TERMS OF USE

Last updated: 22 AUGUST 2020

Welcome and thank you for using our website https://www.metavisionx.xyz (“Site”, “this site” “METAVISION / X”, "metavision / x", “we”, “us”, or “our”). These terms of use (“Terms of Use”) govern the use of our online and mobile websites, applications, our social media sites, community forums and blogs, platforms and services, and any other software, features, widgets, plug-ins, downloads, materials, products and services in connection with which these Terms of Use are posted or linked.

This site is for EDUCATIONAL PURPOSES ONLY. 

 

Copyright Disclaimer under section 107 of the Copyright Act of 1957, allowance is made for “fair use” for purposes such as research and/or private study.

Additionally metavision / x is protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Kabir Mehta or third parties. metavision / x respects the intellectual property rights of others and asks you do the same.

1. Your Acceptance of these Terms of Use: 

Please read these Terms of Use carefully because they affect your legal rights and obligations. These Terms of Use are legally binding terms that govern your use of metavision / x, and by using this site you are deemed to have agreed to them.  If you do not wish to be bound by these Terms of Use, you must not access or use metavision / x.

Unless otherwise specified, this site is strictly available for individuals who have attained the age of majority in their jurisdiction (18 years in the case of India). If You are under the relevant age of majority in Your jurisdiction, You may access the Site and the Services under the supervision of an adult and in accordance with applicable law which enables a minor in your jurisdiction to access such a service. The Services include a section that exclusively provides access to only children-friendly content. However, in all cases, only persons of the age of majority are allowed to register any account on the Site and Services and will always be responsible for the operation of any such account.

CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO COMPLY WITH APPLICABLE LAWS AND EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. NOVI MAY DISPLAY A CONTENT DESCRIPTOR OR GUIDANCE MESSAGE THAT INDICATES AND INFORMS THE VIEWER ABOUT AGE-INAPPROPRIATE CONTENT FOR MINORS (FOR INSTANCE CONTENT TAGGED FOR VIEWERSHIP BY MINORS AGED 13 TO 18 YEARS). 

Please note that we reserve the right, in our sole discretion, to modify these Terms of Use at any time. You should visit these Terms of Use each time you use the metavision / x to review and become familiar with any modifications we may make to these Terms of Use.

2. How to Contact Us:  

 

Please send an email to: mail@metavision.xyz


3. Access to metavision / x:  

 

Access to metavision / x must have been provided to you directly by Kabir Mehta. If you acquired access to this site through a third party or without the direct consent of Kabir Mehta, you are not permitted to access this site and view any material, audio or visual or audio-visual,  on this site.

Access to and functionality of metavision / x will depend on your device’s capabilities and Internet and/or mobile network service.

We reserve the right, without notice and in our sole discretion, to modify, suspend, or discontinue all or any part of this site and/or to establish general guidelines and limitations for their use, at any time.  You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuation.

4. Third-Party Sites:  

 

metavision / x may link to, integrate with, or incorporate third party content, sites, services, or platforms (collectively, “Third Party Services”). Third Party Services may contain information or material or take actions that some people may find inappropriate, objectionable, or offensive. metavision / x is not nor shall be responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise and metavision / x disclaims all liability in connection therein. The inclusion of Third Party Services does not imply endorsement of any Third Party Services by METAVISION / X or any association with its operators.  To learn more about Third Party Services, consult the Third Party Services privacy policy and terms of use.

5. Your Use of metavision / x:


5.1. License to metavision / x:

 

We grant you a limited, non-exclusive, non-sub-licensable, non-transferable and revocable license to access, view and/or use metavision / x for non-commercial, personal, educational use and/or view and/or use only as part of your interaction with this site subject to your complete compliance with these Terms of Use, Additional Terms, and any and all other terms and policies set forth including Third Party Services. You may access, view, and/or use metavision / x solely on the number and type(s) (if so limited) of devices specified in the metavision / x or in the third party store in which the metavision / x were/may be downloaded (for example the Google Play store, etc.).

Except as expressly provided herein, METAVISION / X does not grant you any other express or implied right or license in or to the metavision / x and all right, title and interest that METAVISION/ X has in the metavision / x not explicitly granted to you by METAVISION / X, are retained by METAVISION / X without your right to use it.

5.2. Code of Conduct: 

 

ANY BREACH BY YOU OF ANY/ALL OF THE (a) to (j) BELOW SHALL MAKE YOU LIABLE TO LIQUIDATED DAMAGES OF RS. 5,00,000/- (RUPEES FIVE LAKHS ONLY) IN ADDITION TO INDEMNITY LIABILITY UNDER CLAUSE 9.

As part of your use of metavision / x, you agree, warrant and represent not to:

(a) Download, copy, reproduce, republish, display, publicly perform, upload, post, transmit, distribute, modify, sell, rent, lease, lend, broadcast, stream, sublicense, transfer or otherwise assign or use the metavision / x or any part thereof in any way unless expressly authorized by us I writing to you specifically.

(b) Bypass, modify, defeat, interfere with, tamper with or circumvent any of the security functions or protections (for example, through the use of cracking and network probing tools) of metavision / x, including, but not limited to, any digital rights management functionality.


(c) Modify or remove any copyright, trademark, or other proprietary notices or labels on METAVISION/ X
Services.

(d) Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software in metavision / x into a readable form to examine the construction of such software and/or to copy or create other products or services based (in whole or in part) on such
software.


(e) Use metavision / x for commercial and/or non commercial purposes in any manner making it available to any third party other than you or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.


(f)  Use metavision / x to create or send “spam” or other malicious or disruptive communications.

(g) Use software, programs, or devices which contain malware, viruses, worms, and/or ‘any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of metavision / x.

(h) Undertake any other activity which may adversely affect the operation, experience, or enjoyment of metavision / x by any other person or


(i) Attempt to gain unauthorized access to metavision / x, other computer systems or networks connected to metavision / x through password mining or any other means.

5.3. Investigations: 

 

We reserve the right, without notice and in our sole discretion, to take action upon an actual or suspected violation of these Terms of Use, including but not limited to (i) investigating suspected violations of the Terms of Use; (ii)restricting, suspending, terminating, or refusing your access to or use of metavision / x, in whole or in part; (iii)modifying or removing metavision / x or taking other corrective actions; (iv) reporting your conduct, activity, or identity to law enforcement or other appropriate authorities; (v) taking appropriate legal action against you; or (v) otherwise taking action to protect our rights and the rights of any third party.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF METAVISION / X DURING OR AS A RESULT OF ITS INVESTIGATIONS.

6. Disclaimer of Warranties: 

 

YOUR USE OF METAVISION/ X IS AT YOUR OWN RISK. METAVISION / X IS PROVIDED ON “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

7. Limitation of Liability: 

 

METAVISION / X SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM ANY USE OF, OR INABILITY TO USE, METAVISION/ X, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF METAVISION / X HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF METAVISION / X) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH
LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.​

 

8. Indemnity: 

 

You shall indemnify and hold harmless METAVISION / X and its partners, officers, directors, employees, agents, distributors and its and their affiliates from and against any and all claims, demands, liabilities, costs or expenses, including without limitation, reasonable attorneys’ fees and costs, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your direct use, or use conducted on your behalf, of metavision / x, including but not limited to, placement or transmission of any content onto METAVISION / X’s Servers, and/or from any and all use of your Account.

9. Governing Law: 

 

These Terms of Use will be governed by, construed and enforced in accordance with the laws of India, as they are applied to agreements entered into and to be performed entirely within India with jurisdiction at New Delhi.

10. Disputes/Arbitration: 

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to  mail@metavision.xyz  . Upon our receipt of the notice, the parties will have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this clause 13. With the exception of class actions (further discussed in clause 14, claims to enforce
intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and claims of piracy or unauthorized use of metavision / x, any dispute of any kind between you and any of metavision / x arising under these Terms of Use or in connection with your use of metavision / x (“Dispute”), if unresolved through informal discussions within sixty (60) days of receipt of notice, will be resolved by binding arbitration in India under the Arbitration and Conciliation Act, 1996 with place of arbitration at New Delhi in English language.

Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a Courts with appropriate jurisdiction at New Delhi.  However, after such request for relief has been heard by such Court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.  We reserve the right to demand any remedy for violations of these Terms of Use and/or any other rules and regulations set forth on metavision / x, including without limitation the right to block access from a particular Internet protocol (IP)
address.

Any arbitrator proceeding over a Dispute will be a retired judge with substantial experience in the subject matter relevant to the matter in dispute.  The parties agree that an arbitrator proceeding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties.

The arbitrator, and not any Court, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a Court under law or in equity. The arbitrator’s award will be written, and binding on the parties and may be entered as a judgment in any Court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, METAVISION / X will pay the additional cost of the filing fee.

11. Class Action Waiver 

 

You and METAVISION / X agree that Disputes will be resolved on an individual basis, and that any claims brought under these Terms of Use or in connection with metavision / x must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.  The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with metavision / x.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in appropriate Courts having jurisdiction within New Delhi only.

12. Severability: 

 

If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.


13. Claims of Infringement: 

 

If you believe that any content, audio or visual or audio-visual, on metavision / x infringes your copyright rights, then we want to hear from you immediately. Please forward the following information in writing to the email address listed below:

(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf at the following email address:
mail@metavision.xyz

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