golivecard

Terms

Terms of Service

Last change on 28, February 2019.

The golivecard™ application (“Application”, “App”), the associated products (“Product”, “Products”) and product designs (“Designs”) marketed using golivecard™ and Moments coming to life™ trademarks and the website golivecard.com (“Website”) are operated by Proširena Stvarnost j.d.o.o. Throughout the App and the Website, the terms “we”, “us” and “our” refer to Proširena Stvarnost j.d.o.o. offers the App, Website, Products and the associated properties, including, but not limited to, our social media and other promotional channels, including all information, tools and services available through them to our customers (collectively or individually “you”, “user”, or “users”) provided that you accept all the terms, conditions, policies and notices stated herein.

By downloading the App and/or visiting the Website or by purchasing a Product from us or from one of our licensed partners, you engage in our service (“Service”, “Services”) and agree to be bound by the terms and conditions (“Terms of Service”, “Terms”) stated below, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the App, the Website and the Products, including, without limitation, users who are browsers, vendors, customers, consumers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App, Website or any other associated Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Section 1 - General Conditions

1.1. By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this Service.

1.2. We reserve the right to immediately terminate or refuse Service to anyone who we believe may be breaching or violating any of the Terms at any time. We reserve the right but are not obligated, to limit the sale of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any Products or Services that we offer. We reserve the right to discontinue any Products at any time. An offer for any Products or Service offered via our Service is void where prohibited.

1.3. You understand that your content (not including payment information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes in order to conform and adapt to the technical requirements of connecting networks or devices. Credit card and/or other payment information is always encrypted during transfer over networks. For additional information on privacy please consult our Privacy Policy.

1.4. You agree not to reproduce, duplicate, copy, sell, resell, modify, reformat, distribute, transfer, license or publish any content or Service provided or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Web or the App through which the Service is provided, including, but not limited to, the Products, the Design of the Products, the multimedia and trademark content associated with the Products, including, but not limited to, video, audio, photo and text content, the logos (golivecard™) and its associated artwork, slogans (Moments coming to life™) and/or any other related materials without a written permission from us.

1.5. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, religion, sexual orientation, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that would affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related Products or Service in case you engage in any of the prohibited uses.

1.6. Certain Products or Services may be available exclusively through the App, Website and its associated properties, at selected POS locations, via our licensed partners or at a venue or an event. These Products or Services may be limited in quantity and are subject to return or exchange only according to our Return Policy.

1.7. We make every effort to display as accurately as possible the colors, images and the Design of our Products as they physically appear. However, we cannot guarantee that your mobile device's or desktop’s display of any color will be accurate or identical to the one on the actual printed Products. We do not warrant that the quality of any Products, Services, information or other material purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.

1.8. The failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such a right or provision.

1.9. These Terms of Service and any policies or operating rules posted by us on our Website or in the App or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

1.10. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 2 - Usage

2.1. Products, also known as golivecards™, are high quality printed products that, when used in relation to the App, can deliver video content. Video content is delivered via the App when the user of the App first scans the QR code, then the image associated with the Product, whereupon the video content is displayed on the surface of the image is observed through the screen of the mobile device running the App using Augmented Reality (“AR”) technology. Products include: seasonal, every day and tourist postcards, wall calendars, planners and agendas, business cards, magnetic paper postcards, fridge magnets, greeting cards, wedding photo books, wedding save the date, invitation and thank you cards, t-shirts, event invitations, books, and others.

2.2. Please refrain from using our Service, including, but not limited to, the sending of Products, to send unsolicited mail and spam to other users of our Service or any individual or entity. Do not use the Services provided in the App and/or the Website to harass, threaten, stalk or abuse any individual or entity. You may not solicit funds within the Service. You may not promote any commercial activity through our Service without our prior written consent.

2.3. When you use our Service in any way, such as to create and mail Products or deliver any multimedia content via our Services, you shall comply at all times with all applicable Croatian and EU laws, statutes, regulations, and ordinances and shall not take any action that harms and violates the rights of any person or entity. If you use our Service outside the EU or create and mail any Product or deliver any multimedia content via our Services outside the EU, you shall comply with the laws of the country or countries from which and to which the Product or multimedia content is delivered.

Section 3 - Promotions and Refund Policy

3.1. We reserve the right to issue free Products or Services and/or offer promotional discounts at our discretion. We also reserve the right to cancel the free Products and promotional discounts at any time.

3.2. To view our Refund Policy as a separate document, please go to our Website.

Section 4 - Purchasing and Receiving Postcards

4.1. Products can currently be purchased at selected POS locations such as souvenir shops and retail stores around the world or directly from us or one of our licensed partners. Please visit our Website or reach out to us directly for the most recent information on the list of POS locations where the Products are currently being sold.

4.2. Products can also be purchased or received as part of a promotion by one of our customers, partners or partner’s customers.

Section 5 - Scanning AR Printed Products Via the App

5.1. To scan the Products, you need to download the App (search “golivecard” at App Store or Google Play markets) after which just tap the “Scan” button and follow instructions (scan the QR code and then scan the image). The video content should start reproducing shortly.

5.2. When scanning the Products via the App, you confirm that you understand and agree that each Product can be scanned without signing into the App a limited number of times (“Guest Limit”) for free each month for a duration of 1 year (“Activity Period”) following the date when the Products are delivered to the customer. At that moment (“Expiry Time”) the Products become inactive. We reserve the right to offer you at a later date an option to purchase the scanning right after the Expiry Time or in case if you reach the Guest Limit at any moment during the Product’s Activity Period for the remaining time until the end of the current month. We also reserve the right to limit the scanning right at any moment to the signed in users only, regardless of whether the scanning limitation or the sign in capabilities are available at that moment in the App or not.

5.3. We reserve the right to change the Guest Limit and the Activity Period at any time without prior notice. You understand and agree that after any such change, those Limits will be applied to all active Products (those that haven’t become inactive as per 5.2.).

5.4. When scanning the Product via the App, you confirm that you understand and agree that we do not guarantee that the display of video content leveraging AR technology as described in 2.1. will work on your mobile device. The success of the scanning process depends on several factors and conditions including, but not limited to:

(a) the light conditions (the Product needs to be well lit across the QR code and the associated image, ideally by natural light)

(b) the stability of the mobile device relative to the Product while scanning it using the App

(c) the amount of available memory allocation on your mobile device

(d) the stability of the WiFi access points and other networks you use to connect your mobile device to the internet and the availability of any third-party services we use to provide our Service

(e) the access restrictions on your mobile device (i.e. the access to the camera)

(f) the scanning limit restrictions as set in 5.2 and 5.3

(g) compatibility with your mobile device (as of today we support iPhone 4S and higher as well as most of the Android devices supporting OS versions 4.1 and higher)

(h) intermittent disruptions such as meteorological conditions, electromagnetic phenomena, natural disasters etc.

Section 6 - Accuracy, Completeness, and Timeliness of Information

6.1. We are not responsible if the information made available in our Service is not accurate, complete or current. The materials used as part of our Service are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the materials in our Service is at your own risk.

6.2. Our Service may contain certain historical information. Historical information is, necessarily, not current and is provided for your reference only. We reserve the right to modify the contents of our Service at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Service, including, but not limited to, making sure you use the newest version of the App on the App Store and Google Play Stores.

Section 7 - Modifications of the Service and Prices

7.1. The prices of our Products and Services are subject to change without notice.

7.2. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

7.3. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 8 - Third-Party Providers, Links, and Services

8.1. We use third-party providers to offer you our Service and your acceptance of these Terms indicates your express consent to their Terms of Use. Our App is published by Altered Views Inc. and hosted on the App Store by Apple Inc. and on the Google Play by Google Inc. Our App uses Unity® by Unity Technologies. Our print and mail services are delivered via licensed partners. AR technology used in our App is provided by PTC® (“PTC”) via the Vuforia™ Software Development Kit. Also, please pay particular attention to the following provisions related to the use of the PTC Vuforia™ Software and Services:

8.1.1. You consent to the collection, storage, and use by PTC and its affiliates and service providers of Statistics and, if applicable, Camera Views from the Software and the transfer of Statistics (and Camera Views if applicable) between PTC and its affiliates and service providers (which may be in the United States or in other countries), in each case for the purposes of (a) providing the Software and Services, (b) facilitating the provision of new Products, updates, enhancements and other Services, (c) improving the Software, the Services, and other Products, Services and technologies, and (c) providing new Products, Services or technologies customers of PTC or its affiliates; and

8.1.2. You are advised of the hazards of using a camera based application while driving, walking, or otherwise by being distracted or disoriented from real-world situations; and

8.1.3. You agree not to use the App to capture Camera Views that comprise, constitute or depict profanity, nudity, pornographic images or explicit sexual themes, or defamatory or libelous statements, material that infringes the intellectual property of any person or entity, material that infringes upon the privacy or data protection rights of any person, or material considered illegal or objectionable. In addition, you agree not to provide or submit facial images, except if and to the extent that you have obtained the legally-binding consent of the subject in advance, provided that such consent must be documented by us and must be sufficient to permit PTC and its affiliates and Service providers to collect, store, use and transfer such images as described in the Agreement available here.

8.1.4. You are subject to the provisions of Section 4.1 and 4.2 of the Agreement referred to in 8.1.3.

8.2. Certain content, Products, and Services available via our Service may include materials and/or Services from third parties. Third-party links on our Website and/or App may direct you to third-party websites that are not affiliated with us which we neither monitor, control nor provide input for.

8.3. We are not responsible for examining or evaluating content or accuracy and we do not warrant, or have any liability or responsibility for, any third-party materials or websites, nor for any other materials, Products or Services of third parties.

8.4. We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party Products should be directed to the third party.

Section 9 - Product Orders and Accuracy of Billing and Account Information

9.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, company or per order. These restrictions may include orders placed by or under the same customer account, credit card or billing and/or shipping address. In the event that we make a change to an order or cancel it, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors which are not licensed to sell our Products or offer any of our Services.

9.2. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Service, by our partners or by our partner’s third-party Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

Section 10 - New Services

10. We may, in the future, offer new Services and/or features through the App or the Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Section 11 - User Comments, Feedback, and Other Submissions

11.1. If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively: “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence, (b) to pay compensation for any comments or (c) to respond to any comments.

11.2. We may, but have no obligation to, monitor, edit or remove content that we, at our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

11.3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material nor any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 12 - Personal Information and Privacy Policy

12. Your submission of personal information through the Service is governed by our Privacy Policy. To view our Privacy Policy, please go to our Website.

Section 13 - Errors, Inaccuracies, and Omissions

13.1. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Products descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).

13.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Products or Service should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Disclaimer of Warranties and Limitation of Liability

14.1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

14.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

14.3. You agree that, from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

14.4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of payment-ability, payment-able quality, fitness for a particular purpose, durability, title and non-infringement.

14.5. In no case shall Proširena Stvarnost j.d.o.o., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any Services or Products procured using the Service, or for any other claim related in any way to your use of the Service or any Products, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Products) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 15 - Indemnification

15. You agree to indemnify, defend and hold Proširena Stvarnost j.d.o.o. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your breach of these Terms of Service or the documents they incorporate by reference, as well as due to or arising out of your violation of any law or the rights of a third party.

Section 16 - Severability

16. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

17.1. The obligations and liabilities of the parties assumed prior to the termination date shall survive the termination of this agreement for all purposes.

17.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our App and the Website.

17.3. If, according to our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, whereas you shall remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

Section 18 - Governing Law

18.1. These Terms, all transactions contemplated hereby and any action related thereto, shall be governed by, construed and enforced in accordance with the laws of Croatia and EU without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the Croatia and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. 

Section 19 - Changes to the Terms of Service

19.1. You can review the current version of the Terms of Service at any time at our Website.

19.2. We reserve the right to, at our sole discretion, update, edit or replace any part of these Terms of Service by posting updates and changes to our App or Website. It is your responsibility to check our App and Website periodically for changes. Your continued use of or access to our App, the Website or the Service following the posting of any changes to these Terms of Service constitutes the acceptance of such changes.

Section 20 - Contact Information

20.1. Questions about the Terms of Service should be sent to us at support{at}golivecard.com, containing “Terms of Service” or “Terms” in the title.

20.2. If you experience any issues with the App or any other part of our Service, please consult the FAQ and/or Support via the App or the Web and it will be our pleasure to assist you and hear from you. For all other inquiries please write to us at support{at}golivecard.com.