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3DvCard

Linking real world media to mobile devices

Terms & Conditions

3DvCard.com is owned and maintained by Kane Research Limited

Terms and conditions for using our services

Note: if you breach these terms and conditions, your web page(s) and files may be removed from our server without notice.

Introduction


For the purposes of this agreement, 'Kane Research Limited' refers Kane Research Limited', a registered UK company, Company No 02465133.

This Agreement constitutes the entire agreement between the Customer as an authorised user and Kane Research Limited and by using Kane Research Limited's services, the Customer accepts, and agrees to be bound by, this Agreement.

Agreement to Terms and Conditions


This Agreement takes effect on the date on which the Customer first uses or tests services provided by Kane Research Limited or when the Customer pays for their services (including paying a deposit), whichever is the earliest.

From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.

We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.

The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.

Information Provided by the Customer


The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any Kane Research Limited service is correct, and the Customer agrees to notify Kane Research Limited of any changes in name, address and/or payment details.

The Customer agrees that Kane Research Limited may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.

The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use Kane Research Limited's services in accordance with this Agreement.

The Customer agrees to be responsible for the use of Kane Research Limited and to comply with their responsibilities and obligations as stated in this Agreement.

Customers Responsibilities with Regard to Copyright


In situations where the customer provides images, text, animations or any other content for their web page or and 3DvCard images they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Kane Research Limited in the construction of the web page and 3DvCard images may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single web page and may not be used in publicity material.

The web page and 3DvCard owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

It is the customers responsibility to supply all images to be used on the web page or and 3DvCard images , Kane Research Limited holds no responsibility for any demo images used in the initial design concepts which the customers chooses to leave on the design and re-use in the final web page and 3DvCard images .

It is customer's responsibility to ensure that all images used in any design are legal or copyright free. Kane Research Limited ltd will not be held responsible, in anyway, for copyrighted content (text, images, videos etc) used on the web page or 3DvCard images .

Usage


Kane Research Limited will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages and 3DvCard images are subject to withdrawal without notice by Kane Research Limited upon complaint about their content where Kane Research Limited at their sole discretion deem this necessary.

The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages and 3DvCard images .

The Customer warrants that they are authorised to promote any information which they do so on their web pages and 3DvCard images (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc).

The Customer agrees to keep secure their Kane Research Limited identification, password and other confidential information relating to their account, if they have been supplied with such information.

Kane Research Limited cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform Kane Research Limited and steps will be taken both to try and prevent it and to notify the proper authorities.

The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform Kane Research Limited immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with Kane Research Limited and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.

The Customer is entirely responsible for the content of their web pages and associated files. The Customer may not, under any circumstances, use Kane Research Limited to do any of the following:



If the Customer posts a defamatory/libellous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for Kane Research Limited's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify Kane Research Limited for any damages which are awarded against Kane Research Limited by a court of law or which Kane Research Limited pays as a result of settling such an action upon Counsel's advice.

The Kane Research Limited network may only be used for lawful purposes by the Customer. The Customer acknowledges that Kane Research Limited is unable to exercise control over the content of the information passing over the Kane Research Limited connection, and Kane Research Limited shall not be liable for any posting, transmission or reception of information which infringes any UK law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. Kane Research Limited cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time.

Termination


Kane Research Limited may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice.

Where Kane Research Limited terminates the Customer's subscription with cause, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.

Kane Research Limited expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should Kane Research Limited deem such action necessary to protect Kane Research Limited and in such circumstances Kane Research Limited will confirm such termination or suspension by subsequent notice.

Save for any refund of unused parts of the subscription as above, the Customer will not be entitled to any compensation whatsoever in the circumstances of termination and Kane Research Limited will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, Kane Research Limited may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.

Use of Material for Advertising


Kane Research Limited will not distribute web pages or 3DvCard images outside Kane Research Limited without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to Kane Research Limited may be used in such manner and for such purposes.

Charges


The Customer agrees to pay all charges for their use of Kane Research Limited hosting services at the prices in effect at the beginning of their subscription period or the anniversary thereof. In some cases, an administration charge may apply.

All web pages, scripts, databases, graphics or other digital products created by Kane Research Limited remains the property of Kane Research Limited until payment for such products is received in full. In certain circumstances Kane Research Limited will allow the customer to have an agreement to use a script owned by Kane Research Limited whilst the customer remains hosted on Kane Research Limited servers.

Payment terms are strictly 14 days except payments for domain name registrations which must be paid for in advance of Kane Research Limited making the registration. Kane Research Limited reserve the right to remove digital content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (these include 3DvCard images email forwarding, web server statistics and FTP access) if payment is not received during this time.

Kane Research Limited reserves the right to change prices or institute new charges for use of Kane Research Limited at any time.

Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.

Payment


Payment terms: Payment is currently accepted by cash, cheque, or bankers draft in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of 25.



Payment of any balance will be due within 30 days of final invoice date. Full publication of the Web Pages and 3DvCard images may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of 50 will be required to have the site restored.

Late Payment: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding.

Future Support:


The web page or 3DvCard images is provided to and accepted by the customer as a fully functioning, completed work. Kane Research Limited is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

Refunds


Refunds will be given solely at the discretion of the Company Management.

Advertising on a Kane Research Limited hosted web site and 3DvCard images


If the Customer advertises or offers to sell goods or services via their web pages or 3DvCard images , they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.

Search Engine Promotion


Kane Research Limited are not responsible for the customer's on-going web site or business promotion. Should the customer require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which web pages are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.

Delivery Policy


As all our products are none tangible no physical delivery takes place.

Refund / Cancelation Policy


Written confirmation of cancellation (which can be in the form of Email) is required within 7 working days from the day after the day on which the contract is concluded The full price paid for the goods will be refunded within 30 days of cancellation.

Exclusion of Warranties and Limitation of Liability


Kane Research Limited and all Kane Research Limited services are provided "as is," and Kane Research Limited makes no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof.

Kane Research Limited will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Kane Research Limited make no representations or warranties regarding the services provided by them and do not warrant that use of Kane Research Limited will be uninterrupted or error-free, or that Kane Research Limited services will meet any particular criteria of performance or quality.

Kane Research Limited will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however Kane Research Limited accept no responsibility for any loss or damage to data or the loss thereof.

Kane Research Limited expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

The Customer's use of Kane Research Limited services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.

Notwithstanding contrary clauses in this Agreement, in the event that Kane Research Limited are deemed liable to the Customer for breach of this Agreement, the Customer agrees that Kane Research Limited's liability is limited to the amount actually paid by the Customer for their subscription. The Customer hereby releases Kane Research Limited from any and all obligations, liabilities and claims in excess of this limitation.

Responsibility


We are not responsible for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that Kane Research Limited will not be liable for any possible damages or losses incurred in connection with the use of the system, even if Kane Research Limited have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify Kane Research Limited and hold Kane Research Limited harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay Kane Research Limited where claims are made against us or our system by other callers or third parties.

The Customer agrees to indemnify Kane Research Limited from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages or 3DvCard images , including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

Kane Research Limited will notify the Customer promptly of any claim for which Kane Research Limited seeks indemnification at the currently supplied address. Kane Research Limited will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to Kane Research Limited's interests, as reasonably determined by Kane Research Limited and/or their lawyers.

Notices to Kane Research Limited may be sent by the Customer to Kane Research Limited's electronic-mail address, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , or conventional mail and must be confirmed via conventional mail.

General Terms and Law


Kane Research Limited reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility.

Kane Research Limited cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by Kane Research Limited.

Kane Research Limited cannot guarantee that the customer will receive any email, online orders, bookings, visitors, and so forth to their web pages or web site.

If Kane Research Limited suspects illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system.

The Customer acknowledges that no joint venture, partnership, employment, or agency relationship exists between the Customer and Kane Research Limited as a result of their use of Kane Research Limited. The Customer agrees not to hold themselves out as a representative, agent or employee of Kane Research Limited. The Customer agrees that Kane Research Limited will not be liable by reason of any representation, act or omission to act by the Customer.

Kane Research Limited's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Kane Research Limited's right to comply with law enforcement requests or requirements relating to a Customer's use of Kane Research Limited or information provided to or gathered by Kane Research Limited with respect to such use.

Intellectual Property


All Content included on the customers' web page and 3DvCard images , unless uploaded directly by the customer, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Kane Research Limited ltd. By continuing to use the web page or 3DvCard images the customer acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

The customer may not copy, distribute, reproduce, store or in any other fashion re-use material from their web page or 3DvCard images unless given express written permission to do so by Kane Research Limited ltd.

Severability


If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

Entire Agreement


This Agreement constitutes the entire agreement between Kane Research Limited and the Customer with respect to the Customer's use of Kane Research Limited and the Kane Research Limited subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Kane Research Limited and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.