DISCLAIMER

PLEASE READ THESE LICENCE TERMS CAREFULLY 

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. 

WHO WE ARE AND WHAT THIS AGREEMENT DOES 

We, Datatron Fium S.L., company based in Gijón, Asturias, (“we”, “our”, “us”) license you to use LEV AR 1.0.0 mobile application software, the data supplied with the software, (“App”) and any updates or supplements to it; 

WARNINGS HEALTH AND SAFETY 

THIS APP USES AUGMENTED REALITY (AR) AND VIRTUAL REALITY (VR) TECHNOLOGY. AR AND VR TOGETHER ARE KNOWN AS EXTENDED REALITY (XR). 

WHEN USING XR, YOUR VISION, HEARING, AND GENERAL ALERTNESS TO AND AWARENESS OF YOUR SURROUNDINGS IS IMPAIRED. THIS IS THE CASE EVEN IF YOU ARE NOT USING A VR HEADSET BUT ARE VIEWING THE APP ON YOUR PHONE. PLEASE BE CAREFUL. 

SAFE SPACE 

WHEN USING THIS APP, YOU MUST AT ALL TIMES MAKE SURE THAT YOU ARE IN A SAFE PLACE AND THAT YOU STAY ALERT TO WHAT IS GOING ON AROUND YOU. FOR EXAMPLE, DO NOT: 

• USE THIS APP WHILE DRIVING, CYCLING, FLYING, OR OPERATING ANY OTHER FORM OF TRANSPORT OR MACHINERY. 

• USE THIS APP WHEN NEAR TO OR CROSSING ROADS, NEAR WATER, NEAR THE EDGE OF A CLIFF OR MOUNTAIN, OR IN ANY OTHER LOCATION OR SITUATION WHERE YOU COULD HAVE AN ACCIDENT OR SUFFER FROM AN INJURY. 

• THESE EXAMPLES ARE NOT A COMPLETE LIST OF THE SITUATIONS IN WHICH USING THE APP COULD BE DANGEROUS AND LEAD TO INJURY. USE YOUR COMMON SENSE AND REMEMBER THAT YOU ARE RESPONSIBLE FOR KEEPING YOURSELF SAFE AT ALL TIMES WHEN USING OR INTERACTING WITH THE APP. 

MEDICAL CONDITIONS 

• CONSULT WITH YOUR DOCTOR BEFORE USING THIS APP, EVEN IF YOU ARE NOT USING IT WITH A VR HEADSET. 

• BY USING THIS APP, YOU MAY BE EXPOSED TO CERTAIN TYPES OF IMAGES, INCLUDING FLASHING LIGHTS OR PATTERNS WHICH MAY HAVE AN EFFECT ON YOU. EVEN PEOPLE WITH NO HISTORY OF SEIZURES OR EPILEPSY MIGHT HAVE AN UNDIAGNOSED PHOTOSENSITIVE CONDITION WHICH COULD BE TRIGGERED FOR THE FIRST TIME WHILE USING THE APP. 

• IF YOU OR A FAMILY MEMBER SUFFERS FROM A PHOTOSENSITIVE CONDITION SUCH AS EPILEPSY OR SEIZURES, YOU SHOULD NOT USE THE APP WITHOUT FIRST SPEAKING TO YOUR DOCTOR. 

OTHER PEOPLE’S RIGHTS 

• YOU MAY BE ABLE TO TAKE PICTURES OF THE ARTWORK OR DIGITAL ASSETS WHEN USING THE APP. WHEN DOING THIS IN A PUBLIC PLACE, YOUR PHOTOS MAY INCLUDE OBJECTS OR PEOPLE IN THE BACKGROUND. 

• IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU DO NOT TAKE OR USE IMAGES FEATURING OTHER PEOPLE, OR THE INTELLECTUAL PROPERTY RIGHTS (“IP”) OF ANY PERSON (OR COMPANY), WITHOUT THEIR PERMISSION. YOU SHOULD MAKE SURE YOU ARE AWARE OF THE RELEVANT LAWS IN YOUR COUNTRY AND/OR THE COUNTRY YOU ARE USING THE APP IN, AND MAKE SURE YOU UNDERSTAND THE RESTRICTIONS AROUND THE USE OF OTHER PEOPLE’S IP AND IMAGES. NOTE THAT THIS COULD INCLUDE IP RELATING TO BUILDINGS, ARCHITECTURE, SCULPTURES, AS WELL AS ARTWORK OR IMAGES. WE WILL NOT BE RESPONSIBLE FOR YOUR USE OF THE APP WHICH FEATURES ANY SUCH IP WITHOUT PERMISSION OR WHICH OTHERWISE INFRINGES UPON THE IP OR OTHER RIGHTS OF THIRD PARTIES. 

• IF WE RECEIVE NOTICE THAT YOU HAVE INFRINGED THE IP OR PRIVACY OR OTHER RIGHTS OF ANOTHER PERSON OR COMPANY WE MAY SUSPEND OR TERMINATE YOUR USE OF THE APP AND THE SERVICES AS WE DEEM APPROPRIATE WITHOUT ANY OBLIGATION TO YOU. WE WILL TRY TO NOTIFY YOU BEFORE WE SUSPEND OR TERMINATE YOUR USE OF THE APP, BUT WE HAVE NO OBLIGATION TO DO SO. 

YOUR PRIVACY 

We don’t collect any private information of any kind while using this APP. 

APP STORE TERMS ALSO APPLY 

The ways in which you can use the App may also be controlled by the app store rules and policies from which you download the App (whether Google or Apple). 

OPERATING SYSTEM REQUIREMENTS 

The App requires a mobile telephone device with a minimum of 1 GB of memory and the Apple iOS 11 or Android 8.0 Nougat API 24 operating. Moreover, the app needs access to the mobile telephone Camera (in order to see the digital artworks), microphone (to record videos), GPS location (to save and locate geo positioned digital artworks), access to the telephone gallery to save pictures and videos and reference pictures and use or the device internet data to receive information.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS 

Support. If you want to learn more about the App or the Service or have any problems using them, contact with support@levfestival.com

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@levfestival.com. 

How we will communicate with you. If we have to contact you we will do so by email. 

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON 

In return for your agreeing to comply with these terms you may: 

• download or stream a copy of the App onto Apple iPhone 8 and newer versions with iOS 11 or newer, also, Android 8.0 Oreo API 24 and view, use and display the App and the Service on such devices for your personal purposes only. 
• provided you comply with the Licence Restrictions https://levfestival.com/20/condiciones-legales/ make one copy of the App for back-up purposes; and 
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you. 

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE 

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. 

CHANGES TO THESE TERMS 

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce to the App. 

We will give you at least [30] days’ notice of any change by sending you an email with details of the change or notifying you of a chance when you next start the App. 

UPDATE TO THE APP AND CHANGES TO THE SERVICE 

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may provide you with an update and ask you to install the update to the App for these reasons.

 

If you choose not to install updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. 

The App will always provide the key functions that it provided to you when you acquired it. 

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING 

If you download or stream the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

LICENCE RESTRICTIONS 

You agree that you will: 

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; 
• not copy the App or the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; 
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services, nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; 
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities;
• is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and 
• is not used to create any software that is substantially similar in its expression to the App; 
• is kept secure; and;
• is used only for the Permitted Objective; 
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service. 

ACCEPTABLE USE RESTRICTIONS 

You must: 

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; 
• not infringe our IP rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material or sharing of any materials created using the App (to the extent that such use is not licensed by these terms); 
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; 
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. 

INTELLECTUAL PROPERTY RIGHTS 

All IP rights in the App and the Services, and any content you view through the App, throughout the world belong to us (or our licensors), and the rights in the App, the Services and any content you view through the App, are licensed (not sold) to you. You have no IP rights in, or to, the App, the Services, or the content you view through the App, other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. 

We are not liable for business losses. The App is for domestic and private use only. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to Hat= 

Agree 

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. 

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on your app store site) meet your requirements. 

WE MAY SUSPEND OR END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS 

We may suspend or terminate (in our discretion) your use of the App and Services at any time by contacting you if you have used the App in any way which contravenes the rules set out in these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so, although we have no obligation to do this and will only do so if we decide it is appropriate to do so. 

If we end your rights to use the App and Services: 

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services. 

If we suspend your rights to use the App and Services: 

• You must stop all activities authorised by these terms, including your use of the App and any Services. 
• We may remotely access your devices and disable or remove the App from them and cease providing you with access to the Services. 

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE 

You may only transfer your rights or your obligations under these terms to another person if we agree in writing. 

NO RIGHTS FOR THIRD PARTIES 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS 

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live abroad, you have the right to bring legal proceedings in your home country. In addition, please note that disputes may be submitted for online resolution at http://ec.europa.eu/consumers/odr/.