Terms and Conditions


 
Please read these terms and conditions ("Agreement") carefully. It governs your use of this web-site ("Site"). By using this Site you, the person using this Site (referred to in this Agreement as "you" or "your") agree with Otus Technology Ltd (referred to in this Agreement as "we", "us" or "our") to be bound by the terms of this Agreement. If you do not accept the terms and conditions contained in this Agreement, you may not use this Site or access or display any of the information made available to you at this Site.
 
1. Licence to use this Site
We grant to you a non-exclusive, non-transferable licence to use this Site for your own personal use, including:1. to display any information; and
1. to print copies of any information relating to any property or services made available on this Site.
 
2. You may not:
2.1 except as expressly agreed by us in writing, use this Site, including any information that you extract from this Site, for any commercial purpose or payment;
2.2 except as expressly agreed by us in writing, copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any information made available on this Site, whether for commercial gain or otherwise;
2.3 decode nor try to determine the method of representation of any information or service made available on this Site; or
2.4 remove any proprietary notices, labels or marks from this Site.
 
3. Intellectual Property
All rights, including copyright, trade marks, names and logos, used in relation to this Site are owned by or controlled for these purposes by us. Nothing in this Agreement confers on you any licence or right under any or our trade marks, names or logos or those of any third party.
 
4. No Warranty
You acknowledge that this Site may contain bugs, errors and other problems that could cause systems failures. Consequently, this Site is provided "AS IS", without a warranty of any kind.

5. Your User Submissions
5.1 As a VRstation account holder you may submit virtual tour images, video content and textual content (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
5.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to us and other Website users. These are described in paragraph 7 of these Terms (Rights you licence).
5.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
5.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable us to use your User Submissions for the purposes of the provision of the Services by us, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.


6. Content of your User Submissions
6.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the VRstation Guidelines, found at http://www.vrstation.net/content_guidelines.asp, as updated from time to time.
6.2 You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Services.
6.3 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant us the licence referred to in paragraph 7.1 below.
6.4 We reserve the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
6.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such User Submissions.

7. Rights you Licence
7.1 When you upload or post a User Submission to us, you grant:
A. to us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and our business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and under these Terms.
7.2 The above licenses granted by you do not terminate when you remove or delete your User Submission from the Website. The above licenses granted by you are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 5.2 above.


8. Our content on the Website
8.1 With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "VRstation Content") is either owned by or licensed to us, and is subject to copyright, trade mark rights, and other intellectual property rights of us or our licensors. Any third party trade or service marks present on the our Content are trade or service marks of their respective owners.
8.2 Our Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent from us, or our licensors. We reserve all rights not expressly granted in and to the VRstation Content.


9. Links from VRstation
9.1 The Services may include hyperlinks to other web sites that are not owned or controlled by us. We has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites.
9.2 You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
9.4 We encourage you to be aware when you leave the VRstation website and to read the terms and conditions and privacy policy of each other website that you visit.


10. Limitation of Liability
10.1 Nothing in these Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.
10.2 Subject to the overall provision in paragraph 10.1 above VRstation shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
2. any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
3. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
4. your failure to provide us with accurate account information;
5. your failure to keep your password or our account details secure and confidential.
6. You use this site at your own risk. In no event will we be liable to you for any loss or damage of any kind (except personal injury or death resulting from our negligence) including any lost revenue, profit, or data, or for special, indirect, consequential, incidental or punitive damages howsoever caused.
10.3 The limitations on our liability to you in paragraph 10.2 above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. 


11. Your acknowledgement
You acknowledge that the information made available to you on this site is provided by third parties over whom we have no control, in particular in relation to the accuracy or completeness of the data. You agree that we shall not be in any circumstances be liable to you for any loss or damage at all arising from any inaccuracies, faults or omissions in, or in the provision, the information unless caused by our negligence or wilful default.
 
12. Liability
Neither you nor we shall be liable to the other for any failure to perform any obligation due to the failure of any machine, data processing system or transmission link to operate or for any reason beyond your or our control (as the case may be).

13. Modification of Terms
We may, at our sole discretion, change any term of this Agreement by posting a new agreement on our web-site. It is your responsibility to check if changes have been made. Your continued use of the web-site after such changes are posted will constitute your acceptance of the changes to such terms.
 
14. Modification of web-site
We may, at our sole discretion, terminate, change or suspend any part of our web-site, including any content, features or hours of availability.
 
15. Offers
Nothing on this web-site shall constitute an offer by us to provide to any person any information or any goods or services.
 
16. Third Party Rights
Nothing in this Agreement confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1995.
 
17. Severance
If any part of this Agreement is found to be void or unenforceable, it will be severed from the rest of this Agreement so that it is ineffective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
 
18. Entire Agreement
This Agreement records the entire agreement between you and us. Nothing in this clause shall affect the liability of either party in respect of any misrepresentation which it makes fraudulently.
 
19. Governing Law
This Agreement is made under and will be governed by the laws of Scotland. You and we hereby submit to the non-exclusive jurisdiction of the Scottish Courts.