Website & Online Demonstration
Terms of Service
1. USE OF SERVICES
Vizago Research GmbH ("VIZAGO") offers an online 3D face reconstruction and modification service and a corresponding website ("3DFACESERVICE"), defined below, to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws from any applicable jurisdiction. As part of the registration process to access certain services, you are required to provide current, true & accurate identification, contact and other information and maintain and promptly update such information to keep it true. You are responsible for your account password and for all activities that occur under your account. You agree to immediately notify VIZAGO of any unauthorized use of your password or account or any other breach of security. VIZAGO cannot and will not be liable for any loss or damage from your failure to provide us accurate information or to keep your password secure.
2. ACCEPTANCE OF TERMS
By accessing and using the VIZAGO services, you accept and agree to be bound by this Terms of Service ("TOS"), which may be updated by us without notice to you. You can review the most current version of the TOS at any time online at http://www.vizago.ch/tos.php. VIZAGO may offer other services that are governed by different Terms of Service.
3. DESCRIPTION OF VIZAGO'S SERVICES
The 3DFACESERVICE is provided to you for the intention to demonstrate technological advancements and methods invented, adapted, researched or licensed by VIZAGO. The service is not for commercial use and for demonstration purposes only. In detail 3DFACESERVICE may allow you to upload images of human faces from which 3D shape and texture data are reconstructed. These reconstructions then can be used for further processing, manipulation or creation of images, 3D data or video, for instance replacing faces in other persons images or alter the pose, expression, color or lighting of the face in the original image.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that you, and not VIZAGO, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via 3DFACESERVICE. You understand that by using 3DFACESERVICE you may be exposed to Content that is offensive, indecent or objectionable and that you use 3DFACESERVICE at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using 3DFACESERVICE and for any consequences thereof. You agree to use 3DFACESERVICE only for purposes that are legal, proper and in accordance with the TOS and any applicable laws, policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts 3DFACESERVICE or servers or networks connected to 3DFACESERVICE. Users outside of Switzerland agree to comply with their own local rules and laws regarding online conduct and acceptable content, including import and export regulations to and from Switzerland or your country of residence. You agree to not use VIZAGO's services to upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; to harm minors in any way; to impersonate any person or entity, including, but not limited to, a VIZAGO official or administrator or otherwise misrepresent your affiliation with a person or entity; to manipulate identifiers in order to disguise the origin of any Content transmitted to 3DFACESERVICE; to upload, post, transmit, or otherwise make available any Content that you do not have a right to make available, infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; to upload, transmit, or otherwise make available unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation; to upload,transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware. You acknowledge that VIZAGO may or may not pre-screen Content. VIZAGO shall have the right, but no obligation, in their sole discretion to pre-screen, refuse, or remove any Content that is available via 3DFACESERVICE. You acknowledge that you may not rely on any Content created by 3DFACESERVICE or submitted to 3DFACESERVICE.
5. Privacy Policy
For information about our data protection practices, please see our Privacy Policy at http://www.vizago.ch/privacypolicy.php
By using 3DFACESERVICE, you acknowledge and agree that VIZAGO may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to satisfy any applicable law, enforce this TOS, detect and prevent fraud, security or technical issues or protect against imminent harm to the rights, property or safety of VIZAGO, its users or the public as required or permitted by law.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You understand that the technical processing and transmission of your Content may involve transmissions over various networks and changes to conform and adapt to technical requirements. You agree that VIZAGO has no responsibility or liability for the deletion or failure to store any Content maintained or stored by 3DFACESERVICE. You acknowledge that VIZAGO may establish general practices and limits concerning use of 3DFACESERVICE including the amount of Content stored and processed by 3DFACESERVICE as well as automatic deletion of any Content. You agree that VIZAGO has the right, at its sole discretion, to limit the number of transmissions you may send or receive through 3DFACESERVICE or the amount of storage space, or other resources you may use, and VIZAGO has the right to terminate or suspend your account based on usage that exceeds these limits.
7. Proprietary Rights
VIZAGO'S Rights
You acknowledge and agree that VIZAGO services including 3DFACESERVICE and any necessary software used in connection with those services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. VIZAGO grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to 3DFACESERVICE. You agree not to access 3DFACESERVICE by any means other than through the interface that is provided by VIZAGO. You further agree not to remove, obscure or alter VIZAGO or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to the Software. You acknowledge and agree that third parties , may own right, title and interest in and to Content hosted on 3DFACESERVICE or otherwise presented to you through 3DFACESERVICE, and that this Content may be protected by applicable intellectual property and other laws and treaties.
Your Rights
VIZAGO claims no ownership or control over any Content submitted or displayed by you on or through 3DFACESERVICE. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through 3DFACESERVICE. By submitting, posting or displaying content through 3DFACESERVICE you grant VIZAGO a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through 3DFACESERVICE and other VIZAGO services.
8. NO COMMERCIAL REUSE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of 3DFACESERVICE, use of 3DFACESERVICE, or access to 3DFACESERVICE.
9. MODIFICATIONS OF SERVICE
VIZAGO reserves the right to modify or discontinue 3DFACESERVICE without notice. You agree that VIZAGO shall not be liable to you or to any third party for any modification, suspension or discontinuance of 3DFACESERVICE.
10. TERMINATION
You may terminate your 3DFACESERVICE account by submitting such termination request to VIZAGO.
You agree that VIZAGO may, at its sole discretion, without prior notice, immediately terminate, limit your access to or suspend your 3DFACESERVICE account and any associated Content.
11. LINKS
VIZAGO or any third parties may provide links to other World Wide Web sites or resources. You agree that VIZAGO is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content available from such sites or resources.
12. INDEMNITY
You agree to hold harmless and indemnify VIZAGO, and its affiliates, employees or partners, from and against any third party claim arising from or in any way related to your use of 3DFACESERVICE, violation of this TOS or any other actions connected with use of 3DFACESERVICE.
13. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of 3DFACESERVICE is at your sole risk. 3DFACESERVICE is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, VIZAGO expressly disclaims all warranties and conditions of any kind, whether express or implied.
VIZAGO does not warrant that 3DFACESERVICE will meet your requirements, 3DFACESERVICE will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of 3DFACESERVICE will be accurate or reliable, that the quality of any products, services, information, or other material obtained by you through 3DFACESERVICE will meet your expectations and that any error in the software will be corrected.
No advice or information obtained by you from VIZAGO or through 3DFACESERVICE shall create any warranty not expressly stated in the Terms of Services.
14. LIMITATIONS OF LIABILITY
You expressly understand and agree that VIZAGO shall not be liable to you for any damages resulting from the use or the inability to use 3DFACESERVICE, unauthorized access to or alteration of your transmissions or data, or any other matter relating to 3DFACESERVICE.
15. EXCLUSIONS AND LIMITATIONS
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
16. NOTICE
You agree that VIZAGO may provide you with notices, by email, regular mail, or postings on 3DFACESERVICE.
17. PLACE OF JURISDICTION AND APPLICABLE LAW
Subject to mandatory places of jurisdiction under federal law, exclusive place of jurisdiction for all disputes arising out of this Terms of Service is Basel, Switzerland.