EULA for 3Dream last modified February 12st 2019
1.Notice / Acceptance of Terms
You must read this
License Agreement before registering an account and before using the 3Dream
software or any products or services provided by this site. Continue only when
you have read and accepted the terms of this License Agreement
This License Agreement is a
legally binding contract made between ViewIT Technologies Inc. and You, the
User of the 3Dream, version 0.7 beta to be referred from now on as
"The User"
If you do not agree to all of these terms, including
all subsequent amendments or modifications including future access, do not
access the site or any products or services provided on or through the site
The User must agree
to the following:
2.Privacy Policy
All and any of your personal information collected by this site or the
3Dream software is governed by the
Privacy Policy.
3.Availability of Products and Services
ViewIT Technologies Inc.
makes no warranties or assurances as to the availability of any or all of the
products and services available on this site. System availability may be
interrupted by, but not limited to: software errors, system performance, system
failure etc
ViewIT Technologies Inc. Is
not responsible for any damages incurred by lack of availability of any or all
of the products or services available on this site
4.License
Unless expressly provided
otherwise, ViewIT Technologies Inc. grants you a revocable, personal,
non-transferable, and non-exclusive License to display on your computer, print,
and use the underlying HTML, text, images, video clips, audio clips, and other
content provided to you on this site, for non-commercial, personal or
educational use only provided that:
A) You do not or allow a
third party to disassemble, reverse engineer, decompile, modify, alter or
create a derivative of any of the products, services or content available on
this site; and
B) You include and display
on each copy of such content the associated copyright notice
Unless expressly authorized
in writing by ViewIT Technologies Inc. No other use is permitted. Not limiting
the generality of the following, you may not:
A) Include any content from
this site, its products, or services in or with any product that you create or
distribute
B) Reproduce, duplicate,
copy, sell, rent, resell, lease, barter or exploit for commercial purposes any
of the content, products or services on this site, access to this site or use
of this site
C) Create or copy or allow a
third party to create or copy a frame that contains any portion of this site
its services, products, or contents, or any other web site that contains
hyperlinks, or text documentation with hyperlink capabilities that link to this
site its services, products or content
You may not allow or direct
any other person to do any of the foregoing
You may not access this site
in any other method than the HTML interface provided by ViewIT Technologies
Inc. which is designed and intended to allow access to this site
Notwithstanding the
aforementioned, there is nothing contained in this License that shall be
interpreted as conferring any right under any intellectual property of ViewIT
Technologies Inc., its affiliates or any other person who owns any of the
intellectual property in the services, products or content available or
provided by this site
5.Intellectual Property
All of the content uploaded
to the site by ViewIT Technologies Inc. is either owned by ViewIT Technologies
Inc. or permission to use the content was obtained by ViewIT Technologies Inc.
from the owner or the distributor or vendor entrusted by the owner
ViewIT Technologies Inc. is
not responsible for content uploaded by the Users of this site. ViewIT
Technologies Inc. only sanctions the uploading of content either owned by the
User or content for which the User has expressly obtained permission to use
from the owner
The names, logos, graphics,
icons, designs, words, titles and phrases on this site constitute trademarks,
trade names, trade dress and associated products and services of ViewIT
Technologies Inc. and/or its affiliates. The trademarks for all products,
services, content on this site not owned by ViewIT Technologies Inc. are the
intellectual property of their respective owners. The display of any of these
trademarks does not convey any License or other rights regarding these
trademarks or trade names. Any unauthorized use of any trademarks or trade names
displayed on this site is strictly prohibited
Any unauthorized copying,
modification, alteration, redistribution or reproduction of the contents of
this site by any person may be a violation of federal or common law, copyright
and/or trademark laws. These such activities could subject such a person to
legal action against them
6.Changes or Alterations to the Site
ViewIT Technologies Inc.
reserves the right to change, alter, update, modify, suspend, discontinue,
temporarily or permanently, the site and/or all or any of the products,
services and� content on the site with or without notice for any or no reason.
ViewIT Technologies Inc.� shall not be liable to the Users or any third party
for any modifications, suspensions or discontinuance of any or all of the
products, services or content of this site. All or any of the products,
services or content of this site are subject to change at any moment
7.User Accounts
Upon completion of the
registration process, which includes Agreement with the terms of this document,
and you agree to pay the monthly charge and any initial sign up fees or any
other fees for the ability to use the account, ViewIT Technologies Inc. will
provide you with a User account. The User is wholly responsible for the
confidentiality of the account, all the information contained within that
account and any activities that take place under the usage of that account.
ViewIT Technologies Inc. is in no way responsible for any damages incurred by
the Users account, or any third party
The User agrees that all
information supplied by them is true and accurate, including but not limited to
their credit card number and expiration date
The User may install the
3Dream software on any number of computers for their own use only. The User
may not share, distribute, rent, lease, sell, transfer or give away access to
their account to any person
The User understands that the
system requirements of any and or all of the products and services on this site
may evolve over time and that ViewIT Technologies Inc. is not responsible in
any way for incompatibility with the Users computer software or hardware
Failure to comply with any
or all of the terms in this Agreement may result in the termination of the
Users account with or without notice. ViewIT Technologies Inc. acting
reasonably reserves the right to terminate any Users account at any time for
any or no reason without refund and with any additional charges based on
unauthorized use
8.User Content
ViewIT Technologies Inc.
will provide Users the opportunity to upload their own content to the site only
by the interfaces offered by the site and its features. Any unauthorized
uploading of content to the site may result in termination of the Users account
and possible legal action against the User. The User shall not, nor allow any
third party to perform or take part in any illegal activities on the site
including but not limited to: defaming, abusing, harassing, stalking,
threatening or violate any rights including but not limited to rights of
privacy of the Users of this site or any other person, any immoral activities
or any of the following types of activities without limitation:
a) Transmit or upload any
information, materials or content that infringes on any patent, trademark,
trade name, trade secret, copyright or other proprietary rights of any party
b) Transmit or upload any
material, content or information which may contain software, viruses, trojans,
worms, malware, time bombs, cancelbots, corrupt data, or any other computer
code which may interfere with the operation of this site, its products,
services or content, computer software, hardware, devices, telecommunications
equipment, or computer software, hardware , devices or telecommunications
equipment of the account holders on the site
c) Impersonate anyone or any
entity, falsely state or otherwise misrepresent your affiliation with a person
or entity
d) Transmit, upload or
display on this site any advertisement or commercial content
e) Interfere or disrupt the
site or its workings or function in any way
f) Disrupt the activities or
enjoyment or function of the site for any or all other Users
g) Collect, gather, or store
personal information and/or data about any or all other Users of this site
The User agrees to abide by
all local, municipal, regional, state, provincial, territorial and federal laws
and regulations and that the User is solely responsible for all acts or
omissions that occur under the Users account or password, including but not
limited to any of the content created, transmitted or uploaded by the User
The Users agrees that ViewIT
Technologies Inc. acting reasonably, may suspend, restrict, discontinue or
terminate the Users password or account or any part there of and/or use of the
site and/or any or all of the products, services and content on the site as
well as modify, remove, delete or destroy any or all of the content uploaded or
created by the User at any time with or without notice to the User
The User agrees that ViewIT
Technologies Inc. in accordance with the privacy policy may preserve and
disclose User content and information if so required by law, or if ViewIT
Technologies Inc. believes that such preservation or disclosure is reasonably
necessary to comply with the law, enforce this Agreement, respond to a claim
that the User content or information violates any third party or any other
entities rights, or to protect the rights, property or personal safety of
ViewIT Technologies Inc., its affiliates, employees, other Users of the site or
any other party
The User agrees that without
limitation, User content and information may have to be transferred over various
networks to adapt and /or conform to changes in technical requirements of
connecting networks or devices
ViewIT Technologies Inc.
assumes no responsibility or liability in any way for the User content and/or
information and materials or use of User accounts. Without limitation to the
aforementioned ViewIT Technologies Inc. shall not be held liable for the
collection, use, or disclosure of any personal information by any of the Users
of this site or by any third party
9.Communications with the User
Subject to all applicable
laws and the stipulations of the Privacy Policy with respect to your personal
information, any communications sent by you via this Site or otherwise to
ViewIT Technologies Inc. including but not limited to any User content, are
non-confidential. ViewIT Technologies Inc. is not obligated to refrain from
reproducing, publishing or otherwise using them in any way or for any purpose.
ViewIT Technologies Inc. shall be free to use the content in any
communications, including but not limited to, any ideas, inventions, concepts,
techniques or know how disclosed within those communications, for any purpose
including but not limited to,research, development, manufacturing, or
marketing. The User agrees that they may not assert and claim of ownership, including
but not limited to copyright, trademark, unfair competition, moral rights, or
any implied rights or contracts, and the User agrees to waive the right to
receive any financial or any other compensation of any kind in connection to
any communication made on or through this site including acknowledgement of the
User as the source of such communications. The User is responsible for the
information and content within any communications sent to this site or ViewIT
Technologies Inc. by the User, including the truthfulness and accuracy of said
information and/or content
10.Third Party Transactions and Links
Correspondence and business
dealings between the User and Third Parties found on this site, including but
not limited to, participation in promotions, delivery of goods or services, any
other dealings, terms, conditions, warranties or representations are solely
between the Users and such Third Parties and not obligations of ViewIT
Technologies Inc. nor are they bonding to ViewIT Technologies Inc. The User agrees
that ViewIT Technologies Inc. is not responsible or liable for any actions,
losses, damages, liabilities, claims, judgments, costs or expenses of any kind
incurred as the result of any dealings or presence of any Third Parties found
on this site, the User agrees to indemnify ViewIT Technologies Inc. and it's
affiliates from and against any of the above incurred as a result of any such
dealings and/or correspondence
Links or references to other
sites provided on this site are provided merely for the convenience of the User
and do not imply that ViewIT Technologies Inc. represents or endorses the
content, products or services offered by such sites. ViewIT Technologies Inc.
does make any claims, warranties or assurances to the content, products or
services offered by such sites. ViewIT Technologies Inc. does not accept any
responsibility or liability for any damages, losses, actions, or injury, the
content, products or services offered by or contained within those sites
11.Disclaimer of Warranties
ViewIT Technologies Inc.
disclaims any and all responsibility and/or liability for the timeliness,
sequence, quality, accuracy, content, completeness, legality, reliability,
operability, or availability of information or material contained on this site.
This site may contain inaccuracies, graphical errors or typographical errors.
ViewIT Technologies Inc. disclaims any responsibility for the deletion,
removal, failure to store, misdelivery, or untimely delivery of any information
or material in respect of the site or the use hereof, except as expressly
provided in an applicable supplemental Agreement
EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE WITHIN THIS Agreement OR IN AN APPLICABLE SUPPLEMENTAL Agreement,
ViewIT Technologies Inc. WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND
ACCURATE INFORMATION IN THIS SITE, HOWEVER ALL PRODUCTS,CONTENT AND SERVICES ON
SITE ARE OFFERED TO THE User "AS IS" WITH NO WARRANTIES OR ASSURANCES
TO IT'S SUITABILITY FOR ANY PURPOSE IF FOR ANY PURPOSE AT ALL. ViewIT Technologies
Inc. DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ANY WARRANTIES FOR
SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE ARE EXPRESSLY DISCLAIMED BY
ViewIT Technologies Inc.. ViewIT Technologies Inc. DISCLAIMS ANY WARRANTIES FOR
SERVICES, CONTENT, PRODUCTS, OFFERED THROUGH LINKS PROVIDED IN THE SITE, AS
WELL AS ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR ANY LINKS
PROVIDED ON THE SITE
THE User UNDERSTANDS AND
AGREES THAT ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT THE RISK AND
DISCRETION OF THE User AND THAT THE User IS SOLELY RESPONSIBLE FOR ANY CLAIMS,
INCLUDING BUT NOT LIMITED TO DAMAGE TO THE Users COMPUTER SYSTEM OR LOSS OF
DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE USING SUCH MATERIAL OR
INFORMATION
12.Limitation of
Liability
The User understands and
agrees that in no circumstance shall ViewIT Technologies Inc., any of the
affiliates of ViewIT Technologies Inc., or any persons or
parties involved in creating, producing, delivering or managing the content,
services and products on this site (collectively known as "the site
builders"), ever be liable to you and/or any third party for any claims
whatsoever, including but not limited to direct, indirect, special,
incidental, punitive or consequential damages; including but not limited to
lost financial advantages, lost revenues, lost profits, lost opportunities,
arising as a result of, or in connection with usage of, or performance of any
internet browser or of the products, services, content, information, advice or
communications from this site or obtained on or through this site, through
electronic mail, or via telephone or otherwise from ViewIT Technologies Inc.,
including but not limited to inaccuracies or omissions of information, the
transmission of sensitive and/or confidential information to or from the site
and the site builders, inconvenience, delay or loss of the content, products,
or services, even in the event that any or all of the site builders is advised
of the potentiality of such damages. Without limitation to any of the
aforementioned, except as expressly provided otherwise or in any applicable
supplemental Agreement, the site builders shall not be liable or responsible
for damages or injury to persons or property arising from obtaining or using
any of the content, products, information, ideas, advice, instruction or
services contained on the site
13.Indemnification
The User agrees to indemnify
and hold harmless ViewIT Technologies Inc., its affiliates and any persons or
parties involved in creating, producing, delivering or managing the content, services
and products on this site from and against any claims arising out of or
relating to: (1.) User content the User submits, posts, uploads or otherwise
transmits to or through the site; (2.) the Users violation of this Agreement;
or (3.) the Users violation of any rights of any other person or party in
connection with this site
14.Other Agreements
14.1 Governing Laws
The site, excluding any
third party linked web sites, is maintained by ViewIT Technologies Inc. from
its offices in the Province of Ontario, Canada. By accessing the site the User
agrees that all matters regarding the access to, or usage of the site, its
products, services and content are governed by the laws of Ontario and the
federal laws of Canada. The User agrees and submits to the non-exclusive
jurisdiction of the courts of the Province of Ontario with respect to such
matters. ViewIT Technologies Inc. makes no assumption or representation
regarding the appropriateness of the materials, information or content on the
site in any other locations; accessing the site from locations or territories
where the content is illegal is prohibited. Persons accessing the site from
other locations do so on their own discretion and are required to comply with
local laws regarding such matters
14.2 Entire Agreement
This Agreement, along with
any supplemental Agreement, is the entire and exclusive Agreement between the
parties involved and supercedes all previous communications, representations
or Agreements between the parties, oral or written, with respect to this
matter
No statements of any kind
made by affiliates of ViewIT Technologies Inc. which are not included as part
of this Agreement, shall bind ViewIT Technologies Inc. or its affiliates in any
way
14.3 Amendments
No amendments, variations,
modifications of this Agreement or waivers of its terms and conditions shall be
valid unless in writing and signed by an authorized member of each party
14.4 Waiver
No waiver of any of the
terms or conditions of this Agreement shall be valid unless in writing and
signed by an authorized member of each party. ViewIT Technologies Inc.'s
failure to strictly enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not be construed as a waiver of such terms,
conditions or rights
14.5 Savings Clause
If any sentence, term or
condition of this Agreement is found by a court of competent jurisdiction to be
unenforceable or illegal, such sentence, term or condition will be
automatically ratified to be valid, enforceable and operative to the maximum
extent of the law and to preserve its original intent. The invalidity of any
part of this Agreement shall not render any other part of the Agreement or the
Agreement in its entirety, invalid
14.6 Miscellaneous
This Agreement shall ensure
to the benefit of ViewIT Technologies Inc. and its affiliates. Any and all
references to ViewIT Technologies Inc. and its affiliates, including but not
limited to section 14 and all preceding sections shall where the context of
this Agreement permits, pertain to and include any parent companies of ViewIT
Technologies Inc., sister companies, and their subsidiaries, affiliates,
directors, officers, employees, contractors and agents. The headings contained
in this Agreement are merely for convenience and convey no legal or
interpretive effect. Additional third party terms and conditions may be
applicable when using other services, links, third party content, promotional
content or third party software on or provided through the site. ViewIT
Technologies Inc. under this Agreement, may assign its rights and duties to any
party at any time without notice to the User. The User, as per this Agreement
may not assign your rights and duties to any party at any time
Copyright:
3Dream is copyright �
2008 by ViewIT Technologies Inc.. All rights reserved. This computer program is
protected by copyright law and international treaties.
Contact Information:
Questions or concerns should
be sent via E-Mail to [email protected], or visit
www.3dream.net for more information
