Virtual Shop Terms
Dipl.-Ing. Stefan Haberkorn
Mobil: +49 178 80 23 500
Festnetz: +49 391 24289009
FAX: +49 391 660 964 295
VISUALIMPRESSION Terms of Service
The following terms and conditions govern all use of the VISUALIMPRESSION services (the Services).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein (the Agreement). If you create the account to use the VISUALIMPRESSION desktop application, you must also agree to the VISUALIMPRESSION End User License Agreement. You agree that we may automatically upgrade the Services, and these terms will apply to any upgrades. Your agreement is with VISUALIMPRESSION sp. z o.o. with its main seat at ul. Jean-Burger-Straße 2, 39112 Magdeburg, entered into the register of entrepreneurs of the Commercial Register by Stendal for VISUALIMPRESSION GmbH under the HRB 28797.
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.
- You must be 16 years or older to use the Services.
Use of the VISUALIMPRESSION desktop application and 3D
scenes hosting services requires
a 3d.VISUALIMPRESSION .de account. You agree to provide
us with complete and accurate information when you register
for an account. You will be solely responsible and liable
for any activity that occurs under your username. You are
responsible for keeping your password secure.
You must be a human. Accounts registered by „bots“ or other
automated methods are not permitted.
One person or legal entity may not use more than one account
to circumvent one-month usage limit of the Trial version of
The Services allow you to upload and host 3D scenes
created with the VISUALIMPRESSION application (Content) and to
participate in audio-video meetings within the 3D
scenes. You agree not to use the Services for hosting
of any other files. The following activity and Content isn’t
- Illegal content and conduct.
- Intellectual property infringement.
- Technologically harmful content.
- Content that collects or shares personal information
about visitors in ways that violate the General Data
Protection Regulation (GDPR).
- Hotlinking – other sites should not use individual
files that are part of 3D scenes hosted by
us. Linking of using iframes to display complete
3D scenes is permitted.
- Spam or machine generated content
You may not use the Services in any manner that could damage,
disable, overburden, or impair the Services or in any manner
that could interfere with any other party’s use of the
You may not use the Services for any illegal or
unauthorized purpose. You must not, in the use of the
Service, violate any laws in your jurisdiction.
Copyright and content ownership
We claim no intellectual property rights over the Content you
provide to the Service, it remains yours.
You are entirely responsible for the Content uploaded to your
account, and any harm resulting from, that Content or your
conduct. By using the Services, you represent and warrant that
your Content and conduct do not violate these terms.
By uploading the Content you grant VISUALIMPRESSION a world-wide,
royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of
displaying and distributing your 3D scenes.
VISUALIMPRESSION does not publicly share your uploaded Content
without your explicit consent.
If you delete the Content, VISUALIMPRESSION will use reasonable
efforts to make it not accessible through VISUALIMPRESSION
website, but you acknowledge that cached Content or
references to the Content may not be made immediately
Without limiting any of those representations or warranties,
VISUALIMPRESSION has the right (though not the obligation) to, in
VISUALIMPRESSION’s sole discretion, refuse or remove any Content
that, in VISUALIMPRESSION’s reasonable opinion, violates any
VISUALIMPRESSION policy or is in any way harmful or objectionable.
You shall defend VISUALIMPRESSION against any claim, demand, suit or
proceeding made or brought against VISUALIMPRESSION by a third-party
alleging that your Content, or your use of the Services in
violation of this Agreement, infringes or misappropriates the
intellectual property rights of a third-party or violates
applicable law, and shall indemnify VISUALIMPRESSION for any damages
finally awarded against, and for reasonable attorney’s fees
incurred by, VISUALIMPRESSION in connection with any such claim,
demand, suit or proceeding; provided, that VISUALIMPRESSION (a)
promptly gives you written notice of the claim, demand, suit or
proceeding; (b) gives you sole control of the defense and
settlement of the claim, demand, suit or proceeding (provided
that you may not settle any claim, demand, suit or proceeding
unless the settlement unconditionally releases VISUALIMPRESSION of all
liability); and (c) provides to you all reasonable assistance,
at your expense.
- We claim no intellectual property rights over the Content you
- Commercial VISUALIMPRESSION application license paid monthly
allows the Licensee to use hosting services operated by
VISUALIMPRESSION for as long as the license is in force.
The number of hosting slots and additional features,
such as the ability to change branding of the viewer,
depend on the monthly payment plan selected by the
- Commercial VISUALIMPRESSION application license paid with a
one-time payment allows the Licensee to use hosting
services operated by VISUALIMPRESSION for one year with a
limited number of hosting slots. After the one year the
hosting services can be extended for a fee. Additional
hosting slots can be purchased for an additional monthly
The users of the time-limited trial version of the
VISUALIMPRESSION application can use hosting services with 3
slots for the duration of the trial. The trial
application and accompanying hosting services are provided
for evaluation purposes only. If you do not upgrade from
the trial to the commercial version of the application, we
reserve the right to remove 3D scenes uploaded
during your trial period. We display text and links in
3D scenes created with the trial version of the
application attributing VISUALIMPRESSION. Such attributions can
not be removed during the trial period.
- Commercial VISUALIMPRESSION application license paid monthly
- Payments for the application license and
Our order process is conducted by our online
reseller Paddle.com. Paddle.com is the Merchant of
Record for all our orders. Paddle provides all
customer service inquiries and handles returns.
By subscribing to one of the monthly plans, you agree to
pay VISUALIMPRESSION through Paddle the monthly subscription
fees indicated for that plan. Payments will be charged
on a pre-pay basis on the day you sign up for a plan and
will cover the use of the software and services for a
monthly subscription period as indicated.
For any upgrade or downgrade in plan level while on a monthly
billing cycle, you will be charged the new rate on your next
There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with
an open account.
Unless you notify VISUALIMPRESSION before the end of the applicable
subscription period that you want to cancel the subscription,
your subscription will automatically renew and you authorize
Paddle to collect the then-applicable monthly subscription fee
(as well as any taxes) using any credit card or other payment
mechanism Paddle has on record for you. Subscriptions can be
canceled at any time at the 3d.VISUALIMPRESSION.de.
- Our order process is conducted by our online
Responsibility of visitors
VISUALIMPRESSION has not reviewed, and cannot review, all of the
material posted to the Services or shared as audio-video or
screen share streams, and cannot therefore be responsible
for that material’s content, use or effects. The Services
may contain content that is offensive, indecent, or
otherwise objectionable, as well as content containing
technical inaccuracies and other errors. The Services may
also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and
conditions, stated or unstated. VISUALIMPRESSION disclaims any
responsibility for any harm resulting from the use by
visitors of the Services, or from any downloading by those
visitors of content there posted.
VISUALIMPRESSION does not record or store audio-video and screen
share streams shared by 3D meetings participants, but you
acknowledge that these streams are accessible to all the
meeting participants. The participants can see, record and
store the content of shared streams on their devices. It is
your responsibility not to share information that you
consider sensitive, if other meeting participants are not
trusted. VISUALIMPRESSION disclaims any responsibility for any
harm resulting from meeting participants misuse of the
VISUALIMPRESSION reserves the right to temporarily or permanently
deny access to visitors that access the Services in any manner
that could damage, disable, overburden, or impair the
- VISUALIMPRESSION has not reviewed, and cannot review, all of the
This Agreement does not transfer from VISUALIMPRESSION to you any
VISUALIMPRESSION or third party intellectual property, and all right,
title, and interest in and to such property will remain (as
between the parties) solely with VISUALIMPRESSION.
We are constantly updating the Services, and that means
sometimes we have to change the legal terms under which the
Services are offered. If we make changes that are material, we
will let you know by sending you an email or other communication
before the changes take effect or by posting a notice on our
site. The notice will designate a reasonable period of time
after which the new terms will take effect. If you disagree with
our changes, then you should stop using the Services within the
designated notice period. Your continued use of the Services
will be subject to the new terms. However, any dispute that
arose before the changes shall be governed by the Terms
(including the binding individual arbitration clause) that were
in place when the dispute arose.
Cancellation and termination
You are solely responsible for properly canceling your
account. You can cancel your account at any time by clicking
on the ‚Settings‘ tab in the global navigation bar
If you violate this Agreement or VISUALIMPRESSION End User Licensee
Agreement, VISUALIMPRESSION may terminate your access to all or any
part of the Services at any time, effective immediately.
All provisions of this Agreement which by their nature should
survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- You are solely responsible for properly canceling your
Limitation of liability
In no event will VISUALIMPRESSION, or its suppliers or licensors, be
liable with respect to any subject matter of this Agreement
under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use
or loss or corruption of data; or (iv) for any amounts that
exceed the greater of: (a) any fees paid by you to VISUALIMPRESSION
under this agreement during the twelve (12) month period prior
to the cause of action (b) one hundred dollars (100
USD). VISUALIMPRESSION shall have no liability for any failure or
delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by
WarrantyYour use of the Services is at
your sole risk. The Services are provided without any
warranty and on an „as is” and „as available“ basis. To the
maximum extent permitted by law VISUALIMPRESSION hereby disclaims
any warranty, express or implied, including, without
limitation, the warranty of merchantability, fitness for a
particular purpose and non-infringement. VISUALIMPRESSION does not
warrant that the Services will be error free, secure or that
access thereto will be continuous or uninterrupted.
Attorney feesIf any legal action is
necessary to enforce this Agreement, the prevailing party
shall be entitled to reasonable attorney fees, costs and
expenses in addition to any other relief to which it may be
SeverabilityThe invalidity or
unenforceability of any provision or provisions of this
Agreement shall not affect the validity or enforceability of
any other provision hereof, which shall remain in full force
Applicable LawThis Agreement will be
governed by the laws of Poland.
Dispute resolutionAny disputes arising
under or in connection with the provisions of this Agreement
will be finally settled exclusively by the Court of
Arbitration at the german Chamber of Commerce in Magdeburg
under the Rules of the Court of Arbitration in force on the
date of commencement of the proceeding by an arbitrator or
arbitrators appointed in accordance with the said rules.