Terms of use

Terms of Use


1.Overview

1.1.
Welcome to Edulus VR. This is a magical virtual reality education app created for teachers to help bring science and math teaching alive in the classroom. The app has been specially created to make science and math in schools fun, game like and stress free. The 3D virtual reality models help students understand complex biology, physics, chemistry and math 3d geometry concepts easily. The magical 3D virtual reality format holds the interest of the students in the classroom through stunning visualisation and aids understanding in ways not possible before.

The Content, our website, our apps, and any other features, functionalities, applications, materials, models or other services offered from time to time by Edulus VR in connection with any of the above, however accessed, are referred to collectively as the “Services” or the “Edulus VR Services”)



2.Acceptance of the Terms of Use

2.1.
These terms of use, which include our Privacy Policy, as may be amended or altered by Edulus VR (“Terms of Use”), govern your use of the Edulus VR Services. Your access or use of the Edulus VR Services including this website constitutes a legally binding agreement with Trendyworks Technologies Pvt. Ltd. (hereinafter referred to as “Edulus VR”, which expression shall, unless repugnant to the context, mean and include all their affiliates, administrators, representatives, agents, legal heirs and assigns) to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use or access the Edulus VR Services.

2.2.
While the Content accessible through the Edulus VR Services have been certified for viewership by the appropriate authority, we do not warrant that you will find the Content suitable for your personal consumption. By using and accessing the Edulus VR Services you confirm that you do not find the Content to be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or of a violent nature. If you find any of the Edulus VR Services to be unsuitable in any manner, please discontinue your access and use of the Edulus VR Services. If you are of the belief that any of the Edulus VR Services are illegal or infringing any proprietary rights, please follow the procedure outlined in paragraph 10 of these Terms of Use.



3.Changes to Terms of Use

3.1.
Edulus VR reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use in will be effective from ten days or such other reasonable time specified when notice of such change is posted. Your continued use or access of the Edulus VR Services after any such changes constitutes your acceptance of the new Terms of Use.

4.Privacy and Communications Preferences

4.1.
Any information submitted through the Edulus VR service, including personally identifiable information, is subject to the terms of our Privacy Policy.

4.2.
By using or accessing the Edulus VR service, you (i) consent to the use of electronic communications in order to enter into contracts and confirm terms from Edulus VR; (ii) consent to the electronic delivery of notices, policies and records of transactions initiated or completed by you online; and (iii) acknowledge that you have access to the necessary software and hardware to receive electronic records from Edulus VR in connection with transactions initiated or completed by you online. You consent to receiving electronic communications from Edulus VR regarding Edulus VR’s services and you represent that you are not on any Do Not Call / Do Not Disturb registries under the Telecom Unsolicited Commercial Communications Regulations, 2007, the Telecom Commercial Communications Customer Preference Regulations, 2010 or otherwise which preclude us from sending you these communications.



5.Ownership of Intellectual Property

5.1.
Edulus VR, its affiliates and its licensors/licensees have, and shall continue to retain, all title, rights and interests in the Edulus VR Services and the Content, including all information, design, layout, text, graphics, logos, designs, photographs, databases, icons, images, audio/video clips, digital downloads, data compilations, graphics, illustrations, configurations, data, data fields, flash presentations, code, underlying technology, content delivery mechanisms, plug-ins and other files and software.

5.2.
The Edulus VR Services including the website, the look and feel of the website, the presentation of the Content, user interface, databases and compilations are the sole and exclusive property of Edulus VR.

5.3.
“Trendyworks” and “Edulus VR” are registered trademarks of Trendyworks Technologies Pvt Ltd. The Edulus VR logo, edulusvr.com, smartur3d.com and trendyworks.com are used as trademarks or service marks of Trendyworks Technologies Pvt Ltd. The Edulus VR website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Trendyworks Technologies Pvt Ltd. The trademarks, service marks and trade dress of Edulus VR may not be used or reproduced without prior written approval from Edulus VR and may not be used in connection with any product or service that is not affiliated with Edulus VR, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Edulus VR, or in any manner that disparages or discredits Edulus VR. Other trademarks that appear on the Edulus VR website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edulus VR. Any images of persons or personalities contained on the Edulus VR website and user interfaces are not an indication or endorsement of Edulus VR or any particular product or our service unless otherwise indicated.



6.Limited License

6.1.
Edulus VR grants you a temporary, non-exclusive, non-transferable, conditional, limited right to access and view the Edulus VR Services and the Content for your personal, non commercial use, subject to the conditions provided below, during the period during which you are bound by these Terms of Use. You shall have no right or interest in the Edulus VR Services or the Content other than as expressly provided herein.

6.2.
Your limited license as provided is subject to the following conditions:

The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, for any purpose whatsoever, without Edulus VR’s prior written permission, except as expressly permitted by the limited license;

You may not may not create any derivative works from the Content or Edulus VR Services (including without limitation, montages, mash-ups, recreations, derivations, screen captures, wallpaper, desktop themes or any other physical or digital material) or republish the Content or Edulus VR Services on any Internet, intranet or extranet site or incorporate the Content in any other database or compilation;

You may not extract, collect, harvest, test or benchmark, through electronic means or otherwise, the Edulus VR Services or any of the Content;

You may not use the Content or the Edulus VR Services for any purposes competitive with or derogatory to Edulus VR and you may not associate the Edulus VR Services or the Content with, provide links from or display alongside any material that may be vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent nature, or such that it is proscribed under applicable law or infringes third party rights;

You shall not directly or indirectly, through any means whatsoever, permit, abet or assist any access or use of the Edulus VR Services or its Content in a manner not expressly provided or permitted herein; and This limited and conditional license may be revoked at any time by Edulus VR.



7.The Use of Edulus VR Services

7.1.
We provide 3D models (content) and we reserve the right to display and promote other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Edulus VR service allows you and other third parties to post reviews or comments concerning the 3D content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Edulus VR service are those of the respective authors or producers and not of Edulus VR, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Edulus VR, or its shareholders, directors, officers or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Edulus VR service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Edulus VR service.

7.2.
The use of the Edulus VR Services and access to the Content are subject to you having the necessary hardware, software and network resources as listed under our System Requirements.

7.3.
We disclaim all warranties in relation to the Edulus VR Services and the Content. Please read paragraph 11 of these Terms of Use for our detailed disclaimer. In addition to the disclaimer of warranties therein, we do not guarantee that access to the Edulus VR Services or the Content shall be error free. Your access to the Edulus VR Services or the Content and the quality of your use of the same shall be contingent on various factors outside the control of Edulus VR, including the network resources used by you. Edulus VR Services may be bandwidth intensive. We are not responsible for any costs that you incur while attempting to access the Edulus VR Services or the Content, including payments towards Internet and broadband access or any additional expenses incurred by you including charges imposed by your network service provider for 3G/or roaming access.

7.4.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.



8.Membership and Features

8.1
Membership: Some of the features of the Edulus VR Services and some of the Content are made available to our unregistered users. Most of the features of the Edulus VR Services and the Content are available only to our registered members. To become a registered member, you will be required to provide certain personal information as well as make payments towards membership through a iTunes payment gateway. We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

8.2.
Account Information and Security: When creating your account, you must provide accurate and complete information. You are also responsible for maintaining the confidentiality of your account and for restricting access to your Edulus VR ready device. If you share your account/subscription with anyone or share your account and/or devices with other people, you take full responsibility for their actions and may be required to compensate Edulus VR for any losses arising out of them. You shall not use another user’s membership account without permission. You must notify us immediately of any breach of security or unauthorized use of your account and you should also report this instance to all your card issuers, as well as your local law enforcement agency. In order to provide you with ease of access to your account and to help administer the Edulus VR service, Edulus VR implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Edulus VR service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

8.3.
Membership Cancellation: You may cancel your Edulus VR membership/premium subscription at any time. We do not provide refunds or credits for any partial membership periods or for the content not viewed/used.

8.4.
Change of Features and Content: Edulus VR reserves the right to change, supplement, alter or remove any of its features or Content as it deems fit and a paid membership does not guarantee continued access to such features.

8.5.
Fair Use Restrictions: Edulus VR may also place additional fair use restrictions including Restrictions on concurrent connections and time of usage as provided here.

8.6.
Streaming Software/Software Plug-ins: Any software, including any files, images generated by the software, code, and data accompanying the software, used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated herein. Edulus VR retains full and complete title to all intellectual property rights and other proprietary rights subsisting in or used in relation to such software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such software.



9. Role of Edulus VR

10.1.
If you believe your work has been reproduced or distributed through the Edulus VR Services in a way that constitutes copyright infringement or are aware of any infringing material available through the Edulus VR Services or if you have tangible and conclusive information that any of the material made available through Edulus VR is illegal, please notify us through email at: legal@edulusvr.com.

9.2.
The notification must be in writing and where the claim relates to one of copyright infringement, the notification must contain a description of the copyrighted work that is claimed to have been infringed, authorization to act on behalf of the copyright owner, details of what material is allegedly infringing, how the infringement has occurred/is occurring, the location of the same within the Edulus VR Services and your contact details. Where the claim relates to one of illegal content, the notification must include tangible and conclusive information that the material made available through the Edulus VR Services is illegal under the laws of India.



10.Disclaimers of Warranties and Limitations on Liability

10.1.
The Edulus VR Services, including our website and user interfaces, and all Content and software associated therewith, or any other features or functionalities associated with the Edulus VR Service, are provided "as is" and "as available" with all faults and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, we, our affiliates and our licensors make no representations or warranties of any kind with respect to the Edulus VR Services, our website and user interfaces, and all Content and software associated therewith, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

10.2.
Edulus VR assumes no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services advertised by third parties through the Edulus VR Services. Edulus VR does not make any warranty that the Edulus VR Services or the Content will meet the your requirements, or that the Edulus VR Services or the Content will be uninterrupted, timely, secure, free from be free from errors, interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or that defects, if any, will be corrected.

10.3.
You expressly agree that use and access of the Edulus VR Services, including all Content, data or software distributed by, downloaded or accessed from or through the Edulus VR Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or access of such Content, data and/or software.

10.4.
We do not make any representations with respect to the contents and composition of the Content from the Edulus VR service. We do not endorse, condone, support or make any warranties regarding accuracy or completeness of any statements, representations, advice, views or opinions contained in any of the Content. All such statements, representations, advice, views or opinions may be partly or entirely fictional, exaggerated or false and the licensors of such Content or advertisement are solely responsible for the same.

10.5.
Edulus VR assumes no responsibility for any damages suffered by you, including, but not limited to, loss of data from delays, non-deliveries of Content or email, errors, system down time, mis-deliveries of Content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Edulus VR, its affiliates, its licensors, or your own errors and/or omissions. Except as provided under the Privacy Policy, Edulus VR disclaims any warranty or representation that confidentiality of information transmitted through the Edulus VR Services will be maintained. 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 Edulus VR or its affiliated parties.

10.6.
Edulus VR may provide the Edulus VR Services, links to web sites operated by other entities. If you use these sites, you may leave this website based on your browser settings and may not be able to complete or may have to re-do certain operations through the Edulus VR Services. If you decide to visit any linked site, it is done so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Edulus VR makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. The links do not imply that Edulus VR, its affiliates or its licensors sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Edulus VR.

10.7.
The disclaimers provided herein are supplementary to the Legal Disclaimer and neither shall substitute or limit the other.

10.8.
IN NO EVENT SHALL Edulus VR BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON THE YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE Edulus VR SERVICES, EVEN IF Edulus VR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES HERETO ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.



11.Indemnity

11.1. You undertake to indemnify, defend and hold harmless without limitation, Edulus VR, its affiliates and its licensors from any actual or alleged loss, damage or claim arising from or related to any breach of any of the terms, conditions or provisions of these Terms of Use.



12.Other Terms

12.1.
Termination: We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Edulus VR may also impose limits on certain features and services or restrict your access to parts or all of the Edulus VR Services without any notice or liability.

12.2.
External Links to this website: All links to the website must be expressly approved in writing by Eros and shall be subject to the following conditions: (i) the link is a text-only link containing only the name “Edulus VR” and directs only to http://erosnow.com and not to any other page of the website; (ii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website; (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Edulus VR nor be such as to damage or dilute the goodwill associated with the name and trademarks of Edulus VR, its affiliates or licensors; and Edulus VR reserves the right to revoke or alter the terms of such consent to link at any time in its sole discretion.

12.3.
Export Control Regulations: You hereby agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside

12.4.
Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of India without regard to conflict of laws provisions. Edulus VR makes no representation that the Edulus VR Services or the Content provided is appropriate or available for use outside India. You are not to access or use this website from a jurisdiction which restricts you from accessing this website.

12.5.
Severability: If any part of these Terms of Use is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining parts of these Terms of Use and shall not affect or impair the validity of enforceability of the remaining provisions of these Terms of Use. If any part of these Terms of Use is found to be unreasonable by a court of competent jurisdiction, such term shall be limited to the extent considered reasonable and continue to remain valid and enforceable.

12.6.
Waiver: Please report any violations of this Terms of Use agreement to legal@edulusvr.com. Edulus VR shall determine how to deal with violations of its Terms of Use agreement on a case-by-case basis. Edulus VR’s response to any particular violation of this Terms of Use agreement may not be construed as a waiver of any of these provisions, nor may you rely upon Edulus VR’s response to a particular violation of this policy in your actions. You should not assume that Edulus VR is even aware of violations of this Terms of Use agreement that you may find. A waiver of any term or condition of this Terms of Use agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.