Privacy and Terms of Use | 4D Creatives Inc.

Policy and Terms of Use

Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa.

Definitions 

"4D", "We", "Us", and "Our" refer to 4D Creatives Inc.

"Site", "App", "Product", and "Service", refer to the webpages and apps located on the App Store, https://4dcreatives.ca and https://jam4dv3.herokuapp.com.

"User”, "You", and "Your" refer to a person using the site.

Overall and Eligibility

This Site is made available and operated by 4D. 4D makes the Site available to You, conditioned upon Your acceptance of all terms here. By visiting our Site and/or purchasing any products and subscriptions, You agree to be bound by this Privacy and Terms of Use. These Privacy and Terms of Use apply to all Users of the Site, including without limitation Users who are browsers, customers, and/or contributors of content.

Please read these Privacy and Terms of Use carefully before accessing or using the Site. YOUR ACCESS OR USE OF THE SITE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE PRIVACY AND TERMS OF USE.  By accessing or using any part of the Site You also represent that You have the legal authority as per applicable law (including but not limited to age requirement) to accept the Privacy and Terms of Use on behalf of Yourself and/or any other person You represent in connection with Your use of the Site. If You do not agree to these Privacy and Terms of Use, then You may not access or use the Site.

You may be required to provide information about Yourself in order to register for and/or access certain Services and Apps. You agree that any such information shall be accurate. You may also be asked to create a login email and password. You are entirely responsible for maintaining the security of Your login email and password and agree not to disclose such to any third party.

Automation

This service may contain translations and analytics powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement. 

Reasonable efforts have been made to provide an accurate translation, IPA transcription, and music playback. However, no automated translation, transcription, playback are perfect nor they are intended to replace humans. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations, transcriptions, and playbacks.

Beta Apps and Updates

4D may, from time to time, offer Products that are classified as Beta versions. Access to and use of Beta versions may be subject to additional agreements. You understand that a Beta version may never be made generally available. 4D the right to discontinue or modify a Beta version at any time without advanced notice. Beta versions are provided AS IS, may contain bugs and errors. Your use of a Beta version is at Your sole risk.

Any new features or tools which are added to the Site shall also be subject to the Privacy and Terms of Use. You can review the most current version of the Privacy and Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Privacy and Terms of Use by posting updates and/or changes to our Site. It is Your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes acceptance of those changes.

User Content

4D does not record or store any audio and video transmission uploaded by Users. You retain copyright and any other rights You already hold in content which You submit, post or display on or through 4D. You understand that any in-app chat, audio, and video data may be viewed before the transmission and You give Us consent to do so. 4D is not responsible for any content transmitted over them and their consequences.

You represent and warrant that You have the right to upload the content to 4D and that such use does not violate or infringe on any rights of any third party. Under no circumstances will 4D be liable in any way for any (a) content that is transmitted, retransmitted, or viewed while using the Site and Apps, (b) errors or omissions in the content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to content. Although 4D not responsible for any content, 4D may erase any content, at any time without notice to you, if 4D becomes aware that it violates any provision of this Privacy and Terms of Use, or any law.

Site Maintenance

4D accepts no responsibility for keeping the information on Our systems up to date or complete. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided. Every effort is made to keep the Site up and running smoothly. However, 4D takes no responsibility for, and will not be liable for, the Site, and any third party resources (such as peer-to-peer connection) being temporarily unavailable due to technical issues beyond Our control.

Prohibited Use

You agree that You will not use, and will not permit any User to use 4D Site: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Products and Apps; (ii) knowingly or negligently use the Site in a way that abuses, interferes with, or disrupts 4D's performance, Your accounts, or the Products; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Apps; or (v) use the Apps to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vi) upload or transmit any code that does or is intended to harm, disable, destroy or adversely affect performance of the Site in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of 4D or other users of the Site; (vii) engage in any activity or use the Site in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Site, or any servers or networks connected to the Apps or 4D's security systems. (viii) use the Site in violation of any 4D policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.

Indemnification

You agree to indemnify and defend 4D from any claims, liabilities, damages, losses, costs, expenses or fees arising from Your violation, including, but not limited to, matters related to use of your usage in reliance on the Privacy and Terms of Use. Under no circumstances will 4D held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your usage of the Site, or from Your reliance on the information and material in this Site, even if 4D has been advised of the possibility of such damages in advance. In providing external links to third party sites and email addresses, 4D does not in any way, expressly or implicitly, endorse the linked sites or resources or the respective contents thereof. You further acknowledge and agree that 4D shall not be responsible or liable, whether directly or indirectly, for any damages or loss caused or sustained by You in connection with any use or reliance on information or material obtained from third party sites.

Collection of Data and Analytics

We receive, collect, and store any information You enter on Our site or provide Us in any other way. In addition, We collect the internet protocol (IP) address used to connect Your computer to the internet; login; email address; password; computer and connection information; and purchase history. We may use tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, and communications); payment details (including credit card information); comments; feedback; reviews; recommendations; and personal profile.

When You conduct a transaction on our website, as part of the process, We collect personal information You give Us such as Your name, address, and email address. Your personal information will be used for the specific reasons stated below only.

We collect such non-personal and personal information for the following purposes:

■ To provide and operate the Site;

■ To provide Our clients with ongoing customer assistance and technical support;

■ To be able to contact Our visitors and clients with general or personalized service-related notices and promotional messages;

■ To create aggregated statistical data and other aggregated and/or inferred non-personal information, which We may use to provide and improve Our services; 

■ To comply with any applicable laws and regulations.

Payment and Contact Information

The Site is hosted on the App Store, Wix, Heroku, and Azure platforms. Wix and the App Store provide Us with the online platform that allows Us to sell Our Products and Services to You. These platforms store your data on secure servers behind a firewall. 

All direct payment gateways offered by Wix adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and its service providers.

We may contact You to notify You regarding Your account, to troubleshoot problems with Your account, to resolve a dispute, to collect fees or monies owed, to poll Your opinions through surveys or questionnaires, to send updates about Us, or as otherwise necessary to contact You to enforce Our Privacy and Terms of Use, applicable national laws, and any agreement We may have with You. For these purposes We may contact You via email.

You may cancel Your paid 4D Jam Connect subscription at any time. If You cancel, You will not be billed for any additional terms of access, and access will continue until the end of the current subscription term, and You will not receive a refund for any service already paid for.

iOS App subscription policy is as follows:

■ Weekly Plan for 7 days, Monthly Plan for 1 month, or Yearly Plan for 1 year: to gain uninterrupted usage of the app

■ Payment will be charged to iTunes Account at confirmation of purchase

■ Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

■ Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal

■ Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase

■ Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

■ Licensed application end user license agreement: visit https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

If You would like to access, correct, amend, or delete any personal information we have about You, You are invited to contact Us at admin@4dcreatives.ca.