UPDATED ON: 20-05-2022
END USER LICENSE AGREEMENT (EULA)
Please read the following general Terms and Conditions (“Terms and Conditions”) of End User License Agreement here in after referred to as EULA carefully as the provisions contained herein shall govern your access and use of our online platform hereinafter referred to as “A23D.co”. This online platform is owned by A2 Virtual Reality having its registered office at SCO 69, 2nd floor, Swastik Vihar, Sector 5, Mansa Devi Complex, Panchkula, Haryana, India. A23D.co is a WEBSITE hereinafter referred to as “WEBSITE”. Our WEBSITE provides an online platform for 3D assets. By downloading or otherwise accessing the WEBSITE you hereby agree to be bound by the following general Terms and Conditions, copyright clauses, disclaimer or any other content mentioned here, without any prejudice and limitations of understanding of legal documents or language problems. You have agreed with EULA and it has become effective from this time. If any part, section or clause of this EULA is not clearly understood, or not agreed upon by you, the EULA cease to exist and you are not entitled as a USER of this WEBSITE, hence you cannot access or use this WEBSITE.
This EULA becomes effective from the date and time any USER accesses the WEBSITE.
This EULA is a wholesome document with various sections and it has to be read, understood and agreed upon as a whole, without prejudice.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your”, USER, USERS, USER(S) etc. shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, you may not accept this agreement and may not use the services.
By accessing or otherwise using the services, you agree to abide by the terms of this EULA, and a legally binding agreement is created between A23D and you.
The WEBSITE is owned and operated by A2 Virtual Reality and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Provider”, “us”, “we” or “our”.
As used in this Agreement, the following capitalized words have the following meanings:
WEBSITE: WEBSITE mentioned in this document denotes the WEBSITE with URL www.a23d.co.
A23D: A23D is a product brand of A2 Virtual Reality.
A2 Virtual Reality: A2 Virtual Reality is a registered firm with its registered office at SCO 69, 2nd floor, Swastik Vihar, Sector 5, Mansa Devi Complex, Panchkula, Haryana, India.
USER(S): USER(S) denote any person accessing the WEBSITE for any purpose defined in the LICENSE allotted. USERS can access and use the CONTENT of the WEBSITE strictly as per their LICENSE. A23D reserves the rights to take legal actions including blocking the USERS, if they breach the conditions of their LICENSE. USER(S) is collective term for UNREGISTERED USERS, REGISTERED USERS and SUBSCRIBERS.
UNREGISTERED USERS: UNREGISTERED USERS are the persons using or browsing the WEBSITE without getting registered with A23D.
UNREGISTERED USERS LICENSE: UNREGISTERED USERS LICENSE provides UNREGISTERED USERS to access and view the CONTENT of the WEBSITE.
REGISTERED USERS LICENSE: REGISTERED USERS LICENSE provides USERS the rights to create their account on the WEBSITE, subscribe to the SUBSCRIPTION PLANS and renew the SUBSCRIPTION PLANS.
SUBSCRIBERS: SUBSCRIBERS are the REGISTERED USERS with active SUBSCRIPTION PLAN.
USERS: You, Your, mentioned in this document denotes USER or USERS, which are collective terms for SUBSCRIBERS, REGISTERED USERS and UNREGISTERED USERS.
USERS’ CONTENT: USERS’ CONTENT denotes all the material including text, images, audio, video or any digital file, submitted by USER(S) to be showcased on the WEBSITE. A23D may choose to showcase, hold, delete or keep the USERS’ CONTENT. Once submitted by USER(S), USERS’ CONTENT becomes the property of A23D and is covered under the copyrights of A23D. A23D reserves the right to use this content for any purpose in any form without taking permission or informing the relevant USER(S).
CONTENT: CONTENT mentioned in this document denotes all the material in any format on the WEBSITE. It denotes visual, readable and hearable material which constitutes visualization, representation, concept, idea, form, presentation and theme of the WEBSITE. It could be the products offered for download, both free and purchasable, display images of these products, write-ups of these products, general write-up, blogs, music, videos or any other material visible on the WEBSITE.
LICENSED CONTENT: LICENSED CONTENT denotes the digital files, zipped or otherwise, allowed to be downloaded by REGISTERED USERS or SUBSCRIBER, using links generated on the WEBSITE. This WEBSITE provides links to LICENSED CONTENT, which REGISTERED USERS and SUBSCRIBERS can download and use for their projects, as per the conditions and limits mentioned in this agreement.
ASSETS: ASSETS is the digital LICENSED CONTENT available at the links provided on the WEBSITE. These ASSETS can be acquired by the USER(S) using CREDITS. All ASSETS have their own CREDIT value mentioned along with them on the WEBSITE.
SUBSCRIPTION PLAN: SUBSCRIPTION PLAN allows SUBSCRIBERS to access and download LICENSED CONTENT of the WEBSITE. SUBSCRIPTION PLAN gives CREDITS to the USER(S) which can be used to download LICENSED CONTENT. USER(S) can buy a SUBSCRIPTION PLAN based on their eligibility for it.
CREDITS: CREDITS are digital measure to quantify the extent of use of a SUBSCRIPTION PLAN. CREDITS are not currency and do not have any value or existence outside the domain of SUBSCRIPTION PLAN, hence nonrefundable. CREDITS are nontransferable. CREDITS end or cease to exist at the time of expiry or termination of SUBSCRIPTION PLAN. USER(S) cannot buy CREDITS without an active SUBSCRIPTION PLAN.
CREDIT BALANCE: CREDIT BALANCE denotes the balance credits in USER(S) account. If the CREDIT BALANCE is exhausted, USER(S) cannot download new ASSETS.
REFILL PACK: REFILL PACK provides additional CREDITS to USERS, if within the time duration of an active SUBSCRIPTION PLAN, the CREDITS expire and USERS intend to download more LICENSED CONTENT from the links provided on the WEBSITE.
ACQUIRED ASSETS: ACQUIRED ASSETS is the database of all LICENSED CONTENT downloaded by a USER from the links provided on the WEBSITE. The WEBSITE preserves this database for all REGISTERED USERS and SUBSCRIBERS. Acquiring an ASSET doesn’t give the USER right of ownership. Acquiring means the USER can use them in their products, projects or services.
RE-DOWNLOAD: REDOWNLOAD denotes downloading the ACQUIRED ASSETS by the SUBSCRIBER. Only SUBSCRIBERS are allowed to redownload ACQUIRED ASSETS within the allowable limits of SUBSCRIPTION PLAN.
RE-DOWNLOAD BALANCE: RE-DOWNLOAD BALANCE is the remaining limit of the SUBSCRIBER to RE-DOWNLOAD ACQUIRED ASSETS.
SEATS: SEATS denote the maximum number of active user sessions at the same time on the WEBSITE.
DISCLAIMER: DISCLAIMER mentioned in this document denotes all the conditions and circumstances under which this WEBSITE denies any responsibility.
COPYRIGHT: COPYRIGHT mentioned in this document denotes the rights of this WEBSITE over the CONTENT.
FEEDBACK: FEEDBACK denotes comments, ideas, suggestions or recommendations made by USER(S) regarding the WEBSITE. FEEDBACK can be provided in the relevant section of the WEBSITE, or mailed directly to A23D. Once submitted by any means mentioned above, the FEEDBACK, along with all its content including text, audio, video, image or a digital file, becomes the property of A23D and is covered by the copyrights of A23D. A23D may use this FEEDBACK for any purpose without informing or taking permission from the USER(S).
3. TERMS AND CONDITIONS
The Terms and Conditions set below applies to:
- UNREGISTERED USER – any person(s) accessing/viewing the WEBSITE
- REGISTERED USER – any person(s) getting duly registered with A23D by creating an account on the WEBSITE and providing personal details required for the registration
- SUBSCRIBER – any person(s) getting duly registered with A23D with active SUBSCRIPTION PLAN
If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact USERS/REGISTERED USERS/SUBSCRIBERS requesting them to confirm their username & password or other details.
We may suspend or stop providing the Services if you do not comply with our Terms and Conditions.
Using our WEBSITE as well as various services provided by us through our WEBSITE does not grant you any Intellectual property rights in WEBSITE and Services except your personal data or information uploaded by you on our WEBSITE.
4. ELIGIBILITY FOR REGISTRATION AND ACCOUNT SAFETY
In consideration of you becoming a USER, you represent and warrant that:
- The person between the age of 13 to 18 years can browse the WEBSITE and its CONTENT and LICENSED CONTENT as an UNREGISTERED USER only. Persons above 18 years, who are legally valid to enter into a legal agreement, can enter into agreement with the WEBSITE as REGISTERED USERS.
- You are not a person barred from accessing or using the WEBSITE under the governing laws of the Terms and Conditions.
- Your access or use of the WEBSITE does not violate any applicable law or regulation.
- You will keep your contact information accurate and up-to-date.
- You shall acknowledge that you shall be liable for your acts through this WEBSITE. We shall not be responsible for any pecuniary damages and penal actions faced by you due to your own defaults.
USERS are bound by the following LICENSE(S) as per their category. The LICENSE(S) become valid and active if you are using any part or any content of WEBSITE, whether published on the WEBSITE or downloaded from the WEBSITE. Various categories of USERS have been defined in the DEFINITIONS section. USERS are bound by the LICENSE agreements under various categories.
5.1 UNREGISTERED USERS LICENSE
UNREGISTERED USERS LICENSE, as defined by DEFINITIONS section, is automatically granted to all the visitors of the WEBSITE and they are bound by Terms and Conditions. If you are browsing the WEBSITE for any purpose, on any platform, this LICENSE is automatically granted to you. UNREGISTERED USERS LICENSE remains valid till USERS keep the WEBSITE open on their browsing platform. As soon they close the WEBSITE on the browser, the UNREGISTERED USERS LICENSE ends.
Under the UNREGISTERED USERS LICENSE
- USERS can register themselves as other categories of USERS, as mentioned in the DEFINITIONS section.
- USERS can share links to the WEBSITE.
A23D reserves the right not to grant any USER, UNREGISTERED USERS LICENSE. In such case, the USER can request the WEBSITE to reconsider the case. A23D reserves the rights not to disclose, elaborate or detail the reasons for not granting the UNREGISTERED USERS LICENSE to any USER, or terminating the UNREGISTERED USERS LICENSE of any USER. If the UNREGISTERED USERS LICENSE is not granted to any USER, the USER would not have the right to access the WEBSITE or its CONTENT.
5.2 REGISTERED USERS LICENSE
UNREGISTERED USERS can create account with the WEBSITE pro providing the necessary information. This entitles them to be upgraded to the REGISTERED USERS and they acquire REGISTERED USERS LICENSE.
Under this LICENSE
- REGISTERED USERS can download only that CONTENT on the WEBSITE, which is available as FREE TO USE or FREE TO DOWNLOAD.
- REGISTERED USERS can purchase SUBSCRIPTION PLANS to access the LICENSED CONTENT using the links provided on the WEBSITE.
REGISTERED USERS LICENSE is not shareable, transferrable or refundable. USER is not entitled for any refund or any other monetary consideration by the WEBSITE.
5.3 SUBSCRIBERS LICENSE
REGISTERED USERS can purchase a SUBSCRIPTION PLAN to upgrade to SUBSCRIBERS. This allows them to access and download LICENSED CONTENT linked to the WEBSITE. This LICENSE remains valid till the validity of SUBSCRIPTION PLAN.
SUBSCRIBERS LICENSE terminates in the following conditions.
- Expiry of the SUBSCRIPTION PLAN due to reaching the time duration limit of plan.
- Suspension or cancellation of SUBSCRIPTION PLAN either by USER(S) or nonpayment of the renewal amount.
- Suspension or cancellation of the LICENSE due to any violation of this EULA by the USERS.
- Any legal binding or obligation for the WEBSITE.
- USER(S) can surrender the SUBSCRIBERS LICENSE by requesting the WEBSITE to do so.
In any case, SUBSCRIBERS LICENSE is not shareable, transferrable or refundable. USER(S) are not entitled for any refund or any other monetary consideration by the WEBSITE.
5.4 EDITORIAL LICENSE
EDITORIAL LICENSE is granted to use and publish any content available on the WEBSITE for the following purposes while strictly taking care not to harm the dignity of the WEBSITE in any manner. EDITORIAL LICENSE can be sought via a written request by the USER.
- Evaluation purpose
- Discussion in internet forums
- Discussion in social media groups
- Voluntary promotion of the WEBSITE or its content
- Listing the WEBSITE and its content in search results
- Comparing WEBSITE and its content on comparison websites and blogs
- Publishing WEBSITE content as printed media in newspapers, magazines and catalogs
- Sharing content and screenshots over social media
In any circumstances, the EDITORIAL CONTENT should not defame the WEBSITE whether directly or in context or juxtaposition with such specific subject matter.
5.5 EDUCATIONAL LICENSE
EDUCATIONAL LICENSE is granted for use of WEBSITE content for the following purposes
- Creating tutorials for educational and teaching purposes on non-commercial basis.
- Creating printed media for educational and teaching purposes on non-commercial basis.
- Teaching and education using WEBSITE as representation and visualization.
EDUCATIONAL LICENSE can be sought via a written request by the USER.
6. LICENSE RESTRICTIONS
The following restrictions apply to all above mentioned licenses.
- All the Licenses mentioned above in EULA are non-shareable, non-transferrable and non-refundable.
- The LICENSED CONTENT is solely for use in your products, projects or services.
- You have no right to Create or Sell LICENSED CONTENT on Stand-Alone Basis.
- LICENSED CONTENT cannot be sold, leased, licensed or otherwise provided to third parties on a “stand-alone” basis, i.e., your products, projects or services must reasonably add value beyond the value of the LICENSED CONTENT.
- You cannot bundle, incorporate, or distribute LICENSED CONTENT in or with any digital content creation software (including, without limitation, tools for the creation of user generated content) that is monetized or used to generate revenue, directly or indirectly, by you or any third party.
- You do not get the ownership rights of ACQUIRED ASSETS. It always remains the sole property of A23D.
- Plugins available on the WEBSITE are sole property of A23D and are available to the USER(S) for their convenience to use our ASSETS. They can not be modified, sold, leased, licensed or otherwise provided to third parties on a “stand-alone” basis by the USER(S).
7. PROTECTING OTHER USER’S RIGHTS AND OTHER REASONABLE RESTRICTIONS
- You will not post any content or take any action on our WEBSITE that infringes the rights of the other users or violates any laws.
- We reserve the right to remove any content or information if we believe that it violates these terms and conditions or the laws, we also reserve the right to hold you legally accountable for any violations.
- You cannot use any copyright content, logo and trademark which is deceptively similar to the already existing trademarks without our prior written consent. In case of default, we would disable your account and take legal action against you.
- You shall not upload, post, email, transmit or otherwise make available through or in connection with the WEBSITE any User Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- comprises unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- contains software viruses, trojan horse, worm, time bomb or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. FORCE MAJEURE
Parties to the terms shall not be held responsible for a failure to perform or for improper performance caused by a Force Majeure event.
9. EXCLUSION OF LIABILITY
You expressly understand and agree that the Provider, its subsidiaries or affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
- the accessing of, or the inability to access, the WEBSITE, the use of, or the inability to use of the WEBSITE, all implied warranties, Terms and Conditions relating the WEBSITE;
- unauthorized access to or alteration of any of your transmissions or data, including any User Content; and
- any warranty, terms or conditions as to accuracy, completeness, quality of the WEBSITE.
10. PAYMENT, RETURNS AND REFUNDS POLICY
Once you have ordered and paid for the Services, you have started consuming the Services, and you cannot disclaim the ordered Services, CREDITS or demand refund. You agree to fully pay any and all Fees for the Services purchased through your account with any form of payment method accepted by us. You are responsible for providing us with valid payment information to secure payments. We reserve the right to cancel any Services ordered if any funds are insufficient, the payment information you provide is not valid etc. Payments may be processed in cooperation with third party payment service providers.
When you make a payment, you authorize us and our partners to charge you via your given forms of payment methods, for the amount in accordance with the payment terms. A23D and its partners reserve the right to change the amount of SUBSCRIPTION PLAN, the CREDIT costs, the payment terms, or any availability of the Services at any time without notice; provided, however, such changes will not affect the Amount paid or CREDITS used and payment terms for any products and services already purchased and paid for in full. You are responsible for reviewing the EULA or the Services for any changes in the Amount, CREDITS cost, or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate and close your account. You are responsible for paying all applicable taxes (including those taxes and tariffs A23D or its partners are not required to collect).
When you buy a SUBSCRIPTION PLAN, you authorize A23D and its partners to charge you automatically at each renewal order payment via your given payment methods. In case the payment fails, your SUBSCRIPTION PLAN will be marked as ON HOLD for seven days, after which it will stand CANCELLED.
11. TERMS DETAILING SUBSCRIPTION PLANS AND CREDITS
USERS can access and use the CONTENT of the WEBSITE strictly as per their LICENSE. A23D reserves the rights to take legal actions including blocking the USERS, if they breach the conditions of their LICENSE. USER(S) is collective term for UNREGISTERED USERS, REGISTERED USERS and SUBSCRIBERS.
REGISTERED USERS can subscribe to the SUBSCRIPTION PLAN upon making a payment mentioned against each SUBSCRIPTION PLAN. You can buy a SUBSCRIPTION PLAN based on your eligibility for it. Each SUBSCRIPTION PLAN has its own price, expiry, billing cycle, CREDITS, RE-DOWNLOAD limit, REFILL PACK limit, SEATS etc. mentioned along with it on the Pricing Page. The specification and features of a SUBSCRIPTION PLAN can change anytime by the WEBSITE with or without any prior notice and this change shall be applicable to the SUBSCRIBER from the next billing cycle.
After purchasing a SUBSCRIPTION PLAN, they become SUBSCRIBERS. SUBSCRIPTION PLAN allows SUBSCRIBERS to access and download LICENSED CONTENT of the WEBSITE. SUBSCRIPTION PLAN gives CREDITS to the USER(S) which can be used to download LICENSED CONTENT. This amount is liable to changes on account of base price and applicable taxes, whether paid directly or indirectly with the principal amount. LICENSED CONTENT can be acquired by the USER(S) using CREDITS. All LICENSED CONTENT has its own CREDIT value mentioned along with it on the WEBSITE.
A SUBSCRIPTION PLAN is termed as active till its expiry, completed payment for billing cycle, not cancelled by the USER, has not been suspended by the WEBSITE or not deactivated by the WEBSITE for any reason. The plan remains active even if the CREDITS provided by the SUBSCRIPTION PLAN exhaust before the expiry of the SUBSCRIPTION PLAN. The WEBSITE will create renewal orders for SUBSCRIPTION PLAN automatically at the end of the billing cycle until expiry. The WEBSITE and its partners will charge the USER(S) from their given payment method automatically, if supported by the payment method. If automatic payments are not supported, the USER has to make the payment manually. If the payment is not made on the due date, the SUBSCRIPTION PLAN goes ON HOLD and the USER will not be able to download the LICENSED CONTENT. The USER gets a window of seven days to complete the payment. If the pending payment is not made within this period, the SUBSCRIPTION PLAN will stand cancelled and the CREDIT balance will become zero.
CREDITS are not currency and do not have any value or existence outside the domain of SUBSCRIPTION PLAN, hence nonrefundable. CREDITS are nontransferable. CREDITS end or cease to exist at the time of expiry or termination of SUBSCRIPTION PLAN. USER(S) cannot buy CREDITS without an active SUBSCRIPTION PLAN. The unused CREDITS roll over to the next billing cycle. SUBSCRIBERS can purchase REFILL PACK which provides additional CREDITS to their account, if within the time duration of an active SUBSCRIPTION PLAN, the CREDITS exhaust and SUBSCRIBERS intend to download more LICENSED CONTENT from the links provided on the WEBSITE.
The WEBSITE preserves the database of ACQUIRED ASSETS for all REGISTERED USERS and SUBSCRIBERS. SUBSCRIBERS can re-download the ACQUIRED ASSETS as per the RE-DOWNLOAD LIMIT allotted in the SUBSCRIPTION PLAN, till they are active SUBSCRIBERS. The WEBSITE would maintain this database for a period of maximum one year from the date of acquiring the asset.
SUBSCRIBERS can RE-DOWNLOAD acquired assets within the allowable limits of SUBSCRIPTION PLAN. If the RE-DOWNLOAD BALANCE is exhausted, the RE-DOWNLOAD of ACQUIRED ASSETS would be considered as new download and deducted from the CREDIT BALANCE. The RE-DOWNLOAD BALANCE does not roll over to the next billing cycle.
12. FREE TRIAL
You hereby acknowledge that assets available for free trial can be downloaded for testing purposes only and would not be commercially used in any sense. There could be penal consequences in case of any default in this regard.
13. FREE ASSETS
These ASSETS are available to REGISTERED USER only. These ASSETS can be removed by the WEBSITE anytime with or without prior notice. These ASSETS are non-shareable and can be used solely by USER(S) in their products, projects or services. USER(S) have no right to Create or Sell FREE ASSETS on Stand-Alone Basis. FREE ASSETS cannot be sold, leased, licensed or otherwise provided to third parties on a “stand-alone” basis. You cannot bundle, incorporate, or distribute FREE ASSETS in or with any digital content creation software (including, without limitation, tools for the creation of user generated content) that is monetized or used to generate revenue, directly or indirectly, by you or any third party.
14. WARRANTIES AND DISCLAIMERS
We are using a commercially reasonable level of skill and care to maintain the security of the data provided to us by the USER(S) and we hope that our USER(S) would enjoy the use of our WEBSITE. Though, we maintain highest standards of accuracy in order to maintain our credibility, but we hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.
A23D does not take any liability or warranty for quality, completeness, accuracy, efficiency, accuracy, compatibility, non-infringement, plagiarism or indigenous nature of the LICENSED CONTENT on the WEBSITE. USERS may choose to contact A23D for any clarification of the LICENSED CONTENT before choosing to buy a SUBSCRIPTION PLAN. A23D reserves the right not to provide such clarification or reply to such requests. If USERS still choose to register with the WEBSITE and purchase a SUBSCRIPTION PLAN, they agree to download the LICENSED CONTENT based on the visual and descriptive representation provided on the WEBSITE, without any prejudice.
The WEBSITE provides links to the LICENSED CONTENT. USERS can download it by subscribing to the SUBSCRIPTION PLAN and becoming REGISTERED USERS. A23D, through its WEBSITE www.a23d.co, provides platform to download the LICENSED CONTENT.
Visualization, categorization and description of the LICENSED CONTENT on the WEBSITE, provides only a close representation of the LICENSED CONTENT. The visualization and description may vary or differ from the actual LICENSED CONTENT. The Preview images of the LICENSED CONTENT are generated under particular lighting and rendering conditions. They may give different results at your end.
A23D shall have no obligation to correct errors, provide updates, or otherwise support the LICENSED CONTENT.
A23D reserves the right to add, modify, update, delete or remove all or any part of the LICENSED CONTENT.
Under no circumstances including negligence (unless otherwise required by applicable law), shall A23D be liable for any direct, indirect, special, incidental, punitive, or consequential damages that result from your use of the WEBSITE, LICENSED CONTENT or related documentation or in connection with or arising out of or relating to this EULA (including loss of business, revenue, profits, use, data, or other economic advantage). If agreed by A23D, the exclusive remedy hereunder shall be limited to the amount actually paid by USER for the LICENSED CONTENT. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. A23D shall have no liability to you in the event that you have failed to comply with the terms of this agreement.
You agree to fully indemnify, defend and hold the Provider, and its subsidiaries or affiliates harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:
- access and use of the WEBSITE or any WEBSITE Contents thereof;
- violation of the Terms and Conditions;
- violation of any rights of another.
16. OFFSITE LINKS
In order to offer increased value to our Users, the Provider may provide, or third parties may provide, links to other WEBSITEs or resources, which you may access at your sole discretion. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
You understand and acknowledge that the Provider has no control over such sites and resources. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising which may or may not be provided by or through these sites. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.
If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the WEBSITE or Services offered through or in connection with the WEBSITE.
The copyright of all material contained on, in or available through WEBSITE is owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the WEBSITE. The USER is under obligation to abide by the copyrights notices and would be liable for any violation and A23D.co hereby disclaims any liability in this regard.
A23D owns all rights, titles, copyrights, and other intellectual property rights and interests, including, but not limited to all trademarks, service marks, and trade names etc. for the following
- Name, logo and style of A23D
- WEBSITE and its contents as mentioned below
- Presentation and style of the WEBSITE
- Concept and idea of the WEBSITE
- Theme of the WEBSITE
- Plugins available on this WEBSITE
- All the textual material published anywhere on the WEBSITE
- All the images published anywhere on the WEBSITE
- All the videos published anywhere on the WEBSITE
- All the audio content published anywhere on the WEBSITE
- All the downloadable material in the form of intellectual digital content, stored at various server locations around the world, linked to the WEBSITE, available as downloadable files, zipped or otherwise, in various file formats
- All the material in any form, including images, videos, text or audio, submitted by USERS, accepted by A23D and published on the website (A23D does not allow USERS to sell their products on the WEBSITE. USERS can send their material to A23D for showcasing, which A23D may choose to publish or reject)
- Thoughts and ideas shared by A23D on the blog of the WEBSITE
- All FEEDBACK provided by USERS for the WEBSITE and its content
20. MODIFICATIONS TO THE WEBSITE, CONTENT AND TERMS AND CONDITIONS
The Provider reserves the right, at its discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the WEBSITE or any part thereof, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the WEBSITE or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.
It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the WEBSITE.
You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the WEBSITE, and/or amendments to the Terms and Conditions. Your continued use of the WEBSITE after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.
Amendments to the Terms and Conditions may be posted by A23D.co at any time for all users to access and will be binding on the date of publication. A23D reserves the right, at its discretion, to update or revise the EULA at any time. A23D will post such changes in the relevant section of this Website. Please check the EULA document on this WEBSITE periodically for changes. Your continued use of the WEBSITE constitutes binding acceptance of the EULA, including any changes or modifications made by A23D as permitted above.
22. WAIVER AND SEVERABILITY OF TERMS
The failure of the Provider to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
23. VIOLATIONS AND INFRINGEMENTS
Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing the Provider at [email protected]
24. JURISDICTION AND GOVERNING LAW
The Terms and Conditions will be legally binding. You agree that this Agreement will be deemed to have been made and executed at Panchkula, Haryana, India and any dispute arising from the construction, meaning and interpretation of these terms and conditions will be resolved in accordance with the laws of India, excluding that body of law related to choice of laws, and of India. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the courts of law of Panchkula, Haryana, India. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
25. ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the WEBSITE, superseding any prior agreements between you and the Provider.
You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.