Somewhere Sideways Down at an Angle

 

 

GENERAL TERMS OF USE

 

Article 1

Contracting parties

This application (herein after referred to as “the App”) and its services (herein after referred

to as “the Services”) are published by Florian Meisenberg (hereinafter referred to

as “FM”)

 

Under these Terms of use, any person using the App or the Services is considered as a

user (hereinafter referred to as “the User”).

FM and the User are hereinafter collectively referred to as “the Parties”.

The prior knowledge of these Terms of use and their full acceptance by the User is irrefutably

presumed by the User browsing on the App or using, in whole or in part, any of its

Services. In the case the User does not accept these Terms of use, the User shall not browse

on the App or use its Services.

 

Article 2

Legal information

The App is published by:

Florian Meisenberg

1717 Troutman St.

11385 Ridgewood, NY

USA

 

Article 3

Updates of the Terms of use

FM is likely to update this Terms of use.

Browsing on the App or using its Services after an update of the Terms of use will

irrefutably presume of its full acceptance by the User.

 

Article 4

Term

These Terms of use are concluded for the duration the User browsing on the App or using

its Services.

 

Article 5

Use of the Services

5.1 FM has developed an augmented reality App (the App) designed for smartphones

and tablets . The user of the App can scan images inside of the publication Somewhere Sideways, Down at an Angle, and the App translates the images into sound.



 

Article 6

Personal Data (Camera Access)

The User is informed that their download of the App leads to the use and automated

processing of camera data concerning the User by FM. The use of these personal data

is subject to the provisions of Law n°78­17 of 6 January 1978, amended by Law n°2004­801

of 6 August 2004.

According to this Law, these personal data are stored and used in order to allow the User to

use the Services. These data are kept for the time necessary for the purposes for which they

are collected and processed. In the case of the App data is not stored but analyzed momentarily to augment the book through sound.

FM shall do all his efforts to ensure that these personal data are kept in conditions of

adequate security and that their protection is ensured in accordance with the procedures in

force.

 

Article 7 Intellectual property

7.1 The denomination “Augment” and the logo “Augment” are the exclusive property of

Augment. The Website, the structures of databases, text, information, analyzes, images,

graphics, photographs, graphics on the Website are the exclusive property of Augment (this

list is not exhaustive). These Terms of use shall not be construed as operating any transfer of

ownership on any element of the above list.

7.2 Accordingly to the above the User shall not reproduce, represent, and more generally use the elements belonging to FM without its express written prior authorization.

FM grants the User with a non­exclusive and non­transferable right limited to the use of

the App and of the creative works and information contained on the App. Any use of

the App, its creative works and its Services for commercial purposes by the User is strictly

prohibited unless prior express written authorization of FM.

7.3 For any non private purpose, the User shall not reproduce, download, use, distribute and / or

communicate in whole or in part, in any form whatsoever, any creative work or data contained

on the App, including the images, without the express prior written authorization of

Augment.

8.1 The User acknowledges and agrees FM shall in no event be liable for any

damages, direct or indirect, which the User may suffer as a result of the

App or by using its Services.

The User expressly agrees that this exclusion of liability reflects the allocation of risk

accepted under these Terms of use accordingly to the absence of fees paid by the User.

8.2 The App may contain links to other websites published by third parties. FM

has no control over the content of these websites. As a consequence, FM shall not be

held responsible for any contents of such websites.

Article 9 Severability

If any provision of these Terms of use is held to be invalid or unenforceable, such provision

shall be severed from these Terms of use but all remaining provisions shall remain in full

force and effect.

Article 10 Waiver

Any failure by FM to enforce the User’s strict performance of any provision set forth in

these Terms of use will not constitute a waiver of its right to subsequently enforce such

provision or any other provision of these Terms of use.