Terms of Use

3DeeCentral Terms of Use

Last Update: September 10, 2010

This website ("Site") is provided to you by Spatial View Inc. ("SVI"). Your access to and use of the Site, the service and all content associated therewith ("3DeeCentral Service") is subject to these Terms of Use. By accessing this Site you ("you") agree to be bound by these Terms of Use whether or not you have read them.

SVI may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.

If you do not agree to these Terms of Use then you should not use the 3DeeCentral Service or access this Site.

1. Changes to Terms of Use

SVI, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Site. The most current version of the Terms of Use will supersede all previous versions.

2. Privacy

Any personally identifying information submitted through the 3DeeCentral Service or on the Site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the "last update" section of our Privacy Policy.

3. The Service

The 3DeeCentral Service offers digitized Stereographic 3D versions of still images, movie trailers, movies, independent short films, television shows, comics, motion comics music videos, sports footage, documentary footage, nature footage and other video content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in these Terms of Use and pursuant to any applicable terms referenced at the time of download. SVI allows you to access and view Digital Content by downloading a copy to an Approved Device (defined herein).

In order to be able to purchase, download and view Digital Content on an Approved Device you must first download the 3DeeCentral Application ("Service Application") from the Apple App store or the Site, agree to the 3DeeCentral EULA ("EULA") provided prior to download of the Service Application, register on the Site and create a 3DeeCentral Account ("Account"). YOU ACKNOWLEDGE AND AGREE TO THE (1) THE EULA AS SUCH MAY BE AMENDED FROM TIME TO TIME; AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE APPLICATION AND ANY OTHER REQUIRED THIRD PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS DO NOT USE THE 3DEECENTRAL SERVICE.

SVI does not warrant that any of the software used and or licensed in connection with the 3DeeCentral Service will be compatible with other third party software nor do we warrant that operation of the 3DeeCentral Service and the associated Service Application will not damage or disrupt other software or hardware. In addition, Approved Devices are manufactured and sold by entities other than SVI. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE APPROVED DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE APPROVED DEVICE WITH THE 3DEECENTRAL SERVICE. By using the 3DeeCentral Service, you agree to look solely to the entity that manufactured and or sold you the Approved Device for any issues related to the Approved Device and its compatibility with the 3DeeCentral Service. Any issues related to the 3DeeCentral Service, including any system requirements, are covered and limited by these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Digital Content may not be viewed, or may cease being viewable, through the 3DeeCentral Service on some Approved Devices.

SVI reserves the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the 3DeeCentral Service. Any description of how the 3DeeCentral Service works should not be considered a representation or obligation with respect to how the 3DeeCentral Service will always work. We are constantly making adjustments to the 3DeeCentral Service and often these adjustments are not completely captured within these Terms of Use.

4. Approved Devices

In order to be able to download Digital Content from the Site and to view Digital Content, you will need to use a mobile device, personal computer, notebook computer, or other device that (i) is on the list of devices supported by the 3DeeCentral applications and meets minimum system requirements that SVI may establish from time to time ("Approved Device"); and (ii) has installed a copy of the Service Application available as a free download for Apple iPhone and iPod Touch devices from the Apple App Store and available as a free download for other supported platforms from the Site.

The 3DeeCentral Service will operate only on those hardware and software platforms specified on the Site. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the 3DeeCentral Service. SVI reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

5. License to Digital Content Downloads

3DeeCentral Service allows you to pay a fee to download one or more copies of a single piece of Digital Content and to view that Digital Content an unlimited number of times over an indefinite period of time ("Licensed Digital Content") for your non-commercial private use on an Approved Device.

As used herein, "non-commercial private use" means a presentation of Licensed Digital Content for your personal and non-commercial use only and for which no fee or consideration of any kind (other than that which you pay to us to license the Digital Content) is charged or received, which is limited to a private viewing for you and your invitees. Non-commercial private use specifically excludes any public presentation (e.g. a presentation at a trade show or theater) even if no fee is charged for viewing the Licensed Digital Content.

5.1. Licensed Digital Content.

Upon your payment of the license fee, SVI grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license under copyright (i) to download, (ii) to retain a copy of the Licensed Digital Content on the Approved Device(s) to which the Licensed Digital Content is downloaded, and (iii) to view, use, and privately display, for non-commercial private use, the Licensed Digital Content acquired by you, on Approved Devices.

5.2. Downloading and Risk of Loss

If you are unable to complete a download after having reviewed the online help resources, please contact 3DeeCentral customer service. Once you purchase the Licensed Digital Content and we make the Licensed Digital Content available to you, you bear responsibility for completing the download and for all risk of loss of the Licensed Digital Content after the download. Licensed Digital Content, especially video content, is large and may take a significant period of time to download to your Approved Device(s). Download times will vary according to the quality of the connection and the size of the Licensed Digital Content.

5.3 General Restrictions

You may not transfer, copy or display the Licensed Digital Content, except as permitted by these Terms of Use. In addition, you may not:

  1. reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Licensed Digital Content to any third party without express prior written consent of SVI;
  2. remove any proprietary notices or labels on the Licensed Digital Content;
  3. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management, or copy protection system used as part of the 3DeeCentral Service; or,
  4. use the 3DeeCentral Service or Licensed Digital Content for any commercial or illegal purpose.
  5. attempt to, or assist or encourage anyone else, to alter or change the software or any application related to the 3DeeCentral Service.

5.4. Free Content

SVI provides no warranty or guarantee that free content, such as 3D previews or free Digital Content, will remain available on the Site, and if it is removed from an Approved Device it may not be available for subsequent download.

All other constraints and conditions on your use and viewing of Licensed Digital Content apply to free Digital Content.

6. Reservation of Rights

Except for the rights explicitly granted to you in these Terms of Use, all right, title and interest in the 3DeeCentral Service, Site and Licensed Digital Content are reserved and retained by SVI and its licensors, and SVI and its licensors do not transfer any right, title or interest in the Licensed Digital Content. You do not acquire any ownership rights in the Licensed Digital Content as a result of downloading Licensed Digital Content.

This Section will survive the termination of your right to use this Site.

7. Territory Limitation

SVI is a company based in Canada. SVI's goal is to bring you as much Digital Content as is legally available. However, some Digital Content may be, or become, unavailable in certain territories depending on the terms of SVI's agreements with content providers. For content that is geographically restricted, SVI will use personal information you provide, including but not limited to your IP address and home address in order to determine your ability to purchase that content. SVI's use of your personal information is detailed in SVI's Privacy Policy.

8. All Sales Are Final

All purchases of Licensed Digital Content are final when you complete the payment process after clicking the "Buy" button. If after purchasing Licensed Digital Content, you are unable to successfully download the Licensed Digital Content, SVI will provide technical assistance to help you finish the download.

Payment for Licensed Digital Content is to be made either by credit card through RBSWorldPay or through your PayPal account. SVI does not retain any of the personal information you must provide to complete payment through these services, as detailed in SVI's Privacy Policy.

9. Cancellation

If you cancel your Account, the Licensed Digital Content loaded on your Approved Device can still be viewed through the Service Application however, cancellation of your Account removes all access to other 3DeeCentral Services, such as tracking of deleted Licensed Digital Content, availability of downloads, remaining downloads, the ability to acquire additional Licensed Digital Content, the ability to download free Digital Content. Refunds may be given only at the discretion of the management.

10. Limitations on Use

You must have Internet access, an Account, the Service Application, an Approved Device, an ability to pay for the Licensed Digital Content and agree to the EULA in order to download Licensed Digital Content from the Site. All materials, including graphic files, audio files, video files, movies, text, hyperlinks, search engines, and other content that SVI and/or its affiliates and subsidiaries makes generally available are intended only for those persons over the age of 18. As such you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian.

11. Warranty Disclaimer and Limitation of Liability

THE 3DEECENTRAL SERVICE, ANY LICENSED DIGITAL CONTENT PROVIDED, THE SITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND SVI AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE 3DEECENTRAL SERVICE, THE LICENSED DIGITAL CONTENT, THE SITE AND ITS CONTENTS. SVI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE 3DEECENTRAL SERVICE OR THE LICENSED DIGITAL CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SVI MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE 3DEECENTRAL SERVICE WITHOUT COMPENSATION OR NOTICE TO YOU. SVI SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, APPROVED DEVICES, AND ALL LICENSED DIGITAL CONTENT Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the 3DeeCentral Service or on the Site; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the 3DeeCentral Service or Site, (iv) delivery and or display of any Licensed Digital Content contained on the Site or otherwise through the 3DeeCentral Service; and (vii) any losses or damages arising from the use of the Licensed Digital Content provided on the Site or otherwise through the 3DeeCentral Service itself, including any losses or damages arising from downloading of related software or downloading and/or use of any other software. TO THE EXTENT ALLOWABLE BY LAW, SVI AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, SVI does not represent or warrant that the information accessible via our Site is accurate, complete or current. SVI does not make any representations with respect to the Licensed Digital Content from the 3DeeCentral Service or the descriptions of any content contained on our Site. We do not represent or guarantee that your use of the 3DeeCentral Service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon SVI or its affiliated parties.

IN NO EVENT SHALL SVI, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ITS CONTENTS OR OTHERWISE RELATED TO THE 3DEECENTRALSERVICE OR THE LICENSED DIGITAL CONTENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE OUR SITE, ITS CONTENTS OR THE 3DEECENTRAL SERVICE, (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) OR THE LICENSED DIGITAL CONTENT EXCEED IN THE AGGREGATE THE LESSOR OF THE AMOUNT YOU PAID FOR THE LICENSED DIGITAL CONTENT WITHIN THE PREVIOUS 12 MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE OR THE SUM OF FIFTY CANADIAN DOLLARS.THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

SVI MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPROVED DEVICES OR THE COMPATIBILITY OF THE APPROVED DEVICES WITH THE 3DEECNTRAL SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using the 3DeeCentral Service.

12. Indemnity

You agree to indemnify and hold harmless SVI, its licensors, its content providers, its affiliate and any of their respective directors, officers, employees, agents, licensees or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this Site. This provision shall survive the termination of your right to use this Site.

13. Additional Terms

  1. If you violate any of the terms or conditions of these Terms of Use, your right to acquire Licensed Digital Content will immediately terminate, and SVI may, in its discretion, immediately revoke your access to the Site and your Account without notice to you and without refund of any fees. In such event, you must delete all copies of Licensed Digital Content that you have downloaded.
  2. You understand that by using the 3DeeCentral Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the 3DeeCentral Service at your sole risk, and SVI shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that SVI does not guarantee their accuracy.
  3. Content providers providing Digital Content that you license from SVI are intended third-party beneficiaries under these Terms of Use.
  4. SVI reserves the right to terminate or restrict your use of the 3DeeCentral Service, without notice, for any or no reason whatsoever.
  5. By accessing this Site or sending electronic mail to SVI you are communicating with SVI electronically and by doing so, you agree to receive communications from SVI electronically, including any notice required to be provided pursuant to these Terms of Use.
  6. You are responsible for any costs you incur to access the internet.

14. Jurisdiction

The Site is controlled and offered by SVI from its facilities in Ontario, Canada. SVI makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

This Site is administered from the offices of SVI in Toronto, Ontario, Canada. Access to the materials or services from territories where the contents of this Site are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including, but not limited to, Canadian and U.S. export laws and regulations. If you access this Site, you do so on your own initiative and risk and you are responsible for compliance with all applicable local laws.

The Terms of Use set out herein are governed by and will be construed in accordance with the laws of the Province of Ontario and federal laws of Canada, as applicable, without giving effect to any principles of conflicts of laws. You agree that any and all actions, suits, claims or applications relating in any way to these Terms of Use or to any services offered by SVI will be brought and heard in Toronto, Ontario Any claim or dispute between you and SVI that arises in whole or in part from the Site or the 3DeeCentral Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada.

You agree that:

  1. the Site shall be deemed solely based in Toronto, Ontario, Canada; and
  2. the Site shall be deemed a passive website that does not give rise to personal jurisdiction over SVI, either specific or general, in jurisdictions other than Toronto Ontario, Canada.

These Terms of Use, together with the Privacy Policy and EULA and any other legal notices published by SVI on the Site, shall constitute the entire agreement between you and SVI concerning the Site. YOU AND SVI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE 3DEECENTRAL SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SVI's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SVI without restriction.