Terms of Use | Novaby

Welcome! We are Novaby Ltd. SPC, a woman and minority-owned Social Purpose Corporation registered in the State of Washington, USA. We provide digital products and services including augmented, virtual, and extended reality applications and experiences that blend digital content with your real world surroundings. In order to do this, we need to collect information about you and your device. The experiences may also need to access your camera, location and photo library in order to operate as intended.

These Terms of Use (herein referred to as “Terms”) constitute a legally binding contract that governs your use of the Application and associated Services and Content.

Your continued use of our digital products constitutes your agreement to these Terms.

SAFE AND APPROPRIATE USE

Please be mindful of your surroundings and safety while using this App and Services. You agree that your use of this Application is at your own risk. You agree to abide by the following rules and regulations:

You will not engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind or encourage others to do so.

Do not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be.

Stay on the paths and walkways, and be aware of your surroundings at all times when using the Applicatioin. In many areas, ground surfaces may be uneven and vehicles may move through areas shared by pedestrians.

Respect the artwork. Touching the sculptures is allowed, but please do so carefully to protect the artwork and prevent injury.

Commercial photography and videography of the artwork are prohibited. Personal photography is permitted but may not be used commercially.

All applicable federal, state, and local laws apply.

AMMENDMENTS

Novaby may modify or amend these Terms at any time. Amendments will be posted herein. Amendments become effective upon posting.

ARBITRATION

You agree to submit any claims that you have against us to a binding, final arbitration on an individual basis.

DEVICE REQUIREMENTS

This Application is designed for iPhone 8 and above and Android users. In order to utilize the augmented reality (AR) features your device must be AR capable. You can find a list of AR capable devices on the Apple and Android websites.

RIGHT TO TERMINATE SERVICES

At any time and for any reason, we may immediately terminate this agreement; stop offering our Service to you; or deny you from accessing our Services. All Terms shall survive and you will still be bound by them.

LIMITED LICENSE TO USE

Novaby grants you a limited, nonexclusive, non-transferable, non-sublicensable license to download and install a copy of the Application on a mobile device for your own personal, non-commercial use. You may not copy, modify or create derivative works based on the Application. You may not distribute, transfer, sublicense, lease, lend or rent the Application to any third party. You may not reverse engineer, decompile, or disassemble the Application or make the functionality of the Application available to multiple users outside of any multi-user capabilities native to the Application. Novaby reserves all rights to the Application not expressly granted to you under these Terms.

You acknowledge that the Services and Content within the Application are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge that Novaby and all parties involved in the creation of this Application own the intellectual property herein in accordance with their contractual agreements. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application. Novaby grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable revocable, limited license to download, view, display images of text, graphics, photos, videos and interactions within your personal communication channels. Novaby, The AMP, artists and other authoring parties shall be clearly credited.

FEEDBACK

You may submit feedback to us via email at makeitreal@novaby.com.

THIRD PARTY WEBSITES AND RESOURCES

The Application contains links to third party websites and resources. Novaby provides these links only for convenience and is not responsible for the content, products or services on or available from those websites or resources, or links displayed on those websites. You assume all risk arising from your use of any third-party websites or resources.

ASSIGNMENT

We may assign this agreement to any person or entity at any time. You may not assign this agreement to another person or entity without our written, signed consent.

DISCLAIMER OF WARRANTIES

You agree that the Services and Content provided via this Application are provided “as is” without any warranty of any kind. We make no claim that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, neither Novaby nor any other party involved in creating, producing, or delivering the Application and associated Services or Content will be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruptions, computer damage or system failure or the costs of substitute services arising out of the download or use of the Application.

SEVERABILITY

If any provision of these Terms is held in violation or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

FORCE MAJEURE

Neither Novaby, any user, nor any other party involved in creating, producing or delivering the Application or its associated Service or Content shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, floor, acts of terror, foreign entity, server or network failure, governmental order or regulation, trade dispute or any other cause beyond its respective control.

CONTACT INFORMATION

If you have any questions about these Terms, please contact Novaby Ltd. SPC at makeitreal@novaby.com