Terms Of Services
This agreement is made between Web Studio and you (the Client).
1. Web Studio operates a QR Code Generation, Management and tracking site which allows Clients to generate, manage and track QR Codes (The System). Clients are able to generate QR Codes with different types of content some of which can be tracked by the System. In order for the tracking to function it is required that the QR Codes are pointed to a tracking domain operated by Web Studio or to Clients domain in which case the Client has to install a tracking script provided by the System (Self Hosted Tracking).
2.The QR Codes can be used to point the mobile phone users (Users) onto a target URL controlled by the Client.
3.In order for the Clients to be able to use the Management an Tracking functionality of the system the clients must register in the System. Creating an account is free of Charge (Basic Tracking). The system provides multiple levels of membership that differentiate in capabilities provided to generate and track codes. Some packages allow the Clients to use the Self Hosted Tracking.
TERMS AND CONDITIONS
1. Web Studio grants to the Client (once registered in the System) a non-exclusive, non-transferable license to:
use the System subject to the terms and conditions herein contained (“the Service”)
The clients of Self Hosted Tracking service are granted license to download and deploy the tracking script on their servers. The Clients are allowed to modify this script and redeploy it. In case the script was modified by the client Web Studio may not be able to provide support and refuse to do so.
Some of the subscription levels allow for the Client to create sub Users (to his account). The Client has the right to grant these accounts to third parties to use the System. The users of these accounts are also bound by this Agreement.
2. Web Studio will use commercially reasonable efforts to ensure that:
(a) all the basic product features are available to all registered Clients at all times;
(b) Web Studio provides at least two years prior notice before it terminates the Service (if for any circumstances Web Studio has to terminate the Service) although some of the features may become unavailable at one months notice; and ‘
(c) provides the basic features as part of the Service for as long as Web Studio operates the Service generally.
The Self Hosted Tracking scripts deployed at Clients servers will be unaffected in case Web Studio terminates the Tracking services. Following this scenario the Clients will not have any more access to Tracking (with provided notice) The QR Codes though will still operate as expected for the Users.
In case the generated QR Codes do not use the Tracking service they will be unaffected by any service termination.
3. Web Studio exercises commercially reasonable efforts to ensure that the Service operates without error but note that these terms are not a guarantee that the Service will not be interrupted for periods of time due to technical issues. Although Web Studio makes every reasonable efforst to ensure that the Service and the Site is continuous, a level of downtime on any online application is inevitable.
During periods of downtime scans of QR Codes may not re-direct Users to the target website unless they use Self Hosted Tracking or are QR Codes with direct URL (not using the Tracking service at all).
Although Web Studio will make every reasonable commercial effort to limit any downtime, the System is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of the System rests with the Client (the System operates a “Pay Per Engagement” model so the Client can only be charged if the Service is available). Web Studio cannot ensure any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Web Studio disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to the Client's use of the Service. The Client assumes total responsibility for its use of the Service and any linked sites. The Client's sole remedy against Web Studio for dissatisfaction with the Service is to stop using the Service.
4. Web Studio may change the Service and the terms of this Agreement at any time, including without limit: remove, modify and add features and subject features to different or additional terms and conditions. Web Studio may also require fees for any new features and previously free features that are added.
5. If Web Studio changes this Agreement or makes significant changes to the Service, then it shall notify the Client one month in advance of the changes taking effect. Web Studio shall give this notice by email and by posting it on the Site. If the Client does not agree to these changes, then the Client must stop using the Service. The Client's continued use of the Service following notice will be deemed to be the Client's acceptance of the changes. Web Studio will not be liable for any costs that the Client incurs, or for lost profits or damages of any kind, related to any such changes.
6. Subject to the Client‟s compliance with the terms of this Agreement, Web Studio grants the Client a nontransferable royalty free license to print, otherwise display, and distribute the QR Codes on the Client's products, documentation, advertisements, marketing materials, and other printed or digitally displayed content (“Your Materials") in order for QR Code Users to scan QR Codes on such materials.
The Client retains ownership of all and any materials (customized QR Codes or other) that it uploads to the system.
The Client understands and agrees that it is solely responsible for the use of any QR Codes produced on the Site. Web Studio undertakes to only facilitate the ability for Clients to generate QR Codes and does not endorse any content or any opinion, recommendation, or advice expressed in the websites to which QR Codes may take Users. Web Studio accepts no liability therefor.
Web Studio provides guidelines on the general use of QR codes but takes no responsibility for their ultimate use.
7. Web Studio has implemented a pricing policy that is outlined in detail on the Site. Web Studio reserves the right to alter the pricing structure at any stage giving the Client one month's notice.
8. For the purposes of this Clause, "Content" means any information that may be generated or encountered through use of the Service, such as media files, metadata, graphics, images, photographs and other similar materials for use in the System. The Client understands that all Content whether publicly posted or privately transmitted using the QR Codes designed via the Service is the sole responsibility of the person whom such Content originates from. This means that the Client, and not Web Studio, are solely responsible for any Content the Client makes available through use of the Service. The Client understands and agrees that its use of the Service and any Content is solely at its own risk.
The Client agrees that it will NOT use the Service to:
(a) make available any Content that is unlawful, harassing, threatening, harmful, delictual, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
(b) harass, threaten or harm another;
(c) if the Client is an adult, request personal or other information from a minor (any person
under the age of 18 or such other age as the law defines as a minor) who is not personally known to the Client;
(d) pretend to be anyone or any entity the Client is not or otherwise misrepresent the Client's affiliation with a person or entity;
(e) engage in any copyright infringement or other IPR infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement (Web Studio reserves the right to reject or block any information which could be deemed to be in violation of copyright or IPR infringement); and/or Web Studio
(f) plan or engage in any illegal activity.
The Client acknowledges that Web Studio is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Web Studio reserves the right at all times to determine whether Content to which QR Codes designed via the Service link is appropriate and in compliance with this Agreement, and may refuse, modify and/or revoke the Client's License at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
The Client acknowledges and agrees that Web Studio may access, use, preserve and/or disclose the Client's account information and Content if legally required to do so or if Web Studio has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Web Studio, its Clients or Users as required or permitted by law.
9. Web Studio and the Azonmobile logo are trademarks of Webstudio. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.
The Client is granted no right or license on any of the aforesaid trademarks, and further agree that it shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
10. This Agreement shall be governed, construed and enforced in accordance with the law of The Republic of Bulgaria.
11. This Agreement constitutes the entire and only agreement between Web Studio and the Client. No agreement altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of Web Studio and the Client.
12. The Client shall comply with all applicable local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.
13. Failure of Web Studio to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right.
14. Should one or more provisions in this Agreement are found by a court of competent jurisdiction to be contrary to law, then provisions shall be modified to the most limited extent necessary to be found enforceable and such modification shall in no way affect the validity of the other provisions of this Agreement.
While Web Studio makes reasonable efforts to ensure that all material on the Web Site AzonMobile.com is correct, accuracy cannot be guaranteed and Web Studio makes no representations as to the accuracy or completeness of the information contained in this web site, results obtained from the use of the Web Site or interruptions in the availability of this web site.
Web Studio is a privately held company headquartered in the European Union and does not fall under the umbrella of U.S non technology based patents. Patents in the EU can only be formed around a technology and not based on the usage of a technology.
The client agrees they will not hold Web Studio responsible for any usage on their behalf, regarding the technology provided by Web Studio on azonmobile.com.
FEES AND REFUNDS
By using the Services, you agree to pay all associated set-up and subscription fees. All set-up fees in connection with Services, including but not limited to hire-a-pro and custom website design services, are non-refundable and non-cancelable. For subscription Services, we offer a full, 30-day money-back guarantee. If you provide written notification of your request for cancellation of the subscription Services within the first thirty (30) days of your original purchase of a subscription-based Services, your fees will be refunded. No refunds will be provided for subscription-based Services after the 30-day guarantee period. For monthly subscription Services, you are welcome to cancel at anytime without obligation to pay for additional monthly payments.
You shall be fully responsible for the payment of any taxes that apply to your use of the Site or the Services.
The Web Site may contain links to other web sites. Web Studio is not responsible for the content of such web sites including any changes or updates that are made to the linked web site or the accuracy or completeness of the information provided on those web sites. Web Studio provides the links as a convenience to you and the existence of the links on this web site does not imply that Azon Media approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with Web Studio.
2 August 2013