IMPORTANT: This End-User License Agreement (EULA or Agreement) is a legal agreement between you as the end-user and Second World Enterprises, Inc. ("Second World Enterprises").
By accepting these terms or otherwise using any of Second World Enterprises's applications, services, software or websites provided or made available by or on behalf of Second World Enterprises, including but not limited to access to content and functionalities provided or made available by or on behalf of Second World Enterprises or any third party ("Content"), the use of such applications, services, software and websites or any augmented reality application or browser (together the "Service"), you are agreeing to be bound by the terms of this Agreement and you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this Agreement, and that you have the authority to do so.
If you do not agree to be legally bound by the terms of this Agreement (including those documents referenced herein), no agreement will exist between you and Second World Enterprises. In this case you must not use the Service.
Unless otherwise agreed in writing, the legal relationship between Second World Enterprises and you is set forth solely by this Agreement and this Agreement constitute the entire agreement between Second World Enterprises and you, superceding any prior agreements between Second World Enterprises and you (including, but not limited to, any prior versions of this Agreement). However, you also may be subject to additional terms and conditions that may apply when you use affiliate or other Second World Enterprises's services or products.
If you are under the age of 19, it is required to read the Agreement with a parent or guardian. The use of the Service is only allowed to persons aged 14 and older. In addition, the use of the Service by persons under the age of 19 is under condition of the permission of the parents or competent guardian, respectively.
The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Service is licensed, not sold.
Second World Enterprises grants you the right to use the Service under the following conditions.
The Service is licensed and not sold under this Agreement.
Second World Enterprises is not obliged to support this product indefinitely. You acknowledge and hereby accept that the range and nature of the Service may be subject to temporary and/or permanent changes without prior notice. This includes but is not limited to updates, bug fixes and patches.
The type of computer you may use the Service on:
Second World Enterprises is not required to maintain the Service nor the server infrastructure. Second World Enterprises may terminate the Service or its services at any time. You allow Second World Enterprises to install updates of the Service at any time without any further consent.
In addition, Second World Enterprises reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge and agree that Second World Enterprises shall not be liable to you or to any third party for any modification, termination, suspension or discontinuance of the Service (or any part thereof) or your access thereto.
Second World Enterprises will be under no circumstances obliged to undertake corrections of the Service or to develop updates.
Second World Enterprises may provide you with access to Content of third parties who uses the Second World Enterprises content interface and/or Second World Enterprises services for the purpose of developing and/or publishing Content on a Second World Enterprises mobile application or mobile webpage ("Content Partner").
You acknowledge and hereby accept that Second World Enterprises does not control any Content developed, published or otherwise submitted via the Second World Enterprises content interface or the Second World Enterprises services and, as such, Second World Enterprises does not guarantee the accuracy, integrity or quality of such Content made available through third party. The parties of this Agreement (i.e. you and Second World Enterprises) acknowledge that solely Content Partners will enter into a contractual relationship with you as end users for accessing or using Content; Second World Enterprises will only act on behalf of the Content Providers. Second World Enterprises does not have control of, or liability for, any Content which may be available to you; Second World Enterprises will not and cannot review the Content. The Content falls under the full and sole responsibility of the Content Partner.
Content Partner may include an additional, separate end user license agreement to the Content that will govern your rights to the Content ("Content Partner EULA"). In this case the access or use of this Content is subject to this Content Partner EULA. However, such Content Partner EULA can never and will never be allowed to precede this Agreement and Second World Enterprises's position and rights towards you or third parties. Any Content Partner EULA applies solely between you and the Content Partner.
You may decide to access or use Content which is offered to you as paid content ("Premium Content"). In this case you are obliged to pay the fees indicated for that Premium Content ("End User Fee").
In order to access or use Premium Content you must open an user account as set forth below.
All purchases of Premium Content are final and you do not have the right to withdraw from, or terminate, such purchase once the access to such Premium Content has been granted. You acknowledge and hereby accept that Second World Enterprises will have no obligation to provide a refund or repayment - for whatever reason - of any amounts paid by you to Second World Enterprises or any other third party for Premium Content.
All payments for Premium Content will be carried out by a third party being engaged or acting on behalf of Second World Enterprises or the Content Partner to handle, collect or receive payments from you as end user ("Third Party Payment Provider").
In order to use the Service you may open an user account ("User Account").
While opening the User Account you shall provide true, accurate, current and complete information about yourself as prompted by the Second World Enterprises's registration form (such information being the "Registration Data") and you shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Second World Enterprises has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Second World Enterprises has the right to suspend or terminate your User Account and refuse any and all current or future use of the Service (or any portion thereof).
You will be able to administer your User Account through a password protected interface. You are responsible for maintaining the confidentially of your User Account and your User Account password. You are responsible for all activity that occurs via your User Account. If you have reason to believe that your User Account security has been breached it is your responsibility to notify us in a timely manner so that we can take the appropriate action in respect to your User Account.
You acknowledge and agree that Second World Enterprises may, at its sole discretion, refuse or close your User Account at any time and without any cause.
You are obliged to use the Service and any portion thereof in a responsible and law-abiding manner and in accordance with this Agreement, all applicable laws and regulations.
As a condition of your use of the Service you agree not to use the Service or any other services or products made available by Second World Enterprises for any purposes other than set forth in this Agreement.
You agree that Second World Enterprises may analyze user behavior and use this information for internal purpose or the benefit of our Content Partners.
You may not at any time during this Agreement:
The Service is protected by copyright and other intellectual property laws and treaties. Second World Enterprises owns the title, copyright, and other intellectual property rights in the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, Second World Enterprises MAKES NO WARRANTY THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Second World Enterprises SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Second World Enterprises HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (i) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCT OR (ii) RESULTING FROM PRODUCT WARRANTIES, END USER ASSISTANCE AND PRODUCT SUPPORT WITH RESPECT TO CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Second World Enterprises AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CO-BRANDERS AND INDEPENDENT CONTRACTORS HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEYS FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, A VIOLATION OF ANY APPLICABLE LAWS OR A VIOLATION OF THIS AGREEMENT.
11.1. We respect the Intellectual Property Rights of others and we prohibit users and Content Partners from using, uploading, posting, publishing or otherwise submitting any materials that violate third party's Intellectual Property Rights. "Intellectual Property Rights" means all intellectual property rights, industrial property rights and other similar rights recognized throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (i) copyrights, rights in trade secrets, rights in marks, patents, design rights, data base rights, rights in processes, rights in methods, moral rights, mask work rights, publicity and personality rights, and privacy rights; and (ii) any application or right to apply for any of the rights referred to in paragraph (i), and all enhancements, improvements, renewals, extensions and restorations.
All right, title and interest, including but not limited to Intellectual Property Rights, in and to the Service are owned by Second World Enterprises.
This Agreement do not transfer any Intellectual Property Rights from Second World Enterprises to you or any third parties. If you infringe the Intellectual Property Rights of Second World Enterprises or other third parties, Second World Enterprises may, in it's sole discretion, terminate or deny access to and use of the Service.
Without prejudice to any other rights, Second World Enterprises may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all content from the Service and all of its component parts.
These Terms and Conditions terminate automatically at any time by deleting or closing your User Account, notifying Second World Enterprises or discontinuing the use of the Service.
Termination does not affect your liability or obligations under this Agreement.
Second World Enterprises holds the sole right to modify or replace this Agreement. If changes have been made, a new version of this Agreement will be published and made available at www.SecondWorld.me.
It is agreed that the continued utilization of the Service after the publication of a new version or modification of this Agreement will be regarded as an acceptance of the new or modified Agreement. If you do not wish to be bound by these new version or modification of the Agreement, you must not use the Service.
This Agreement and the use of the Service shall be governed by United States Law.
Any disputes arising out of or in connection with this Agreement and the use of the Service, including disputes on its conclusion, binding effect, amendment and termination, shall be of the exclusive jurisdiction of the competent court having subject jurisdiction at the Second World Enterprises registered office (i.e. Miami, FL).
This Agreement is the entire agreement between you and Second World Enterprises concerning the subject matter herein, and supersedes all prior communications, proposals and representations with respect to the Service or any other subject matter covered herein.
Except as provided in this Agreement, neither Party may use the name, trademarks, trade names, domain names or other designation of the other Party without the written approval other the other Party.
The failure of any Party at any time to enforce or require performance of any provision hereof shall in no way operate as a waiver or affect the right of such Party at a later time to enforce the same. Any waiver of an obligation, agreement or condition contained herein shall be valid and effective only if in writing and signed by the Party to whom such compliance is owed. No such waiver shall be deemed to be a waiver of any subsequent breach, claim or failure to perform or of any obligation, agreement or condition other than the one expressly waived.
If any provision of this Agreement is held invalid or unenforceable, the provision will be construed to reflect the Party's original intent. Despite the invalidity or unenforceability of such provision, all other provisions of this Agreement will remain in full force and effect.
If you withdraw your consent to the collection, use, processing, transmission and/or disclosure of such End User Data, Second World Enterprises will immediately cease to collect, use, process, transmit and/or disclose the End User Data or perform any other actions for which the end users consent has been withdrawn.