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Terms of Use

Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of Whoosh3D.com ("Website") and our mobile application. Access to and use of this Website, mobile application, products and services (collectively, the "Services") are subject to the following terms, conditions and notices. By using the Services, you agree to be bound by all of the terms and conditions described in these Terms. We advise you to check this page regularly to take notice of any changes.

1. Eligibility

No individual under the age of thirteen (13) may use the Services, or provide any personal information to Whoosh3D. By accessing or using the Service you represent and warrant that you are 13 or older.

2. Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found here. We advise you to review the Privacy Policy for information and notices concerning the collection and use of your personal information.

If, during the warranty period, you discover that the Product is defective, you may be eligible for warranty service. To obtain warranty service, please contact our Customer Support for a Return Material Authorization number (RMA) by going to Return Material Authorization page. You will be required to provide your name, a copy of your purchase receipt and a description of the problem. Bring or ship the Product prepaid in the original container to the following address: 1409 South Lilac Avenue Bloomington, CA 92316

3. Account Registration

As a condition to using certain features of the Service, you may be required to create an account (“Account”) and select a username and password. You agree to provide Whoosh3D with accurate, complete and updated registration information during the registration process and you agree to keep this information current. Whoosh3D reserves the right to suspend or terminate your Account if any information provided proves to be inaccurate, not current or incomplete. You are also responsible for maintaining the confidentiality of your Account password. For the security of your Account, you will notify Whoosh3D immediately of any actual or suspected loss, theft or unauthorized use of your Account or Account password.

4. Ownership and Trademarks

Whoosh3D is the brand name for 3D Vision Technologies Limited. The trademarks, logos, and service marks shown on this site are registered trademarks of Whoosh3D. Nothing on this site shall be interpreted as granting any license or right to use any image, trademark, logo, or service mark on this site. Whoosh3D reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.

5. Whoosh3D Content and Limited License

Subject to these Terms of Use, Whoosh3D grants you a limited right to view, access, display and print the content within this Website for personal use and non-commercial purposes only. This grant of rights to you is limited in scope. It is non-exclusive and non-transferable. You may not modify the content in any way or reproduce or publicly display, perform, or distribute the content for any public or commercial purpose. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Whoosh3D or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

6. Prohibited Uses

You agree not to do any of the following:

i. Upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose any information that would constitute a violation of any confidentiality obligations you may have;

ii. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;

iii. Upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website;

iv. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

v. Use any manual or automated software, devices, or other processes to “crawl”, “spider” or “screen scrape” any web pages contained on the Website;

vi. Obtain, collect, store or modify the personal information about other users or distribute such information to third-party entities for marketing purposes;

vii. Use the Website to violate any applicable local, state, national, or international laws or regulations;

viii. Encourage or enable any other individual to do any of the foregoing.

Whoosh3D will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Whoosh3D reserves the right, at any time and without prior notice, to disable access to any content or terminate your account for violation of the Terms of Use.

7. Links

The Services may provide links or references to non-Whoosh3D websites and resources. Whoosh3D makes no representations or warranties regarding any other website or third-party resources that may be referenced, accessible from, or linked to the Website. A link to a non-Whoosh3D website does not mean that Whoosh3D endorses the content or use of such website, and you acknowledge that Whoosh3D is not responsible or liable for any content, services, products, or other materials available from such websites or resources. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Whoosh3D expressly disclaims any liability arising in connection with your use of any websites or other material associated with links that may appear on the Whoosh3D website.

8. Feedback

You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of Whoosh3D and you hereby irrevocably assign to Whoosh3D all of your right, title, and interest in and to all Feedback.

9. Special Promotions

Whoosh3D may from time to time provide certain promotional opportunities, sweepstakes and contests through the Services. All such promotions will be run at the sole discretion of Whoosh3D and can be activated, modified or removed at any time by Whoosh3D without advance notification. You are responsible for reviewing the terms and conditions of such promotions as they may contain important information about Whoosh3D’s rights to and ownership of user submissions.

10. Changes to this Agreement

Whoosh3D reserves the right, at its sole discretion, to change, modify, amend or delete any of the terms and conditions of these Terms, or discontinue or terminate the Services or any content or information through the Services at any time, with or without prior notice. If we modify these Terms of Use, we will post the modification on the Website or provide you with notice of the modification. Your continued use of the Services following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must terminate, and immediately stop using, the Services.

11. Termination and Account Cancellation

If you breach any of the terms and conditions of these Terms, Whoosh3D has the right to suspend or disable your access to or use of the Services. Whoosh3D reserves the right to revoke your access to and use of the Services at any time, with or without cause. You may cancel your Account at any time by sending an email to: info@whoosh3d.com.

12. Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WHOOSH3D MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, PRODUCTS, APPS, OR MATERIALS AVAILABLE (“MATERIALS”) WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, PRODUCTS, APPS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, PRODUCTS, APPS, OR MATERIALS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SITE, SERVICES, PRODUCTS, APPS, MATERIAL, OR OTHER INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICES, APPS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

13. Indemnity

You agree to defend, indemnify and hold harmless Whoosh3D and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting from your violation of the Terms.

14. Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. WHOOSH3D SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF DATA OR LOSS OF USE ARISING OUT OF THE USE OR THE INABILITY TO USE THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OR OTHERWISE, EVEN IF WHOOSH3D HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT IS LIMITED TO US $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

15. Trademarks

The trademarks appearing on this Website are primarily trademarks of Whoosh3D or its affiliates. Other trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on this Website should be construed as granting any license or right of use of any trademark displayed on the Website without express written permission of Whoosh3D, relevant affiliate or third party companies.

16. Controlling Law

These Terms of Use will be governed by the laws of Hong Kong SAR excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

17. Entire Agreement

These Terms of Use, along with the Privacy Policy, constitute the entire agreement between you and Whoosh3D with respect to your use of the Services, and supersede any prior agreement between you and Whoosh3D.

18. Assignment to Third Parties

Whoosh3D may assign its rights and its obligations under this agreement to any third party at any time, with or without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Whoosh3D. You may not assign this agreement, in whole or in part, to any third party without prior written consent of Whoosh3D.

19. Arbitration

You and Whoosh3D agree that any dispute, claim or controversy arising out of or relating in any way to the Services, including these Terms of Use, shall be settled by binding arbitration in Delaware, USA, instead of in courts of general jurisdiction. By agreeing to these Terms of Use, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Whoosh3D are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms of Use. Further, unless both you and Whoosh3D otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Contacting Whoosh3D

If you have any questions about these Terms of Use, please contact Whoosh3D at info@whoosh3d.com.