Terms of Use

Last Updated Date: 29/03/2016
PhotoCore AG domiciled at Zürich, Switzerland, listed in the Commercial Registry Office of Kanton Zürich under the number CH-020.4.038.332-1, and VAT number 700-673412 (“PhotoCore”) provides its services through the websites accessible at www.photocore.ch and www.fovex.com, and any other website for which PhotoCore owns the domain registration (the “Site”), its proprietary image stitching software and 3D measurement and modeling software and the services made available by PhotoCore that allow you to access the PhotoCore services (collectively, the “Service”). These Terms of Use and which incorporate our Privacy Policy govern your use of the Service.
PhotoCore reserves the right, at its sole discretion, to change, add, or remove any part of these Terms of Use at any time without prior notice to you. We may, at our discretion, choose to notify subscribers to our newsletters of such changes. However, it is up to you to check these Terms of Use for changes. Continuing to use the Site after the posting of changes to the Terms of Use will constitute your acceptance of those changes.

1. Acceptance of the Terms of Use

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING OR POSTING ANY CONTENT (AS DEFINED BELOW) ON THE SERVICE, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR CONTENT. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase PhotoCore products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

2. Eligibility

The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.

3. Account Registration

In order to access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. PhotoCore reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. PhotoCore reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify PhotoCore of any unauthorized use of your Account.

4. Privacy

See PhotoCore’s Privacy Policy here for information and notices concerning PhotoCore’s collection and use of your personal information.

5. General Prohibitions

In using the Site, including all software, services, and resources available through it, you agree:
  • You will not use the Site in any way that could damage, disable, overburden, or impair any PhotoCore server, or the network(s) connected to any PhotoCore server (including linked sites), or interfere with any other visitor’s use and enjoyment of the Site.
  • You will not upload, e-mail, or otherwise transmit via the Site any potentially destructive, disruptive, or otherwise harmful programs, files, or code including viruses, Trojan horses, worms, cancelbots, time bombs, or any other form or designation of files or programs that may damage, impair, or alter the operation of a computer or network that is the property of PhotoCore or any third party.
  • You will not attempt to disrupt or interfere with the security, integrity of the Site and/or its content and its content delivery, or otherwise cause harm to the Site, any resources provided for Site visitors, user or administrator accounts, passwords, servers, or networks connected to the Site or accessible through it. The same applies to any linked sites.
  • You will not attempt to gain unauthorized access to services, materials, visitor information and accounts, computer systems, or networks connected to any PhotoCore server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available via the Site.
  • You will not use false identity information when registering for subscriptions, downloads, or product licenses. You will maintain and promptly update the registration data to keep it true, accurate, current and complete.
  • You will not remotely harvest or otherwise collect information about others, including e-mail addresses, nor will you use e-mail addresses published on this site for the purpose of sending any type of unsolicited e-mail communication whose origin has been disguised or falsified.
  • You will not Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
  • PhotoCore will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. PhotoCore may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that PhotoCore is actively monitoring any user’s access to or use of the Site, Content, Files and Services for the purpose of operating the Site and the Services, to ensure users’ compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

6. Use of Site content

Unless specifically indicated elsewhere on the Site, you may view, download, and print the Site’s content subject to the following conditions:
  • The rights granted to you for use of the Site’s content constitute a license and not a transfer of title.
  • You may use Site content only for personal, informational, and internal purposes.
  • You may not remove any copyright or other proprietary notices displayed or contained in the Site’s content.
  • You may not modify or alter the Site’s content in any way.
  • You may not distribute, sell, lease, rent, or relicense the Site’s content to others.
  • PhotoCore reserves the exclusive right to revoke authorization to view, download, and print the Site’s content at any time, and you shall discontinue such use immediately upon notice from PhotoCore.

7. Intellectual Property Rights and Licenses

The Site content, including software and related documentation, as well as the selection and arrangement of Site, are protected by copyright, trademark, patent, and/or other intellectual property laws. Unauthorized use of the Site’s content may violate such laws and these Terms of Use.

Except as expressly stated in this document, PhotoCore and/or its suppliers do not grant any express or implied rights to use the Sites’s content. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its content (including downloaded software or other products), except as expressly authorized in the Terms of Use. Also, you agree not to use any data mining, robots, or similar data harvesting and extraction methods in connection with the Site.

8. Use of software

The software and accompanying documentation that is available for download from the Site is the copyrighted and/or patented work of PhotoCore and/or its suppliers. Use of the software is governed by the terms of the license agreement that is included with such downloaded software. You will not be able to install any software that is accompanied by or includes a license agreement unless you agree to the terms of the included license agreement. If you do not agree to the terms of the included license agreement, you will not be able to install the software.

If no license agreement accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

9. Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PHOTOCORE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PHOTOCORE MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PHOTOCORE MAKES NO WARRANTY THAT PHOTOCORE WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND PHOTOCORE RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE WITHOUT NOTICE TO YOU. PHOTOCORE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOCORE OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.

10. Indemnity

You agree to defend, indemnify, and hold PhotoCore, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Content, or your violation of these Terms of Use.

11. Limitation and Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. NEITHER PHOTOCORE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOTOCORE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL PHOTOCORE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHOTOCORE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.