Terms of Service
Please read all the terms and conditions of this agreement with EXAR Studios Inc. (“EXAR”) carefully. By clicking “I agree”, by using the EXAR service, or by signing a document that refers to these terms you agree to be bound by the terms and conditions of this agreement, even if you have not read them. It is important to read this entire agreement. In particular, it contains provisions that may limit your rights, such as the section entitled Limitations.
Copyright © 2021 EXAR Studios Inc. All rights reserved. The contents of the EXAR website and applications (collectively the “Service(s)”) are owned by and copyrighted by EXAR and may contain trademarks of EXAR and others. You may print, copy or save portions for your own use only - provided that all copyright and trademark provisions remain intact. EXAR has no property interest in photographs or videos that you take through the Services.
Unauthorized use of any portion beyond that contained in the previous paragraph may violate copyright, trademark and other laws.
While EXAR uses reasonable efforts to maintain the Services in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on the Service, and may make changes thereto at any time in its sole discretion without notice. All information contained therein is provided to users “as is”, “with all faults,” “as available” and at your sole risk.
How EXAR Works
EXAR’s Service is an augmented reality application. Limited portions of the Service may be available for use without registering with EXAR. To use the Services beyond that, users must create an account using an email address and password. User must allow the Services to use the camera and location services on their device and must allow the application to communicate with EXAR servers.
Users must use the Services responsibly, safely, and in accordance with applicable laws. For example, and without limitation, users should not use the Services while driving and should be mindful of the privacy and publicity rights of others they may photograph while using the Services. Users are responsible for all activity they conduct while using the Service. Users will not use the Services for purposes proscribed by EXAR from time to time, including without limitation:
- Illegal or inappropriate purposes
perpetration of security breaches;
hacking; privacy breaches;
distribution of viruses or other harmful code;
transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment;
or to interfere with any other person’s use and enjoyment of the Services.
If you believe that anything displayed on the Service offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email EXAR at the email address at the bottom hereof. We will take actions we believe are appropriate in the circumstances.
Login Information and Passwords
It is your responsibility to protect login information and passwords, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep login information and passwords confidential. You may not use a login ID that suggests you are someone you are not. You are responsible for any activity that occurs under your login ID. You will advise EXAR immediately if you discover any compromise of your passwords or suspect unauthorized use of the Service using your identity.
All promises made by EXAR are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.
You cannot collect any damages from EXAR for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) for any damages of any kind (whether direct, indirect, incidental, special, consequential, or punitive or otherwise).
EXAR relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
This Service is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against EXAR shall take place in the courts of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
Content and Links
Some content provided through the Services is provided by third parties, who may pay EXAR for the inclusion of that content. EXAR is not responsible for any content on the Service provided by third parties or anything on any sites that the Services may link to. The provision of third-party content and links does not imply any endorsement by EXAR of that content or sites.
Changing These Terms or Termination
EXAR may change these terms by posting notice on the Services. These terms were last revised on August 14, 2020.
EXAR may terminate use of the Services for any user that violates this agreement.
EXAR is not liable for any failure to perform, omission, or delay in the execution of their obligations hereunder caused by an event beyond its reasonable control or changes in legal regulation. EXAR may extend the time for performance by a reasonable time if an extension is feasible in their discretion.