In order to be able to purchase, download and view Digital Content on an Approved Device you must first download the Whoosh3D™ Application ("Service Application") from the Apple App store or the Site, agree to the Whoosh3D™ EULA ("EULA") provided prior to download of the Service Application, register on the Site and create a Whoosh3D™ Account ("Account"). YOU ACKNOWLEDGE AND AGREE TO THE (1) THE EULA AS SUCH MAY BE AMENDED FROM TIME TO TIME; AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE APPLICATION AND ANY OTHER REQUIRED THIRD PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS DO NOT USE THE 3DEECENTRAL SERVICE.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Digital Content may not be viewed, or may cease being viewable, through the Whoosh3D™ Service on some Approved Devices.
In order to be able to download Digital Content from the Site and to view Digital Content, you will need to use a mobile device, personal computer, notebook computer, or other device that (i) is on the list of devices supported by the Whoosh3D™ applications and meets minimum system requirements that Whoosh3D™ may establish from time to time ("Approved Device"); and (ii) has installed a copy of the Service Application available as a free download for Apple iPhone and iPod Touch devices from the Apple App Store and available as a free download for other supported platforms from the Site.
The Whoosh3D™ Service will operate only on those hardware and software platforms specified on the Site. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Whoosh3D™ Service. Whoosh3D™ reserves the right to cease supporting any hardware or software platform at any time, with or without notice.5. License to Digital Content Downloads
Whoosh3D™ Service allows you to pay a fee to download one or more copies of a single piece of Digital Content and to view that Digital Content an unlimited number of times over an indefinite period of time ("Licensed Digital Content") for your non-commercial private use on an Approved Device.
As used herein, "non-commercial private use" means a presentation of Licensed Digital Content for your personal and non-commercial use only and for which no fee or consideration of any kind (other than that which you pay to us to license the Digital Content) is charged or received, which is limited to a private viewing for you and your invitees. Non-commercial private use specifically excludes any public presentation (e.g. a presentation at a trade show or theater) even if no fee is charged for viewing the Licensed Digital Content.5.1. Licensed Digital Content.
Upon your payment of the license fee, Whoosh3D™ grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license under copyright (i) to download, (ii) to retain a copy of the Licensed Digital Content on the Approved Device(s) to which the Licensed Digital Content is downloaded, and (iii) to view, use, and privately display, for non-commercial private use, the Licensed Digital Content acquired by you, on Approved Devices.5.2. Downloading and Risk of Loss
If you are unable to complete a download after having reviewed the online help resources, please contact Whoosh3D™ customer service. Once you purchase the Licensed Digital Content and we make the Licensed Digital Content available to you, you bear responsibility for completing the download and for all risk of loss of the Licensed Digital Content after the download. Licensed Digital Content, especially video content, is large and may take a significant period of time to download to your Approved Device(s). Download times will vary according to the quality of the connection and the size of the Licensed Digital Content.5.3 General Restrictions
i. Reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Licensed Digital Content to any third party without express prior written consent of Whoosh3D™;
ii. Remove any proprietary notices or labels on the Licensed Digital Content;
iii. Attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management, or copy protection system used as part of the Whoosh3D™ Service; or,
iv. Use the Whoosh3D™ Service or Licensed Digital Content for any commercial or illegal purpose.
v. Attempt to, or assist or encourage anyone else, to alter or change the software or any application related to the 3DeeCentral Service.5.4. Free Content
Whoosh3D™ provides no warranty or guarantee that free content, such as 3D previews or free Digital Content, will remain available on the Site, and if it is removed from an Approved Device it may not be available for subsequent download. All other constraints and conditions on your use and viewing of Licensed Digital Content apply to free Digital Content.6. Reservation of Rights
This Section will survive the termination of your right to use this Site.7. Territory Limitation
All purchases of Licensed Digital Content are final when you complete the payment process after clicking the "Buy" button. If after purchasing Licensed Digital Content, you are unable to successfully download the Licensed Digital Content, Whoosh3D™ will provide technical assistance to help you finish the download.
If you cancel your Account, the Licensed Digital Content loaded on your Approved Device can still be viewed through the Service Application however, cancellation of your Account removes all access to other Whoosh3D™ Services, such as tracking of deleted Licensed Digital Content, availability of downloads, remaining downloads, the ability to acquire additional Licensed Digital Content, the ability to download free Digital Content. Refunds may be given only at the discretion of the management.10. Limitations on Use
You must have Internet access, an Account, the Service Application, an Approved Device, an ability to pay for the Licensed Digital Content and agree to the EULA in order to download Licensed Digital Content from the Site. All materials, including graphic files, audio files, video files, movies, text, hyperlinks, search engines, and other content that Whoosh3D™ and/or its affiliates and subsidiaries makes generally available are intended only for those persons over the age of 18. As such you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian.11. Warranty Disclaimer and Limitation of Liability
The Whoosh3D™ service, any licensed digital content provided, the site and its contents, are provided "as is" and "as available" with all faults and without warranty of any kind and svi and our licensors make no representations or warranties of any kind with respect to the Whoosh3D™ service, the licensed digital content, the site and its contents. Svi does not guarantee, represent, or warrant that your use of the 3DeeCentral service or the licensed digital content will be uninterrupted or error-free, and you agree that Whoosh3D™ may eliminate or otherwise modify any or all aspects of the Whoosh3D™ service without compensation or notice to you. SVI specifically disclaims liability for the use of applications, approved devices, and all licensed digital content Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Whoosh3D™ Service or on the Site; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Whoosh3D™ Service or Site, (iv) delivery and or display of any Licensed Digital Content contained on the Site or otherwise through the Whoosh3D™ Service; and (vii) any losses or damages arising from the use of the Licensed Digital Content provided on the Site or otherwise through the Whoosh3D™ Service itself, including any losses or damages arising from downloading of related software or downloading and/or use of any other software. TO THE EXTENT ALLOWABLE BY LAW, Whoosh3D™ AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, Whoosh3D™ does not represent or warrant that the information accessible via our Site is accurate, complete or current. Whoosh3D™ does not make any representations with respect to the Licensed Digital Content from the Whoosh3D™ Service or the descriptions of any content contained on our Site. We do not represent or guarantee that your use of the Whoosh3D™ Service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Whoosh3D™ or its affiliated parties.
Whoosh3D™ MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPROVED DEVICES OR THE COMPATIBILITY OF THE APPROVED DEVICES WITH THE Whoosh3D™ SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using the Whoosh3D™ Service.12. Indemnity
ii. You understand that by using the Whoosh3D™ Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Whoosh3D™ Service at your sole risk, and Whoosh3D™ shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Whoosh3D™ does not guarantee their accuracy.
iv. Whoosh3D™ reserves the right to terminate or restrict your use of the Whoosh3D™ Service, without notice, for any or no reason whatsoever.
vi. You are responsible for any costs you incur to access the internet.14. Jurisdiction
The Site is controlled and offered by IpC HK from its facilities in The Philippines. Whoosh3D™ makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Site is administered from the offices of IpC HK in The Philippines. Access to the materials or services from territories where the contents of this Site are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations. If you access this Site, you do so on your own initiative and risk and you are responsible for compliance with all applicable local laws.
You agree that:
1. the Site shall be deemed solely based in the Philippines; and
2. the Site shall be deemed a passive website that does not give rise to personal jurisdiction over IpC HK, either specific or general, in jurisdictions other than the Philippines..