Introduction. Welcome to the Rock Identifier and any other products or services owned or operated by Next Vision Limited (“Company” or “Next Vision” or “we” or “us” or “our”) (collectively, the “Next Vision Service”). To access the Next Vision Service, you must at all times agree to and abide by these terms of use, including any additional guidelines referenced herein, and any future modifications (collectively, these “Terms”). These Terms are a legal contract between you, a user of at least 18 years of age (“you” or “User”), and Next Vision regarding your use of the Next Vision Services.
By subscribing to, or registering for the Next Vision Service, you agree to be bound by these Terms.
Although Next Vision Service is always striving to improve itself, it is not perfect. While Next Vision make reasonable efforts to ensure the information provided is accurate, Next Vision cannot ensure the accuracy, completeness and reliability of any and all information, data or content on the Service.
Authorized Users. Your access to and use of the Next Vision Service is subject to all applicable international, national, federal, state and local laws and regulations. You agree that you will not use Next Vision Service in any manner or for any purposes that are unlawful or prohibited by these Terms. The Next Vision Service is not for persons under the age of 18. If you are under 18 years of age, then please do not use Next Vision Service.
Privacy Policy. Your use of the Next Vision Service is governed by the Next Vision privacy policy available at https://app-service.rockidentifier.com/static/EuropeanUnion/privacy_policy.html (the “Privacy Policy”), which is hereby incorporated by reference into the Terms, and, where required by applicable laws, we will separately ask you to consent to our collection, use and disclosure of any personal information you provided to us in accordance with the Privacy Policy.
Changes. Next Vision may revise this Terms from time to time. When changes are made, Next Vision will provide you the revised Terms in the form permitted reasonably in advance before our proposed date of application. The amendment is deemed to have been approved by you if you have not objected to the amendment before the proposed date for the amendments to take effect. Next Vision will specifically inform you when sending the revised Terms about such deemed approval. Next Vision will then base the further business relationship on the amended version of the Terms.
Limited License. Subject to the terms and conditions of these Terms, Next Vision hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Next Vision Services (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms.
Ownership; Proprietary Rights. The Next Vision Service is owned and operated by Next Vision. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Next Vision Service that are provided by Next Vision (“Next Vision Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Next Vision Materials do not include any User Content (defined below) or content from third party sites, whether Next Vision Service provides a link to them or not. All Next Vision Materials contained on Next Vision Service are the copyrighted property of Next Vision or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Next Vision or its affiliates and/or third party licensors. Except as expressly authorized by Next Vision, or allowed by statutory law, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of Next Vision Materials.
Restrictions. As a condition of your use of the Next Vision Service, you will not use Next Vision Service for any purpose that is unlawful or prohibited by these Terms. Access to Next Vision Materials and the Next Vision Service from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
Any use by User of any of Next Vision Materials other than for private use is prohibited.
You will not use the Next Vision Service in any manner that could damage, disable, overburden, or impair it or interfere with any other person’s use of the Next Vision Service. You will not take any action that imposes an unreasonable or disproportionately large load on Next Vision’s infrastructure. You will not intentionally interfere with or damage the operation of the Next Vision Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Next Vision Service, features that prevent or restrict the use or copying of any content accessible through the Next Vision Service, or features that enforce limitations on the use of the Next Vision Service. You will not attempt to gain unauthorized access to the Next Vision Service, or any part of it, other accounts, computer systems or networks connected to the Next Vision Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Next Vision Service or any activities conducted on the Next Vision Service. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Next Vision Service. You agree neither to modify the Next Vision Service in any manner or form, nor to use modified versions of the Next Vision Service, including (without limitation) for the purpose of obtaining unauthorized access to the Next Vision Service.
Next Vision Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Next Vision Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Next Vision Service. You will not utilize framing techniques to enclose any trademark, logo, or other Next Vision Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing Next Vision’s name or trademarks without our express written consent.
You will not deep-link to the Next Vision Service and will promptly remove any links that Next Vision finds objectionable in its sole discretion. You will not use any Next Vision logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other users of the Next Vision Service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Prohibited Content. You shall not use the Next Vision Service to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) breaches any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
License to Your Content. You hereby grant Next Vision a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the Next Vision Services (collectively, “Your Content”), in any format or medium now known or later developed for marketing purposes in connection with the Next Vision Service; in particular in-App marketing. Next Vision can use Your Content in the App and in Next Vision’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. Next Vision reserves the right to display advertisements and sponsorships in connection with Your Content.
Next Vision has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. Next Vision has the right to suspend or terminate access to the Next Vision Service to any user who uses the Next Vision Service in breach of copyright law or other intellectual property law.
Intellectual Property Infringement. You confirm that at all times: (i) Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of Your Content in connection with the Next Vision Services and Next Vision’s use of Your Content pursuant to Section 8(b).
Identity Authentication. Next Vision uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Next Vision Service. This verification is only an indication of increased likelihood that your identity is correct. You authorize Next Vision, directly or through third parties, to make any inquiries Next Vision considers necessary to validate your registration.
User Account Information. You agree that the information you provide to Next Vision upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password), you will immediately notify Next Vision. You will be liable for the losses incurred by Next Vision or others due to any unauthorized use of your account.
Communications; Notice. Under these Terms, you consent to receive communications from Next Vision electronically. We will communicate with you by email or by posting notices on the Next Vision Service. Except as explicitly stated otherwise, any notices which we may send under these Terms will be sent to the email address you provide to Next Vision during the registration process. Except in case a declaration is of special importance (e.g. notice of termination), notices sent by email shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Feedback. You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form, to Next Vision related to the Next Vision Services (“Feedback”). Any Feedback shall not be considered your confidential information and may be used by Next Vision for marketing purposes in connection with the Next Vision Service; in particular in-App marketing. There shall be no obligation to provide compensation for use of Feedback.
Third Party Sites. The Next Vision Service may include links to other websites or services solely as a convenience to users (“Linked Sites”). Next Vision does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Next Vision makes no express or implied warranties, guarantees or endorsements with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Next Vision Service are solely between you and such advertiser. You agree that Next Vision will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Next Vision Service.
Next Vision may make changes to or discontinue any of the content or services available on the Next Vision Service at any time, and without notice. The content or services on the Next Vision Service may be out of date, and Next Vision makes no commitment to update these materials.
User Content. You acknowledge and agree that: (a) Content is provided to you AS IS and that Next Vision is not responsible for examining or evaluating Content created, uploaded, publish or propagate or otherwise made available by end users through the Next Vision Services (“User Content”); (b) Next Vision does not guarantee accuracy of any such User Content or that such User Content will continue to be available; (c) by using the Next Vision Services, you may encounter User Content that you deem offensive, indecent, or objectionable and that such User Content may not be labelled as such; and (d) Next Vision has no liability to you for any such User Content.
Termination. You may terminate Your Account at any time, for any reason or for no reason.
For important reasons, such as if we stop providing the Next Vision Service to our customers generally, Next Vision may suspend or terminate your account or your use of Next Vision Service at any time. Next Vision may also block your access, if (a) you breach these Terms or any applicable laws; (b) Next Vision is unable to verify or authenticate any information you provide to us; or (c) Next Vision reasonably believes that your actions may cause financial loss or legal liability for you, our Users or Next Vision. We also reserve the right to take further legal action against you based on you breach of these Terms or any other obligations you have towards Next Vision under applicable laws.
If Next Vision terminates your right to use, then: (i) all rights granted to you under these Terms shall cease; ii) you must immediately cease all activities authorised by these Terms, including you use of the Next Vision Service; (iii) you must immediately delete or remove the Next Vision Service from all devices, and immediately destroy all copies of the Next Vision Service then in your possession, custody or control.
Nothing in these Terms excludes or limits Next Vision’s liability (i) for damages caused by wilful misconduct or with gross negligence by Next Vision, Next Vision’s legal representatives or assistants in performance as well as (ii) for fraud or fraudulent misrepresentation by Next Vision, Next Vision’s legal representatives or assistants in performance (iii) for damages caused by the absence of guaranteed characteristics, or (iv) for claims under the German Product Liability Act.
Subject to section a. above, Next Vision has no obligation to you and is not liable for restoring User Content if it is damaged or lost. You are obliged to back-up data on a regular basis according to the state of the art.
We only supply Next Vision Service for domestic and private use. You agree not to use Next Vision Service, or any content on Next Vision Service, for any commercial or business purposes.
The Next Vision Service is only for your general information and is for recreational use. In particular, the Next Vision Service does not constitute any form of advice, recommendation or arrangement by Next Vision and is not intended to be relied upon by you in making (or re-fraining from making) any specific decisions.
The Next Vision Service may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Next Vision Service.
The use of the Next Vision Services as well as these Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany without regard to the United Nations Convention on Contracts for the International Sale of Goods and private international laws (e.g. conflict of laws principles).
b. This does not deprive consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of a choice of law, would have been applicable; e.g. consumer laws of the consumer’s state of habitual residence.
Miscellaneous.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Severability. Each of the clauses of this Terms of Use operates separately. If any provision of these Terms is decided by any court or relevant regulatory authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (which shall remain in full force and effect).
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Next Vision without restriction.
Survival. Sections 6, 8(b), 10, 11, 13, 16, 17 and 18 will survive any termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms are the entire agreement between you and Next Vision relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Next Vision as set forth in Section 4.
End-User Terms Required by Apple. If you have downloaded the Next Vision Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Next Vision only, not with Apple, and Apple is not responsible for the Next Vision Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
Queries. You may contact us at the address below with any questions, complaints or claims regarding the Next Vision Services. In addition, please also see the contact details included in the imprint, available here:
Address: RM D 10/F Tower A Billion CTR 1 Wang Kwong RD Kowloon Bay KL Hong Kong
Email: support@rockidentifier.com
Copyright. If you believe that anything on the Next Vision Services infringes a copyright that you own or control, you may file a notice with our designated agent:
Next Vision Limited
Email: copyright@thevisionext.com
If you file a notice with our designated agent it should contain the following information: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identify the copyrighted work claimed to have been infringed; (iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (iv) provide your contact information, including your address, telephone number, and an email address; (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Online dispute resolution platform and consumer dispute resolution. The European Commission provides an online dispute resolution platform which can be found at http://ec.europa.eu/consumers/odr/. Next Vision does not participate in dispute resolution procedures before a consumer dispute resolution body.