General Terms and ConditionsGeneral Terms and Conditions
1. Allgemeines – General
Customers need to read and accept our terms and conditions.
The present general Terms and Conditions and the General Terms and Conditions specific to the various services that are part thereof, hereinafter jointly referred to as the “General Terms and Conditions” apply to allcontractual relations between vr-easy GmbH and the customer=subscriber. In case the customer has own t&c these are not applicable.
1.2 Contractual agreement
The contractual language is German. The translation of our Terms and Conditions of Business (t&c) into foreign languages is only intended to make them more understandable. In cases of conflicting interpretations between the German and the English version , the German “Allgemeine Geschäftsbedingungen (AGB)” is the valid version.
To make use of vr-easy services you are required to register and to subscribe with your personal data. For security reasons you receive a confirmation e-mail with all information. This is required to finalize the registration.You are requested to keep your password strictly confidential and secure and not to disclose it to 3rd parties. Your vr-easy account is your personal account and can not be transfered.
1.4 Fee based packages
To subscribe to a fee based -package you follow the following steps:
1.) You select your package
2.) You put in your data (Name, billing address.)
3.) You select your payment method
4.) Check and Confirm
VR-easy checks your request within 5 working days and send you the confirmation via e-mail. With this confirmation the contract between you and vr-easy is legally valid.You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the vr-easy service. If you become aware of an unauthorized access to your account, you must change your password and notify the vr-easy team immediately.
You receive this contract and this t&cs from us as a text file (e-mail or FAX). To fully use the VR-EASY Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to vr-easy and notify us if your information changes. If you are a business, government or non-profit organisation, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
1.5 Testversion free of charge
You can test our packages for 14 days free of charge. You have to register and select a package as described above. After the expiration of the test package the account is converted into a free of charge account and you uploaded data will be deleted. To avoid this deletion, you have to subscribe to a package prior of the expiration of your test account.
1.6 subsequent amendments to the T&C
vr-easy has the right to adapt the t&cs if this is legally required or it is businesswise necessary.In case of a change to the t&c you have the right to contradict within 6 weeks. After your contradiction both parties have the right to terminate the contract within 2 weeks.
vr-easy offers you an innovative cloud solution for 360° Virtual Tours with a variety of marketing features in different packages tailored to your needs.
We have the right to fullfill this contract or parts of it by 3rd parties.
vr-easy reserves the right to modify the vr-easy Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the vr-easy Service. vr-easy has no obligation to screen or monitor any content and does not guarantee that any content available on the vr-easy Service complies with this agreement or is suitable for all users.
vr-easy provides the vr-easy service on an “as is” and “as available” basis. You therefore use the vr-easy service at your own risk. vr-easy expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, vr-easy makes no representations or warranties:
• that the vr-easy service will be permitted in your jurisdiction;
• that the vr-easy service will be uninterrupted or error-free;
• concerning any content submitted by any member;
• concerning any third party’s use of content that you submit;
• that any content you submit will be made available on the vr-easy service or will be stored
• that the vr-easy Service will meet your business or professional needs;
• that vr-easy will continue to support any particular feature of the vr-easy service;
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty days after the date on which you first used the vr-easy Service, and no warranties shall apply after such period.
Limitation of Liability
To the fullest extent permitted by law: (1) vr-easy shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (2) vr-easy’s total liability to you shall not exceed the amounts paid by you to Vimeo over the twelve months preceding your claim.
In case of non-availability of the service vr-easy has the right to withdraw from the contract.In this case we inform our customers immediately and pay back the already paid fees for the concerning time.
In case of a consumer as contractual partner all prices include the sales tax. In case of of a business as contractual partner the prices are without the sales tax.Details are available on our internet site.
3.2 Late payment
In case of late payment we will charge the outstanding balances at arate of 5% over the base rate of the European Central Bank. Your payment is delayed after 2 weeks from receipt of our invoice.
4. Cancellation policy
Right of cancellation
You are entitled to cancel this contract within 14 days after the conclusion of the contract without providing any reasons. To make use of your right of cancellation you are required to send us an letter or an e-mail within 14 days after conclusion of contract. VR-EASY GmbH, Brüderstraße 19, 16278 Angermünde, Telefon: 03331-365 55 80, E-Mail: email@example.com) As a consequence of your cancellation we will refund all payments within 14 days. For the refund the payment method you selected for our products is applicable. Your vr-easy account is closed.
5 Subscriber’s responsibility.
The subscriber / user of vr-easy is solely responsible for content and correctness of the uploaded data. You are responsible not to provide data which violate the rights of 3rd parties or break the law. You are also responsible for the backup of your data.
5.2 Mandatory statements
Please note that the subscriber is responsible to comply with all legal requirements concerning publishing the content on vr-easy.
5.3 Imprint of VR-EASY GmbH
The subscriber except white lable user may not change or modify the imprint.Exception: white lable users.
5.4 Restriction of usage
You may not upload, post, or transmit (collectively, “submit”) any panorama, video, image, text, audio recording, or other work (collectively, “content”) that:
• Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;• Depicts unlawful acts or extreme violence;
• Promotes fraudulent or dubious business schemes; or
• Violates any law.
Any violation can result in the deletion if the content and also in the deletion of your account. Refund of already paid fees will not be granted in this case.
You are required to use our services strictly according the law and this t&c. Abuse of our services results in closure of your account. No refund will be paid on this case.
6.1 free of charge contract
You can terminate the free of charge contract at any time. This will result in the deletion of all content of this account.
6.2. fee based packages
Fee based packages can be terminated by end of the concerning payment cycle.After termination a fee based account the account will be transferred into a free of charge account. Without termination the contract is automatically extended over the next payment method.
6.3 Termination without notice
This Agreement may be terminated at any time without notice for good cause.an cause is– you registered with wrong or incomplete data – violation of this contract
7. Copyright laws and licence
7.1 Copyright law.
Vr-easy is protected by copyright. This concerns the program code, the design and the appearance of vr-easy. It is not permitted to copy or transfer vr-easy except the contractual usage.
The vr-easy GmbH owns the exclusive right of usage. We transfer the right of usage as far it is necessary for the fulfillment of this contract. You receive a non-exclusive limited to your subscription right of usage. You may not transfer licenses – except you are a white lable subscriber. With the termination of your contract the licence is also terminated.
7.3 Exception for the White Lable Package
Subscriber of the White Lable Package are allowed to transfer the right of usage and the access to third parties. In this case the White lable subscriber must secure, that these t&cs apply also to his customers. The maximum number of user will be individually agreed.In case of violation or suspect of violation the white lable subscriber must disclose the the personal data of his customer.
We reserve the right for compensation in case of misuse of the vr-service.
8. Usage of this service
8.1 Further Development and Availaility
We adapt our solution constantly to upcomming technical and business requirements. Therefore, this service might change in future and will be enhanced with new features. We have the tight to disrupt the operation of this to perform service and maintance.
8.2 Technical Prerequisites
The subscriber is responsible to use compatible deives for the usage of the vr-easy service.
8.3 fault reports
Faults of our cloud solution must be reported immediately
Our cloud solution is provided with an mean availability of 98%.
9. Content Usage
With your registration and the upload of the data yoou provide vr-easy the right to publish the content in the internet.
VR-easy accepts no liability for it’s services. Liability for intention and gross negligence shall be excluded from this rule.
10.2 Liability Note
The German Product Liability Act applies to this contract.
10.3 Backup of data
vr-easy performs backup on regular and frequent base. However vr-easy provides no guarantee for the security and consistency of your data. It is your responsible to perform regular data backups in order to secure your data.
11. Final determinations
11.1 place of jurisdication
Place of jurisdication is Berlin/ Germany
11.2 Choice of law
German law is applicable for this contract.
11.3 Online Dispute Resolution Internet site of the EU
http://ec.europa.eu/consumers/odr/. In case of conflicts we are not willing and we are not forced to take part in a proceeding of a consumer arbitration procedure.
11.4 severability clause
If parts of this contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.