that all features, content and services are recommended, or suitable for your use outside of Hong Kong. MAD Gaze reserves the right, in its sole discretion, to limit the terms and quantity of the featured products, products and services provided by customers anywhere. If the offer of all featured products, products and services of the software is prohibited by law, the offer is invalid. If you choose to link to this website outside of Hong Kong, this is your independent decision and should comply with applicable local law.
16. Miscellaneous
You agree to comply with all applicable export and re-export management laws and regulations (including but not limited to Hong Kong export regulations), to use, export or re-export any content of this software, or copy or invoke the content of this software, or products or services offered on this software.
If any provision of these Terms of Use is found to be invalid or unenforceable by the court or other competent judicial authority, such provision shall be limited or deleted to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use are still fully effective and enforceable. Between you and MAD Gaze, these Terms of Use constitute all agreements for your use of this software and any and all other written or oral agreements or understandings previously existing between you and Mad Gaze regarding such use are hereby superseded and cancelled. MAD Gaze does not accept any further offers regarding these Terms of Use, and also rejects the offer here. MAD Gaze's failure to adhere to or enforce these Terms of Use does not constitute a waiver of any provision or waiver of its right to enforce these Terms of Use, and the act of MAD Gaze and you or any person is not deemed to be a modification of these Terms of Use. Any of the provisions of these Terms of Use will not be construed or become the basis for any other person's claim or remedy.
MAD Gaze provides access to its international data, so it may contain references or cross references to MAD Gaze products, programs and services that are not published in your country. Such reference does not imply that MAD Gaze in your country wishes to publish such products, programs or services.
17. Feedback and Information
MAD Gaze has the right to use the feedback and information you provided to this software on an unrestricted basis as it shall be deemed to be non-confidential
18. Inquiries
Please contact info@madgaze.com if you have any inquiries about information or legal rights of our trademarks, copyright, software licensing etc.
The information contained in this website and software is subject to change without notice, and changes will take effect immediately once posted. Copyright © 2013-2020 MAD Gaze Limited. All rights reserved. MAD Gaze Limited, Unit C, 17/F, Roxy Industrial Centre, 58-66 Tai Lin Pai Road, Kwai Chung, N.T., Hong Kong. Updated by MAD Gaze on October 7, 2020
