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Terms and Conditions & Privacy Policy

 

​In conjunction with the biennale Nuit Verte 2022, Mona young-eun KIM offers the public an immersive experience in augmented reality. Created by the artist and developed by Robert HULLAND, this application, Doublage - Bordeaux, will transform visitor’s perception of reality by switching an urban environment composed of videos, images and 3D animations drawn from the artist’s installation. Available on Apple Store and Google Play, this application will invite the audience to explore the artist’s work in public space.

 

Credits

 

Artistic direction 

Mona young-eun KIM

 

Design & Development

Robert HULLAND

 

Publisher

Mona young-eun KIM

 

Adresse

24 rue norvins

75018 Paris

 

E-mail 

azurparang@gmail.com

 

Legal mentions

 

Mona young-eun KIM

 

Doublage - Bordeaux Augmented Reality Mobile App

Terms of Use

 

Last updated: August 2022


 

About Mona young-eun KIM and these Terms of Use

 

Mona young-eun KIM is an artist based in France. The mobile application ("Doublage - Bordeaux") is owned and edited by Mona young-eun KIM.

These terms of use ("Terms of Use") govern your use of Doublage - Bordeaux. In these Terms of Use, we use the term Mona young-eun KIM, "we", "us" and "our" to refer to the head office of Mona young-eun KIM at the registered address above and its affiliates. Please read these Terms of Use carefully before using Doublage - Bordeaux. By using Doublage - Bordeaux, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of Doublage - Bordeaux.


 

Updates to these Terms of Use

 

We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on Doublage - Bordeaux. Any new version of these Terms of Use shall take effect and will govern the use of Doublage - Bordeaux and your relationship with us immediately upon the date of posting. By continuing to use Doublage - Bordeaux, you agree to be bound by the terms of these updates and amendments. 

 

Our Privacy Policy

 

Our information collection practices on Doublage - Bordeaux, such as the types of information we collect regarding visitors to Doublage - Bordeaux and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

 

Using Doublage - Bordeaux Safely

 

When you use Doublage - Bordeaux you need to be aware of your surroundings to protect the property and personal safety of yourself and others around you. You acknowledge that your use of Doublage - Bordeaux is at your own risk and that you are responsible for any relevant insurance relating to damage to property or personal injury. You acknowledge that you are aware of the risks of damage to property or personal injury that may arise as a result of you not using Doublage - Bordeaux safely, and we cannot be held liable for any negligence to the extent that you do not follow our recommendations.


 

End User Licence Agreement

 

Full use of Doublage - Bordeaux requires compatible devices. You agree to use Doublage - Bordeaux only for lawful purposes and only in compliance with (i) all applicable local, national and international laws and regulations connected with Doublage - Bordeaux, (ii) these Terms of Use, and (iii) any reasonable instructions and guidelines that we may issue within Doublage - Bordeaux or otherwise in relation to Doublage - Bordeaux from time to time. 

 

You acknowledge that all intellectual property rights in Doublage - Bordeaux anywhere in the world belong to us or our licensors, that rights in the software or firmware that form part of Doublage - Bordeaux are licensed (not sold) to you, and that you have no rights in, or to, Doublage - Bordeaux other than the right to use each of them in accordance with these Terms of Use.

 

The design, trademarks, service marks, logos and branding displayed in Doublage - Bordeaux and all content and information within it, belongs to Mona young-eun KIM and its licensors, and are protected by intellectual property legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide and you must not use it except as strictly permitted by these Terms of Use.

 

In consideration of you agreeing to abide by these Terms of Use, Mona young-eun KIM grants you a limited, non-transferable, non-exclusive licence to use Doublage - Bordeaux and its software or firmware, to install and use Doublage - Bordeaux on any supported mobile device for your own non-commercial, educational, private or domestic use only. Your download of Doublage - Bordeaux is subject to the terms of download imposed by the operator of the App Store and Google Play Store from which you download Doublage - Bordeaux. We reserve all other rights not expressly granted to you under these Terms of Use.

 

You may not:

- use Doublage - Bordeaux on any device that you do not own or control;

- rent, lease, sell, sublicense, redistribute, adapt, vary or modify Doublage - Bordeaux;

- copy, reverse engineer, decompile, attempt (in whole or in part) to obtain the source code of, modify or create derivative works of Doublage - Bordeaux, or any updates except to the extent that you cannot be prohibited from so doing under applicable law; or - adapt or circumvent or disable any technological protection measures contained in or used to protect Doublage - Bordeaux.

 

You must not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software.

 

Use of materials on Doublage - Bordeaux

 

Mona young-eun KIM has created Doublage - Bordeaux to provide dedicated content for your personal use. 

You may download one computer copy or print one copy of the material made available to you via Doublage - Bordeaux, or download Doublage - Bordeaux on to your mobile device, for your own non- commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright ©, trademarkTM are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on Doublage - Bordeaux (such as Mona young-eun KIM's creations, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Mona young-eun KIM Material") are owned by or licensed to Mona young-eun KIM and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. 

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Mona young-eun KIM Material in any way for any public or commercial purposes. Furthermore, Mona young-eun KIM Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Mona young-eun KIM Material will automatically terminate and any copies made of Mona young-eun KIM Material must be immediately destroyed. Any unauthorised use of Mona young-eun KIM Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

 

Limitation of liability

 

This section applies to Doublage - Bordeaux only. 

 

Mona young-eun KIM tries to ensure that the information provided is accurate and complete. However, Mona young-eun KIM does not warrant or represent that Mona young-eun KIM's Material is accurate, error-free or reliable or that use of Mona young-eun KIM Material will not infringe rights of third parties. 

 

Mona young-eun KIM does not warrant that the functional and/or technical aspects of Doublage - Bordeaux or the Mona young-eun KIM Material will be error free or that Doublage - Bordeaux, Mona young-eun KIM Material or the servers that make them available are free of viruses or other harmful components. If use of Doublage - Bordeaux or Mona young-eun KIM Material results in the need for servicing or replacing property, material, equipment, data or other element, Mona young-eun KIM is not responsible for those costs. Without limiting the foregoing, everything on Doublage - Bordeaux is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. Mona young-eun KIM and its suppliers make no warranties about the Mona young-eun KIM Material, software, text, downloads, graphics, and links, or about results to be obtained from using Doublage - Bordeaux. To the fullest extent permitted by applicable law, Mona young-eun KIM shall not be liable for any property damage, personal injury, or death that may occur during your use of Doublage - Bordeaux. You agree to release Mona young-eun KIM from any claims or damages (including indirect, incidental, special or consequential damages) arising out of or in connection with the use of Doublage - Bordeaux relating to damage to property, death or personal injury, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Mona young-eun KIM has been advised of the possibility of such claims or damages.

 

To the fullest extent permitted by applicable law, Mona young-eun KIM shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from Doublage - Bordeaux or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Mona young-eun KIM has been advised of the possibility of such damages. 

 

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

 

Trademark notice

 

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on Doublage - Bordeaux are registered, unregistered or otherwise protected Mona young-eun KIM trademarks or are licensed for use by Mona young-eun KIM by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on Doublage - Bordeaux should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Mona young-eun KIM's prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on Doublage - Bordeaux, or any other content on Doublage - Bordeaux, except as provided herein, is strictly prohibited.

 

Copyright notice

 

All content (including Mona young-eun KIM Materials) on Doublage - Bordeaux are either Copyright O Mona young-eun KIM or are licensed for use by Mona young-eun KIM. All rights are reserved. Please refer to the section above on Use of Materials on Doublage - Bordeaux.

Links & linking

Doublage - Bordeaux may contain links to other platforms operated by third parties not affiliated to Mona young-eun KIM. The inclusion of any link to such third party sites does not imply endorsement by Mona young-eun KIM of those sites. Mona young-eun KIM has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of Doublage - Bordeaux. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Mona young-eun KIM does not authorise linking to Doublage - Bordeaux from a third party platform without its express prior written authorisation.


 

Termination and suspension

 

You agree that Mona young-eun KIM may terminate or suspend your access to and use of Doublage - Bordeaux if Mona young-eun KIM reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Mona young-eun KIM, its affiliated companies or any third party, with or without notice to you. You agree that Mona young-eun KIM may modify or discontinue providing any of Doublage - Bordeaux, with or without notice to you. You agree that Mona young-eun KIM will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.

 

General provisions

 

Unless otherwise specified, the information and Mona young-eun KIM Materials presented on Doublage - Bordeaux are presented solely for information purposes only. Mona young-eun KIM makes no representation that Mona young-eun KIM Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Mona young-eun KIM Material may not be legal by certain persons or in certain countries. 

 

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law. 

 

These Terms of Use constitute the entire agreement between you and us in relation to the use of Doublage - Bordeaux, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. 

 

The waiver by Mona young-eun KIM of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

 

Applicable law and jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of France, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use.

Where the laws of France are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

 

Contact us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

 

Mona young-eun KIM

24 rue norvins

75018 Paris

Tel. +33 6 51 34 30 50

Mail azurparang@gmail.com











 

FAQ

 

OVERVIEW

First things first, here's a brief overview of the whole experience. The Doublage - Bordeaux app offers a new way to discover and experience augmented reality art. You'll find artwork which you can place, view, photograph and film through the camera screen in this app.

 

What is Augmented Reality (AR)?

AR, as it's commonly known, allows you to see digital images, objects and animations in the real world through your smartphone camera. Unlike VR, you don't need a special headset.

 

SUPPORTED DEVICES AND ACCESS REQUIREMENTS

The app uses cutting-edge technology that works best on high-end phones with the latest software. The devices supported are iPhone X or above, and Samsung Galaxy S8 or equivalent. The app requires a phone with a minimum of 4GB of memory and Apple iOS 11 or Android 8.0 Oreo (API 24) operating system.

 

The app needs access to your phone's camera (in order to see the digital artworks), microphone (to record videos), GPS location (to save and locate geolocated digital artworks), and your photo gallery to save pictures and videos. The app also needs to be connected to the internet to add, place or view artworks.

 

LIGHT AND SHADOW OPTIONS

If you tap the screen settings icon on the camera screen in your app, you'll see light and shadow modes. You'll also find a torch option to light up the sculptures at night.

 

VIEWING THE ARTWORKS

 

Will other people be able to see my art through their phones?

The artwork can only be seen through your phone.

 

Why can't I see the artwork?

Please check that you have given the app access to your camera. Just go to your phone's settings, select the Doublage - Bordeaux app and enable the camera. For the app to perform fully, you should also enable location, microphone, photos and, unless you only want to use it with WiFi, mobile data. If you're still having problems, contact azurparang@gmail.com.


​

Other Privacy
 

These Terms

​

These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when access our website located at https://www.monayoungeunkim.com/ (the Website) and, if applicable, download and use our mobile app (the App) from a third party platform.

Please refer carefully to these Terms before you start to use the Website and, if applicable, the App. We recommend that you print a copy of these Terms for future reference. By using the Website and, if applicable, the App, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.

Other Applicable Terms

These Terms include our Privacy Policy (the Privacy Policy), which sets out the terms on which we process any personal data we collect from you or that you provide to us via the Website.

Changes to These Terms

At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Website and/or the App.

Please check this page from time to time to take notice of any changes we have made. By continuing to use the Website and/or the App after changes are made, you are accepting those changes and will be bound by them.

The Website

We offer the Website primarily for information purposes, including without limitation information relating to:

  • artists with whom we are collaborating;

  • details of the virtual reality art works (the VR Artworks) which we have commissioned from such artists;

  • events; and

  • other news.

Visitors to the Website may also sign up to receive newsletters from us. We will require only an email address for this purpose. Please refer to our Privacy Policy for more information on how we process your personal data.

The list above is not an exhaustive list of the functions of the Website and we may decide to offer additional Website functions, or cease to provide any Website functions, at any time.

The App

The App enables users to view and experience selected VR Artworks.

The App is available for download from various third party platforms (the Platforms), the current list of which at any given time will be made available on the Website.

The App is currently offered for download free of charge, as is access to the features offered via the App (including access to the VR Artworks). However we reserve the right to make changes to the App – including in relation to the charging of any fees – at any time.

In addition to these Terms, your use of the App will be subject to any terms and conditions of the relevant Platform from which you download it (Platform Terms). We have no knowledge of or control over any Platform Terms and you accept the Platform Terms at your own risk.

App Licence Restrictions

Except as expressly allowed in these Terms, you may not:

  • copy the App (except where such copying is enabled by the App);

  • transfer the App to anyone else;

  • sub-license or otherwise make the App available in whole or in part (and whether in object or source code form) to any person;

  • make any alterations to, or modifications of, the App; or

  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do so,

(together the App Licence Restrictions).

Acceptable Use Restrictions

You may use the Website and the App only for personal and lawful purposes. In particular, but without limitation, you agree not to:

  • use the Website or the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • use, share, or otherwise exploit the Website or the App for any commercial, business, or monetised purpose whatsoever;

  • reproduce, duplicate, copy, share, or re-sell any part of the Website or the App in contravention of these Terms;

  • use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

  • transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or the App; or

  • access without authority, interfere with, damage or disrupt (a) any part of the Website or the App; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website or the App; or (d) any equipment, network or software owned or used by any third party,

(together the Acceptable Use Restrictions).

 

Termination of Your Rights

We may terminate your rights under these Terms immediately and without notice if:

  • you have breached any of the App Licence Restrictions or the Acceptable Use Restrictions;

  • we believe that your use of the Website or the App is unsuitable in any way; or

  • you are otherwise in breach of these Terms.

If we terminate your rights under these Terms:

  • you must immediately stop all activities authorised by these Terms, including your access to the Website and your use of the App; and

  • you must immediately delete or remove the App from all devices then in your possession, custody or control and, if required, confirm to us that you have done so.

Intellectual Property Rights

You acknowledge and agree that:

  • the App, Website, and all material published on, in, or via the Website and the App (including but not limited to the VR Artworks and all other text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, and  data (together the Content) is owned and controlled by or licensed to us;

  • limited rights in the Content are licensed (not sold) to you under these Terms;

  • you have no rights in, or to, the Content other than the right to use the Content strictly in accordance with these Terms; and

  • you may not copy, adapt, display, share, communicate to the public or otherwise use any Content except as enabled and permitted by the Website, the App and these Terms from time to time.

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