1. Introduction
These Terms and Conditions (“Terms”) govern the legal framework for the relationship between Vue Space 3D, LLC and the users of its services (“User” or “Users”).
2. Definitions
2.1. Media
Media means all visual representations provided by Vue Space 3D, LLC, including but not limited to: 3D Virtual Tour, Photography, and/or Videography, delivered to User or stored in photographic, magnetic, optical, electronic, or any other format.
2.2. Services
Services mean all actions taken by Vue Space 3D, LLC on behalf of User and all Vue Space 3D products used by User, including but not limited to use of online products and software, 3D modeling, photography and videography.
3. Services
3.1. Reselling 3D Interactive Representation
Vue Space 3D, LLC resells an Internet platform for three-dimensional interactive representation of architecture and design. Vue Space 3D, LLC converts 2D plans to 3D interactive models. The User agrees and understands that the plans generated by Vue Space 3D, LLC, or by other means, represent three-dimensional abstract models, and are not to be treated as exactly-to-scale.
3.2. Services are in Development
The User agrees and understands that the Services provided by Vue Space 3D, LLC are versions that are in development (known as beta-version). Services are constantly updated due to technical improvement and organizational conditions. User agrees that Vue Space 3D, LLC has the right to extend or restrict Services at any time either to maintain quality standards, or in response to technical or economic developments.
3.3. Temporary Service Interruptions
Vue Space 3D, LLC strives to offer Services to the best of its ability within the limits of operational resources, around the clock, smoothly and without interruptions. However, a variety of factors including but not limited to maintenance, troubleshooting, expansion of Services, security, and system upgrades may necessitate temporary interruptions of Services. Vue Space 3D, LLC will inform the User of such interruptions, if possible.
3.4. Reshoots
User will be charged 100% of Vue Space 3D, LLC’s fees and expenses for any reshoot requested by User. For any reshoot required due to a cause outside of User’s control, including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Vue Space 3D, LLC will charge no additional fee, and User will pay all expenses. If Vue Space 3D, LLC charges for special contingency insurance and is paid in full for the shoot, User will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
3.5. Cancellations and Postponements
Fees for cancellations and postponements will apply irrespective of the reason for the cancellation or postponement. Vue Space 3D, LLC assesses these fees because it must pay its employees even when a job is cancelled or rescheduled.
3.5.1 Cancellations
User is responsible for payment of all expenses incurred up to the time of cancellation of the services, plus a cancellation fee of $100.00.
3.5.2 Postponements
Unless otherwise agreed in writing, User will be charged a 100% fee if postponement of a photography or videography session occurs after Vue Space 3D, LLC’s photographer has departed for the shoot location. User may reschedule without fee with at least a 24 hours’ notice.
4. Duties of User
4.1. User Compliance
User will comply with these terms and any instructions from Vue Space 3D, LLC, particularly with regard to maintenance, updating or deletion of software.
4.2. Supply Accurate Information
User will supply accurate information when ordering and/or using Services.
4.3. Meeting Technical Prerequisites
User is responsible for meeting the technical prerequisites for proper access to Services, including but not limited to hardware, operating software, Internet connection and up-to-date browser software. User will also have a computer system with a webGL enabled graphical processor and a webGL capable browser. User is responsible for ensuring the appropriate settings. It is the responsibility User to take the measures necessary to safeguard their system, including but not limited to hardware and software components such as the security settings User’s browser, the installation of a firewall, the use of current software against computer viruses, and a regular system backup.
4.4. Errors or Interruptions
User shall immediately report to Vue Space 3D, LLC any errors or interruptions of the Services. User bears the cost of the isolation and troubleshooting of errors or interruptions if User’s behavior causes the same.
4.5 User Responsibilities
Responsibility of the User for Content.
4.5.1 User is Responsible for Uploaded Content
User is responsible for uploaded content, which they submit, edit or distribute themselves or through the use of Vue Space 3D, LLC, or otherwise hold for retrieval, including but not limited to language, images, sounds, computer programs, databases, and audio or video files. User is also responsible for the evidence of such information, including but not limited to Internet links. Vue Space 3D, LLC has no obligation to monitor the content made available by User.
4.5.2 No Illicit Content Allowed
User may not make any illicit content available in the use of Services, including but not limited to content which violates the rights of Vue Space 3D, LLC or any third party, or is illegal under the laws of Oregon or the laws of the United States of America.
4.5.3 Discovery of Illicit Content
Should concrete information or suspicion regarding the availability of illicit content as set forth in Paragraph 3.5.2 arise, Vue Space 3D, LLC is entitled to suspend User’s access to Vue Space 3D, LLC’s website and Services. Vue Space 3D, LLC is entitled to make technical arrangements through which misuse can be discovered, prevented and tracked.
5. Party Relationship
5.1 Vue Space 3D is an Independent Contractor
Vue Space 3D, LLC is an independent contractor and not an employee of User. If Vue Space 3D, LLC is deemed under any law to be an employee of User, and if the Media are, therefore, considered works made for hire under the U.S. Copyright Act, User hereby transfers the copyright to all such media to Vue Space 3D, LLC. User agrees to execute any documents reasonably requested by Vue Space 3D, LLC to accomplish, expedite or implement such transfer.
6. Conclusion of Services, Termination, and Changes to terms
6.1 Termination of Service
Vue Space 3D, LLC is an independent contractor and not an employee of User.
6.2 Periodic Review of Terms
Vue Space 3D, LLC reserves the right periodically to review the terms and adjust them as necessary. User may view changes and additions to the terms at www.vuespace3d.com/terms-and-conditions.
7. Data Use and Protection
7.1 User Data Usage
Vue Space 3D, LLC procures and processes User data only where appropriate and operationally necessary. Vue Space 3D, LLC takes appropriate technical and organizational measures in the context of storage and other processing of User data to prevent unauthorized access and processing of this data. At the same time, Vue Space 3D, LLC reserves the right to make User data available to authorities or third parties, insofar as it is legally obliged to do so.
7.2 Cookie Policy
When using Services, cookies are used to enhance the attractiveness of the services or to allow the use of certain functions. “Cookies” are small text files that are stored on a User’s computer. So-called permanent cookies remain on User’s computer and allow Vue Space 3D, LLC to recognize User. The storing of cookies can be restricted or switched off in the settings of User’s web browser.
7.3 Plugins
Services require use some items and services from third party service providers (“plugins”) that allow User access to social networks and other third-party offers. The plugins are marked with their appropriate logo. When User employs services which contain such plugins, their browser builds a direct connection to the respective servers. In the process, these providers may to a limited extent collect personal data about Users of Vue Space 3D, LLC. If User does not want such data collected, User must log out of such plugins prior to use of Vue Space 3D, LLC’s website.
7.4 User Created Content
Vue Space 3D, LLC’s website allows User to upload plans of houses and apartments and to furnish these with three-dimensional representations of pieces of furniture. User agrees that Vue Space 3D, LLC may edit these plans as well as User-generated arrangements. User further agrees that Vue Space 3D, LLC may process or create processed works from these plans and/or to disclose them and such works to third parties. User is therefore encouraged to only upload files that Vue Space 3D, LLC may use for this purpose.
8. Liability, Assumption of Risk, and Dispute Resolution
8.1 Liability
Liability for Use of services and content.
8.1.1 Claims from Use of Service
User waives claims for damages against Vue Space 3D, LLC arising from its use of Services, unless the damage was caused intentionally by Vue Space 3D, LLC or by Vue Space 3D, LLC’s gross negligence. User expressly waives claims for consequential, indirect, or consequential damages arising from use of Services, including but not limited to lost profit, loss of production, repetitional damage and damages arising from loss of User data or interruption in Services.
8.1.2 Indemnity
User agrees to indemnify and defend Vue Space 3D, LLC against all claims, liability, damages, costs, and expenses, including reasonable attorney fees and expenses, arising out of the creation or any use of any Media or arising out of use of or relating to any materials furnished by User.
8.1.3 Liability Maximum
User agrees that Vue Space 3D, LLC’s liability for all claims shall not exceed in any event the total amount owed to Vue Space 3D, LLC for Services provided to User.
8.2 Assumption of Risk
User assumes full risk of loss or damage to or arising from materials furnished by User and warrants that said materials are adequately insured against such loss, damage, or liability.
8.3 Disputes
Except as provided in Section 8.3.2 below, any dispute arising from any performance obligation under these terms shall be, at Vue Space 3D, LLC’s sole discretion, either: (1) arbitrated in Portland, Oregon, under rules of the American Arbitration Association and the laws of the state of Oregon; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof. OR (2) be adjudicated in the Circuit Court of Multnomah County, Portland, Oregon under the laws of the United States and/or of the state of Oregon.
8.3.1 Prevailing Party
The prevailing party in any dispute arising from any performance obligation under these terms shall be entitled to recover its reasonable attorney’s fees and costs.
8.3.2 Federal Jurisdiction
User hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Vue Space 3D, LLC under the Copyright Act of 1976, as amended, including subsidiary and related claims.
9. Media Rights
9.1 Copyright & Ownership
All Media and rights relating to them, including but not limited to copyright and ownership rights remain the sole and exclusive property of Vue Space 3D, LLC. No rights are transferred to User unless and until Vue Space 3D, LLC has received payment in full. Unless specifically provided elsewhere in these terms, no reprographic, reprint, republication or other secondary reproduction usages of Media may be made.
10. Transfer and Assignments
10.1 Transfer of Rights Not Available to Users
User may not assign or transfer its rights or obligations under these terms. These terms bind User and inure to the benefit of Vue Space 3D, LLC, as well as its respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. User and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder.
11. Incorporated Terms
11.1 Incorporate by reference the Copyright Act of 1976
These terms incorporate by reference the Copyright Act of 1976, as amended. They also incorporate by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of these Terms & Conditions; to the extent that any provision of these terms may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of these terms shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the Uniform Computer Information Transactions Act of any state.
12. Severability
12.1 Individual Provisions
Should individual provisions of these terms prove to be invalid, ineffective or impracticable, the validity, effectiveness and feasibility of the remaining parts of these terms is not affected thereby.
13. Amendment
13.1 Amendment Must be In Writing
No amendment of these terms is binding on the parties hereto unless set forth in writing and signed by the parties. However, invoices may reflect, and User is bound by User’s oral authorizations for additional Services, fees and expenses that could not be confirmed in writing due to insufficient time or other practical considerations.