Virtual Shop Terms

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.

1. 
   

   General terms

   1. You must be 16 years or older to use the Services.
   2. 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.
   3. You must be a human. Accounts registered by „bots“ or other
      automated methods are not permitted.
   4. One person or legal entity may not use more than one account
      to circumvent one-month usage limit of the Trial version of
      Shapespark application.
   5. 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
      allowed:
      1. Illegal content and conduct.
      2. Intellectual property infringement.
      3. Pornography.
      4. Technologically harmful content.
      5. Impersonation.
      6. Content that collects or shares personal information
         about visitors in ways that violate the General Data
         Protection Regulation (GDPR).
      7. 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.
      8. Spam or machine generated content
   6. 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
      Services.
   7. 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.
2. 
   

   Copyright and content ownership

   1. We claim no intellectual property rights over the Content you
      provide to the Service, it remains yours.
   2. 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.
   3. 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.
   4. VISUALIMPRESSION does not publicly share your uploaded Content
      without your explicit consent.
   5. 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
      unavailable.
   6. 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.
   7. 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.
3. 
   

   Hosting services

   1. 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
      Licensee.
   2. 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
      fee.
   3. 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.
4. Payments for the application license and
   hosting
   1. 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.
   2. 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.
   3. For any upgrade or downgrade in plan level while on a monthly
      billing cycle, you will be charged the new rate on your next
      billing cycle.
   4. There will be no refunds or credits for partial months of service,
      upgrade/downgrade refunds, or refunds for months unused with
      an open account.
   5. 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.
5. 
   

   Responsibility of visitors

   1. 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.
   2. 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
      shared information.
   3. 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
      Services.
6. 
   

   Intellectual property

   
   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.

7. 
   

   Changes

   
   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.

8. 
   

   Cancellation and termination

   1. 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
      of 3d.VISUALIMPRESSION.de.
   2. 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.
   3. 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.
9. 
   

   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
   applicable law.

10. 
    

    Warranty

    Your 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.

11. Attorney fees

    If 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
    entitled.

12. Severability

    The 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
    and effect.

13. Applicable Law

    This Agreement will be
    governed by the laws of Poland.

14. Dispute resolution

    Any 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.