The Emagineer App and website www.emagineer.world (Website) and all their subpages (collectively the App) are owned and operated by Emagineer Pty Ltd ACN 643 372 374 (Emagineer, We, Us or Our). These terms and conditions (Terms) govern the App user’s (You or Your) use of the App and the Website. By using the App or the Website, You signify Your acceptance of these Terms and Emagineer’s Privacy Policy (found here http://www.emagineer.world/privacy-policy/.
In these Terms, Content means all information, graphics, HTML, text, software and materials in the App or on the Website. In these Terms, a reference to use of the App also means use of the Content. If You do not agree to these Terms, then You may not use the App. We may periodically update these Terms and Your use of the App after such changes means that You accept those changes. Please review the Terms periodically or each time You use the App.
The App is designed to be used in conjunction with LEGO® to build models and MOCs in LEGO®. LEGO is a trademark of LEGO Group, which does not sponsor, authorize or endorse Emagineer, the App nor the Website.
USE OF BETA VERSION OF THE APP.
The App is in beta release and is NOT generally available for the public. Beta versions of apps are used for trial and evaluation purposes only. Beta versions of apps have errors and bugs and should never be used in a production environment. You may use the beta version of the App during the term of testing for the beta (Test Period). You acknowledge and agree that You are using the beta version of the App at Your own risk during the Test Period. The App is provided “as is” without warranty of any kind.
The following terms Apply to these Terms:
App means the Emagineer application operating on a Supported Device.
Confidential Information means all trade secrets, ideas, know how, concepts and information whether in writing or otherwise relating in any way to Us or to You, Our sub-licensees, agents and employees, Your or Our affairs or businesses, sales, marketing or promotional information, these Terms including any such information in Our or Your power, possession or control concerning or belonging to any third party but does not include information that: (a) is, or becomes part of, the public domain otherwise than by breach of these Terms by You or Us; (b) is lawfully obtained by either party from another person without any restriction as to use and disclosure; or (c) was in the receiving party’s possession prior to disclosure to it by You or Us.
Our Intellectual Property Rights means copyright, and all rights in relation to inventions, registered and unregistered trade marks (including service marks), registered and unregistered designs, circuit layouts, and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields under the laws of any jurisdiction throughout the world and includes data and usage statistics that We collect from Users of the App but excludes Your Confidential Information.
Supported Device means an IOS or Android mobile device that We support to operate the App.
User means a single person identified by a unique email address and such address may not be shared with other people.
You are granted a non-exclusive, non-transferable and revocable limited license to access and make personal use of the App and the Website and their contents provided You are: (a) capable of forming binding contracts; (b) not breaking any laws by access or using the App and the Website (including any laws in Your own jurisdiction) and use the App and the Website for lawful purposes only. However, You may not use the App, the Website or their content for a commercial purpose (such as by reproducing or selling Our content), or in a way which tampers with the App or the Website, affects their security, imposes an unreasonably burden on Our infrastructure, or makes use of any bot or automated program or script.
All content in the App is for informational purposes only and is designed to enable You to build LEGO models. We make no warranty or representations as to the accuracy of the Content. You agree and acknowledge that there may be technical or administrative errors in the Content. We reserve the right to correct any errors in the Content and on the Website without any notice to You.
We grant You a non-exclusive, non-transferable, licence to use the beta version of the App on a Supported Device during the Test Period. This license does not allow You to use the App to operate a service bureau, SaaS, cloud-based service, hosting service or other similar service or to make available the App to anyone other than You. Neither these Terms nor the App may be sold, leased, assigned, sublicensed or transferred by You, in whole or in part.
You may only use the App for Your personal use and You may not modify, alter or adapt the App or merge all or part of it with any other App without Our prior written consent. You may not reverse engineer, reverse compile or decompile the software that operates the App or try to access or discover its source code or any trade secret related to the App. You may not remove or obscure any notice relating to Our Intellectual Property Rights. You must immediately notify us if You become aware of any unauthorised use of the App. You acknowledge that We may incorporate technical features into the App to enforce these Terms.
We and You agree not to disclose, duplicate or otherwise reproduce, directly or indirectly, each other’s Confidential Information in whole or in part. We and You further agree to use each other’s Confidential Information solely for the purposes of exercising each other’s rights stated under these Terms or other rights that are clearly contemplated by these Terms.
While Emagineer strives to provide correct information, all information and recommendations related to any third party products or services or any other articles or editorial content published in the App, on the Website, in Our newsletters or any further information provided to You by Our representatives, is comprised solely of the opinions of Emagineer, which may be inaccurate, incomplete or no longer current. The Emagineer products We provide information about in the App or the Website may not be the right choice for You given Your individual circumstances. The Content provided in the App does not constitute any advice as to the suitability of any product or service for Your particular requirements. It is up to You to independently investigate any products or options presented (including their functionality and specifications), to verify any information presented from other sources and consider Your own individual needs before choosing to license any product or solution, or acting on any recommendation or information published in the App or the Website.
To the extent permitted by law, Emagineer gives no warranty that You will have continuous access to the App or that the App will be error free, secure, or free from viruses or harmful components and excludes any such warranties. Your use of the App is at Your own risk.
The trade marks, names, logos and service marks (Trade Marks) displayed in the App and the Website are registered and unregistered Trade Marks of Emagineer. Nothing contained in the App or on the Website gives You a license or right to use any Trade Mark without the prior written permission of Emagineer.
External links may be provided for Your convenience, but they are beyond the control of Emagineer and no representation is made as to their content. Use or reliance on any external links and the content from those links is at Your own risk. When visiting external links You must refer to that external websites Terms of use. No hypertext links may be created from any website controlled by You or otherwise to the App or the Website without the express prior written permission of Emagineer. Please contact us if You would like to link to the Website or would like to request a link to Your website.
Emagineer is not responsible for any material submitted to the public areas by You (which include bulletin boards, hosted pages, chat rooms, or any other public area found in the App or on the Website. Any material (whether submitted by You or any other user) is not endorsed, reviewed or approved by Emagineer. Emagineer reserves the right to remove any material submitted or posted by You in the public areas, without notice to You, if it becomes aware and determines, in its sole and absolute discretion that You are or there is the likelihood that You may, including but not limited to: (a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; (b) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; (c) post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Emagineer’s or a third party’s computer system or network; (d) violate any copyright, trade mark, other applicable Australia or International laws or intellectual property rights of Emagineer or any other third party; and (e) submit contents containing marketing or promotional material which is intended to solicit business.
You further agree not to use the App to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any Applicable law and You hereby indemnify Emagineer against any loss, liability, damage or expense of whatever nature which Emagineer or any third party may suffer which is caused by or attributable to, whether directly or indirectly, Your use of the App to send or post any such message or material or Your use of the App in breach of these Terms.
Emagineer makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the App, the information contained in the App, Your or Your company’s personal information or material and information transmitted over Our system.
EMAGINEER WILL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL AND INCLUDING DAMAGES FOR LOSS OF PROFIT OR REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF CHANCE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF DATA AND LOSS OF REPUTATION), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE APP OR THE WEBSITE, ANY INFORMATION CONTAINED IN THE APP OR ON THE WEBSITE, YOUR OR YOUR COMPANY’S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER EMAGINEER NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER WILL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY SHARE PRICE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF.
Emagineer does not make any warranty or representation that information in the App or on the Website is appropriate for use in any jurisdiction (other than Australia or the USA). By accessing the App or the Website, You warrant and represent to Emagineer that You are legally entitled to do so and to make use of information made available in the App or on the Website.
If a dispute arises regarding these Terms or any non-contractual obligations arising out or of in connection with these Terms (Dispute), a party must notify the other party in writing of the Dispute (Dispute Notice). Within 14 days of receipt of a Dispute Notice, the parties must meet in good faith and use their best endeavours to resolve the Dispute. If the Dispute cannot be resolved through good faith discussions, then the parties must refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (the Guidelines) and the Guidelines are incorporated by reference into these Terms.
We may choose not to strictly enforce these Terms, however this will not preclude us from insisting upon strict compliance with these Terms on other occasions.
Where any part of these Terms is illegal, void or unenforceable for any reason, that part will be first read down so as to cure the problem and if this is not possible, then the offending part will be severed from these Terms without affecting the remainder of these Terms.
Where in these Terms the words ‘such as’ or ‘include’ are used, those words are not intended to be used as words of limitation.
When construing any parts of these Terms, the meaning of any terms will not be construed in a limited fashion by reference to any paragraph or section headings.
These Terms and Your use of the App and the Website are governed by the law applying in New South Wales. The courts having jurisdiction in New South Wales have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or Your use of the App and the Website (including a dispute relating to any non-contractual obligations arising out of or in connection with these Terms, the App or the Website) and each party irrevocably submits to the non-exclusive jurisdiction of the courts having jurisdiction in New South Wales.
Updated: 18 July 2022