Terms of Service

Create it REAL Aps, REALvision Online Terms of Service

Posted: 10 February, 2020 Effective: 10 February, 2020

Introduction

Thanks for using REALvision Online! These terms of service (“TOS” or “Terms”) cover your use and access to our services, software, and websites (“Services”). Please Note: The corporate entity behind REALvision Online is Create it REAL Aps. Within this document, the names “REALvision Online” and “Create it REAL” are used interchangeably. Privacy Policy Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy (see below) outlines your responsibilities when using our Services. It is incorporated herein by reference and forms an integral part of these Terms. Definitions “Account” means your REALvision Online account, including the login identification and password assigned to You by Create it REAL that allows you to access the Services. “Applicable Law” means all applicable local, national, federal, state, provincial and international laws. “REALvision Online Content” means any Content, other than User Content, transmitted, posted, displayed or used in connection with the Services. “Content” means any data, text, software, music, sound, photographs, graphics, video, e-mail messages, 3D models, .gcode, .fcode, 3D printing content or any other messages. “Free Services Plan” means the basic REALvision Online Services Plan, that Create it REAL offers to customers for free. “Paid Services Plan” means any Services Plan other than the Free Plan. “Services Plan” means each service or subscription plan offered by Create it REAL in connection with the Services. “Terms” means these TOS together with any legal notices applicable to the Services, all price schedules, and other supplemental documents that may supplement these TOS now or in the future. “User” means You, the Customer, and any employees or other persons to whom You grant access to Your Account. “User Content” means any Content that You send, submit, post, use or display in connection with the REALvision Online Services, for example Content in the Customer’s profile, design files, or videos.

Acceptance of Terms:

You may not use the Services without first agreeing to these Terms. By accessing or using the Platform and Services you agree to be legally bound by these Terms, and all terms, policies and guidelines incorporated by reference in these Terms including our Acceptable Use Policy below. If you do not agree with these Terms, you may not access the Platform or use the Services. Create it REAL, including its affiliates as applicable, reserves all of its rights at law and equity, including the right to block access to this Platform if you violate any of these terms. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization.

Update to Terms:

The Terms may be changed and updated from time to time by Create it REAL. Create it REAL will either provide you with updated terms or post updated terms on its website (https://realvisiononline.com/terms-of-service).

User Content & Permissions

When you use our Services, you provide us with User Content like your files for an example. That User Content is yours. These Terms do NOT give REALvision Online any rights to your User Content except for the limited rights that enable us to offer the Services. You grant REALvision Online permission to host your User Content, back it up, and share it when you ask us to. These and other features may require our systems to access, store, and scan your User Content. You give us permission to do so, and this permission extends to our affiliates and trusted third parties we work with. You grant REALvision Online permission to aggregate non-personal data generated from your account (such as print time, print success/failure rate, etc) to be used to analyze industry trends and to help us improve the services offered. For clarity purposes: While we need permission to access your User Content to provide you with our Services, REALvision Online does not claim ownership of the intellectual property associated with files uploaded to the system (such as STL files), or files created on the system (such as gcode files).

Sharing your User Content

Our Services may let you share your User Content with others, so please think carefully about what you share. Your responsibilities You are responsible for your conduct. Your User Content and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share Content unless you have the right to do so. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible for the User Content people upload, post, and share via the services we offer. Help us keep you informed and your User Content protected. Safeguard your password to the services, and keep your account information current. Do not share your account credentials or give others access to your account. You may use our services only as permitted by applicable law, including export control laws and regulations. Finally, to use our services, you must be at least 13 years old, or in some cases, even older. For example, if you live in France, Germany, or the Netherlands, you must be at least 16 years old. Please check your local law for the age of digital consent. If you do not meet these age requirements, you may not use the Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You agree to not transmit any worms or viruses or any code of a destructive nature.

Acceptable Use Policy

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose;
  11. to harass or abuse Create it REAL Aps personnel or representatives or agents performing services on behalf of Create it REAL Aps;
  12. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as REALvision Online’s other services, so please keep that in mind.

Optional Tools / 3rd Party Apps

We may provide you with access to third-party tools (3rd Party Apps) over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Our Services

The Services are protected by copyright, trademark, and other foreign laws. These Terms do not grant you any right, title, or interest in the Services, others’ content in the Services, REALvision Online trademarks, logos, and other brand features.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement, if they comply with the law, with standard processes as outlined via the DCA (Consolidated Danish Act on Copyright).

Paid Services Plan

Billing. You can add paid features to your Services Plan (turning your Services Plan into a Paid Services Plan). We will bill you from the date you convert to a Paid Services Plan and on each periodic renewal until cancellation. If you are on an annual plan, we will send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws. No Refunds. You may cancel your REALvision Online Paid Services Plan at any time. Upon cancelation, your Paid Services Plan will remain active until the end of the term you have paid for. At that time, your account will become a ‘Basic’ account (Free), and will be restricted to the features and thresholds available to that account tier. Refunds are typically only issued if required by law, or in cases of extenuating circumstances. For example, users living in the European Union have the right to cancel their Paid Services Plan subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Services Plan. Downgrades. Your Paid Services Plan will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Paid Services Plan on time, we reserve the right to suspend it or reduce the features and services available to you. Changes. We may change the fees for your Paid Services Plan, but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if:

  1. you are in breach of these Terms,
  2. you use the Services in a manner that would cause a real risk of harm or loss to us or other users, or
  3. you do not have a Paid Services Plan and have not accessed our Services for 12 consecutive months.

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your User Content from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services. We will not provide notice before termination where:

  1. you are in material breach of these Terms,
  2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  3. we are prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond REALvision Online’s control or to comply with a legal requirement.

Services “AS IS”

We strive to provide great Services, but there are certain things that we cannot guarantee. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability

REALvision Online, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL NOT BE LIABLE FOR: i. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (INCLUDING DAMAGE TO HARDWARE SUCH AS A 3D PRINTER), OR ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT REALvision Online OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, REALvision Online, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. REALvision Online AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH REALvision Online, OVER THE PREVIOUS 12 MONTHS.

Entire Agreement

These Terms constitute the entire agreement between you and REALvision Online with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

REALvision Online’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. REALvision Online may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Indemnification

You agree to indemnify, defend and hold harmless Create it REAL Aps. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Modifications

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.