Terms & Conditions
About These Terms
1.1 This Agreement is entered into by and between you and Altered Teapot Corporation in relation to the use of ARKitchen. You agree that by accessing our mobile application, you are binding to this Agreement. In addition, when using our ARKit1chen, you may be subject to any posted guidelines or rules applicable as such which may be posted from time to time.
1.2 OUR APPLICATION IS TO SHOW VISUAL EFFECTS ONLY. OUR MEASUREMENT AND TEXTURE EFFECTS MIGHT DIFFER FROM REALITY. WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY FINANCIAL LOSSES IN ANY FORMS OF KITCHEN PURCHASE, APPLIANCE PURCHASE, KITCHEN CONSTRUCTION & RENOVATION JOBS.
1.3 YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2.1 Subject to the laws of your residence country, minor children may utilize an account established by their parent or legal guardian. If you permit your minor child or legal ward (collectively, your "Child") to use an account, you hereby agree to this agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the account by your Child whether or not such uses were authorized by you.
2.2 You agree that you will make necessary efforts to protect your account information and keep it confidential. You agree that you may not transfer your account as well as any of your rights or obligations under this Agreement to anyone else or share your account information with others without our prior consent.
3 User Conduct and Content
3.1 You must follow applicable laws of the jurisdiction where you are located when using ARKitchen. If any applicable laws restrict or forbid you from using ARKitchen, you shall follow such restrictions or stop using ARKitchen.
3.2 By using ARKitchen you agree that you will not:
3.2.1 reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of ARKitchen;
3.2.2 use ARKitchen in violation of any laws, regulations, decrees, orders, injunctions, or any other mandatory limitations imposed by any governmental branches, including legislation, administration and judiciary;
3.2.3 use ARKitchen for any purpose other than a reasonable person is likely to believe is within the spirit of designing a kitchen;
3.2.5 reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on ARKitchen, any Content created by others or any portion thereof, in whole or in part;
3.2.6 remove or amend any patent notice, copyright notice or other intellectual property information from ARKitchen;
3.2.7 collect any information, other than reasonably necessary for using ARKitchen, of other users; and
3.2.8 use ARKitchen in any other way not permitted by this Agreement or any posted guidelines or rules.
4.1 You are responsible for obtaining and maintaining necessary devices for using ARKitchen, including but not limited to mobile phones and pads, and for device fees, including but not limited to Internet fees, data fees and electricity fees. You recognize that these fees are paid to third parties not relevant to this Agreement and shall not incur any liability of us under this Agreement.
4.2 In the circumstance that ARKitchen is in a “test period” or a “beta version” or something of that kind, your access to ARKitchn may be subject to specific rules, such as limited period or limited number of users to access ARKitchen, privilege of some users to access to ARKitchen, our reserved rights to modify or delete the ARKitchen data of users, and irregular shut down of the ARKitchen servers. Please read carefully these rules and your cooperation and feedbacks upon our beta version of ARKitchen are highly appreciated.
5.1 Although we endeavor to provide the accurate and reliable services of ARKitchen, you expressly understand and acknowledge that OUR APPLICATION, AS WELL AS THE RELATED SERVICE AND INFORMATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR BUG/ERROR/DEFECT-FREE.
5.2 Without limiting our liabilities expressly set forth herein or required by the applicable laws, you expressly understand and agree that WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE INABILITY TO USE OUR APPLICATION, AND/OR RELATED SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR APPLICATION, AND/OR RELATED SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN OUR APPLICATION, AND/OR RELATED SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR APPLICATION, AND/OR RELATED SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
6 Breach and Indemnification
6.1 In case we reasonably find that you have breached this Agreement or any posted guidelines or rules, we may take such actions as we deem appropriate, including but not limited to: (i) removing any involved Content; (ii) restoring your Application data to the status before your breach; (iii) terminating your right to use our Application; (iv) taking legal action against you or disclosing relevant information to law enforcement authorities and (v) any other actions set forth in any posted guidelines and rules.
6.2 You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this Agreement, including but not limited to any breach of this Agreement. You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
7 Intellectual property
7.1 Altered Teapot Corporation and our associated logos and names are our trademarks and/or service marks. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
7.2 The Application and all data, content and software associated with or generated within it may be protected by the laws of copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights (including without limitation the intellectual property rights and ownership) in our Work. Subject to the terms and conditions of this Agreement and any applicable posted guideline or rules, we hereby grant you a limited, revocable, non-sublicensable and non-exclusive license to use and reproduce our Work solely for your personal use in connection with our Application. Unless expressly set forth herein, you may not otherwise reproduce (other than incidental reproduction required to run the Application on your device), distribute, disseminate to the public, make available, adapt, publicly perform, or publicly display our Work or any adaptations thereof. The license granted herein will automatically terminate in the event of your breach of this Agreement. You can use the Work obtained within our Application for so long as we operate our Appllication unless the Work is specially marked with duration or maximum charges under which circumstance the license of using such Work will be terminated if the duration expires or the maximum charges are reached. You may pay for license of some Work and you agree that SUCH PAYMENT IS FINAL AND NON-REFUNDABLE UNLESS APPLICABLE LAWS SPECIFY OTHERWISE. Some Work may be subject to certain third party’s license such as open source license as stated in the Application. Please read carefully the license agreement of such third party and make sure you comply with the requirements set forth in such agreement when using the certain Work.
8.1 By using Application or using any related services, you may provide the following information to us:
8.1.1 Login information which is used to identify specific users of the Application. When you register an account we will expressly indicate the information to be provided.
8.2 The above information may be provided by you when you: (1) register for an account; (2) update your account; (3) make payments for items, within our Application.
8.3 We will collect, dispose and use your information in accordance with this Agreement. Your continued use of our application will deem as your acceptance for us to obtain, utilize and use your information subject to this Agreement.
8.4 Information collected under this provision will be only used for:
8.4.1 Provision of appliction to users;
8.5 Under and only under the following circumstance, information collected under this provision will be disclosed to the designated third parties:
8.5.1 We may disclose such information (i) as you required; (ii) a regulatory requirement, judicial proceeding, court order or legal process served on us; or (iii) to protect the safety, health, right, or property of others, public or ourselves.
8.6 We will safely manage the information provided by you with reasonable care and comply with the applicable laws and regulations.
9 Governing law and Jurisdiction
9.1 Unless otherwise stipulated by applicable laws, this Agreement shall be governed by the laws of Ontario, as an agreement wholly performed, negotiated and executed therein without regard to Ontario’s conflict of law rules.
You agree that we may transfer all or a part of our rights or obligations under this Agreement to a third party upon prior notice to you.
10.2 Entire agreement
This Agreement sets forth the entire agreement between you and us, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us.
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that this Agreement will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
10.4 Waivers of our rights
The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by us.
10.5 Contact Us
If you have any further questions this User Agreement or the privacy practices of us, please contact us at firstname.lastname@example.org