Terms and Conditions

General Terms and Conditions

1. Scope of validity

1.1 These general terms and conditions (hereafter: GTC) shall apply to all contracts concluded between you (hereinafter “CUSTOMER”) and us, the company

VRdirect GmbH
Marcel-Breuer-Straße 15, 80807 Munich, Germany
Authorized managing director: Dr. Rolf Illenberger
Court of register: District Court of Munich
Registration number: HRB 238450
Value added tax identity number: DE 316656086
Tel. +49 89 122 045 – 10
E-mail: legal@vrdirect.com

(hereinafter “VRdirect”) for the storing and the publication of your 360 Experiences on our VRdirect Platform, unless expressly agreed otherwise in writing between you and us. The GTC shall apply regardless of whether you are a consumer, entrepreneur or merchant.

1.2 The CUSTOMER is a consumer, insofar as the purpose of use cannot be attributed predominantly to his commercial or independent professional activity. In contrast, the entrepreneur under § 14 of the BGB (German Civil Code) is any natural or legal person or legal partnership that acts to conclude the contract by exercising its commercial or independent professional activity.

1.3 The version of the GTC valid at the time of concluding the contract is decisive.

1.4 The following terms and conditions shall apply exclusively. VRdirect does not accept contradictory or deviating terms and conditions, this also applies if VRdirect renders services with the knowledge of conflicting or deviating terms and conditions. The validity of conflicting or deviating provisions requires the express written consent of VRdirect. Individual agreements shall always have priority.

2. Service offer

2.1 VRdirect is the developer and owner of the rights to exploit VRdirect Studio and VRdirect Player. VRdirect Studio is a software tool for developing interactive 360 Experiences together with associated media, printed materials and documentation in online or electronic format. VRdirect Player is designed to let third-parties retrieve and view the interactive 360 Experiences created by the VRdirect Studio and approved for publication via the User Portal on our VRdirect Platform.

2.2 The subject matter of these GTC is the temporary granting of the right to store and publish the 360 Experiences you created with the VRdirect Studio on our VRdirect Platform during the contract period so that they can be accessed and played by third parties.

2.3 The use of VRdirect Studio is subject to the End User License Agreement for VRdirect Studio (https://auth.vrdirect.com/legal/builder/end-user-license-agreement). The right to use VRdirect Studio, which is normally limited to 30 days, is automatically extended by the duration of the contract for the granting of rights to store and publish on the VRdirect Platform.

3. Registration in User Portal

3.1 The acquisition of a storing and publication right requires the registration of the CUSTOMER. Only after registration can the CUSTOMER choose between various fee-based so-called “licenses”. The registration process is started by clicking on the ” Create an account” button in VRdirect Studio. Your registration is free of charge. No claim to a publication right exists solely based on registration. Only persons with unlimited legal capacity are eligible for registration. To register, please provide your full name and e-mail address. You must also choose a password (strong password policy). You are required to keep the password secret and not to share this with any third party. After successfully transmitting the data, the CUSTOMER will receive an e-mail with a link ” Verify my email”. Once you have confirmed your e-mail address via the link you will be successfully registered and have an account.

3.2 Your declaration of consent to these terms and conditions of registration is not linked to any other obligations. You can delete your registration at all times. This registration does not imply any obligation to conclude a contract to store and publish your 360 Experience on the VRdirect Platform.

4. Conclusion of contract

4.1 Product presentations and advertising on the VRdirect website and within the User Portal are non-binding and not legal offers.

4.2 The CUSTOMER can choose between the various “licenses” (license forms) offered. Selection is done by clicking on the button next to the abbreviated name. This process is not binding and does not constitute a contractual offer. You will be redirected to a page containing the selected license, price and other details. Two buttons, “Continue” and “Go back”, appear at the bottom of the screen. Click the “Continue” button to summarize the contents of the order including your data on an overview page. If you wish, at this time you can correct your information or even withdraw your intention to conclude a contract. Your contract offer and the details shown in the overview become binding only when you click on the button “Proceed with payment” in the last step of the ordering process.

4.3 Once this button is clicked, the CUSTOMER will receive an order confirmation from us by e-mail to the e-mail address you provided. This order confirmation is the acceptance of the offer by VRdirect. The contract consists of the order confirmation (corresponding to the order of the CUSTOMER) and these GTC.

4.4 The CUSTOMER agrees to provide the information required for the proper execution of the contract truthfully and completely. If you are a consumer, the information consists of your name and address. For companies, the company details also need to be specified. Additional costs incurred by VRdirect, e.g., due to incorrect / incomplete address information, are to be borne by the CUSTOMER. Changes are to be communicated to us without delay.

4.5 The languages provided for the contract are German and English. Translations into other languages are for your information only.

5. Order process and rectification notice

As part of the ordering process, first select the desired license by clicking on the button next to the abbreviated license name. You will be redirected to a page containing the license you selected, the price and other offer details. By clicking the button “Go back”, the selection is canceled and you return to the screen that shows all offered “licenses”. Click the “Continue” button to summarize the contents of the order including your data on an overview page. If you wish, at this time you can correct your information or even withdraw your intention to conclude a contract. If you want to completely cancel the ordering process, you can simply close your browser window. Only by clicking the “Proceed with payment” button in the last step of the ordering process do you submit a binding offer for the “license” displayed in the order overview and are redirected to the payment screen of our payment service provider. You will be asked to choose your payment method and enter the corresponding data. Immediately after pressing the “Pay” button, you will be redirected to a page telling you whether the payment was successful or unsuccessful.

6. Storage and accessibility of the contract text

The CUSTOMER may save or print these GTC at any time. The contractual terms and conditions with details of the selected license including these GTC and the cancellation policy will be sent to you by e-mail with contract confirmation or with the notification about the conclusion of the contract. The contract text remains stored after conclusion of the contract and is accessible to the CUSTOMER.

7. Information for consumers – Right of withdrawal

If the CUSTOMER is the consumer, the following right of withdrawal applies in accordance with the following cancellation policy:

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14 days) without giving any reason. The withdrawal period is fourteen (14) days from the date of contract and after receiving of this declaration in text form.

To exercise the right of withdrawal, you must inform us

VRdirect GmbH
Marcel-Breuer-Str. 
15
80807 Munich
Germany
Tel. +49 89 122 045 – 10
E-mail: contact@vrdirect.com

by providing a clear statement of your decision to withdraw from this contract (e.g. a letter sent by post or e-mail). You may use the following template for withdrawal form but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments we received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), promptly or no later than fourteen (14) days from the day on which we receive your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have requested that the services should start during the withdrawal period, you have to pay us a reasonable amount, which corresponds to the proportion of the service so far provided up to the time you have informed us from exercising the right of withdrawal in respect of this agreement, measured against the total service foreseen in the contract.

– END OF THE WITHDRAWAL INSTRUCTIONS –

Template withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To VRdirect GmbH, Marcel-Breuer-Str. 15, 80807 Munich, Germany, e-mail-address: contact@vrdirect.com:

I/We hereby give notice that I/We withdraw from my/our contract for the following goods/the following service: ______________________________

– Ordered on: ________________
– Name of consumer(s): ________________
– Address of consumer(s): ________________
– Signature of consumer(s) (only if this form is a paper copy): ________________
– Date: ________________

8. Prices and payment

8.1 Upon conclusion of this contract, we grant you a non-transferable right to store and publish your 360 Experiences on the VRdirect Platform under the selected license you have selected and under the following terms and conditions of use.

8.2 The amount of remuneration is shown in euros (including VAT) and is determined in the contract. Our prices do not include fees for payment methods or costs for the required internet connection.

Note:
Internet-enabled devices and temporary data connections are required for publication. You are responsible for all connection costs or data rates and taxes by your provider for the data transmission of your workstation or mobile device. The amount depends on your existing contract with your telecommunications provider.

8.3 Payment is due immediately upon ordering without any deduction. Payment is made as recurring monthly payments and is due in advance for each following month. If the payment is due by a specific calendar date, if the CUSTOMER misses that date, he shall be in default.

8.4 The selected license and the period for which payment is calculated begins immediately on the day it is ordered at the monthly price shown in the order confirmation / invoice. It has a minimum duration of one month. It automatically renews for another month, regardless of whether one of your 360 Experiences is still in the provided cloud or are approved for publication. Payment is due monthly in advance on the same day of the following month.

8.5 An extension or downgrade to the next license is possible at any time. Please note that the different licenses impose certain conditions concerning the quality of 360 experiences, so that a specific extension or downgrade requires that the 360 experience is suitable for this. In this case, the monthly payment will increase or decrease accordingly. In detail:

8.5.1 An upgrade will be active immediately. The monthly interval restarts at this point. The new payment amount is due immediately for the first billing month. The first payment amount will be adjusted for any unused days from the old billing cycle. The full, higher amount for the new monthly interval will be due every month thereafter.

8.5.2 A downgrade will only become active at the end of the current billing month. Starting with the following billing month, only the new, lower payment will be due monthly.

8.6 Payment is made via our payment service provider Adyen BV (Amsterdam) by credit card, PayPal or direct debit; the means of payment will be charged on the day the order is received. Any different payment methods require prior consent by VRdirect.

Note: Payment service provider

When you make payments, your payment processing requires that you provide personal information to our third party payment provider. The required information can be your name, your bank account number or your credit card number. Payments made through this site are made via Adyen B.V., Simon Carmiggeltstraat 6-50, 5th floor, 1011 DJ Amsterdam, The Netherlands (hereinafter “Adyen”). You provide your payment data directly to Adyen. You can view Adyen’s privacy policy at https://www.adyen.com/home/privacy-policy

8.7 If for any reason the payment is not made, the CUSTOMER will be informed by e-mail. The CUSTOMER must immediately make the payment.

8.8 If the CUSTOMER is in default, regardless of the rights we are otherwise entitled to, we are entitled to:

– to allow the rights granted to rest until all claims arising from the entire business relationship with the CUSTOMER, regardless of the legal grounds, have been settled by the CUSTOMER. Specifically, this means that we mute published 360 Experiences or take them offline. The CUSTOMER shall receive a notification about this. The CUSTOMER still has the right to access his 360 Experiences and his account in order to delete them himself. All data is stored for one month (calculated from the regular billing interval) and can be reactivated in case of resumed payment. If the CUSTOMER does not make a payment, despite a reminder, the account will be blocked and all data will be deleted.

– Default interests will be charged. If the CUSTOMER is an entrepreneur, the interest amounts to 8 (eight) percentage points above the respective base rate. If the CUSTOMER is a consumer, VRdirect is entitled to charge default interest in the amount of 5 percentage points above the base interest rate (§ 247 of the BGB). We reserve the right to prove a higher damage respectively.

9. Access to the cloud, publishing option, release

9.1 The CUSTOMER receives an e-mail with the order confirmation and the payment confirmation once the order is processed. From this moment on it becomes possible to store the 360 Experiences in the cloud.

9.2 Only the 360 Experiences stored in the cloud can be published. From this moment on, the decision of whether to save the 360 experience in the cloud and when becomes the CUSTOMER’s alone.

9.3 If the CUSTOMER decides to publish its 360 Experience, VRdirect will receive a corresponding notification. Following this message, VRdirect may shall conduct a brief review of the interactive 360 Experiences for compliance with the provisions mentioned under subsection 11. Within 1 to 5 business days, the CUSTOMER shall receive the release notification for publication. From this moment on, the 360 Experience will be available online for third parties via the VRdirect Platform in accordance with his own settings.

10. CUSTOMER’s obligation to cooperate

10.1 The CUSTOMER is responsible for ensuring that the technical prerequisites are set up and maintained in his area, in particular with regard to the hardware and operating system software used, the connection to the internet and the current browser software.

10.1.1. Installing and using the VRdirect Studio, uploading the 360 Experience to our cloud, and publishing it requires a powerful computer. Minimum requirements for the operating systems are:
macOS standalone (Intel 64-Bit)
Windows 64-Bit

10.1.2 To download VRdirect Studio, to upload your 360 Experience to our cloud and for publication, an internet connection is mandatory.

10.2 If the VRdirect Platform is further developed, it is up to the CUSTOMER to carry out the necessary modifications for his personal IT infrastructure.

10.3 The CUSTOMER agrees to take the necessary precautions to secure his systems, in particular to use the standard security settings of the browser and to use current protection mechanisms to ward off malicious software.

10.4 Access to the cloud and to the publication takes place in a password-protected environment through your account. The CUSTOMER is obligated to keep access data and passwords secret and to prevent unauthorized use by third parties; he also agrees to ensure that the users concerned also comply with this obligation. The CUSTOMER agrees to inform VRdirect immediately upon learning of an abuse of access data or passwords or access via IP-Check. VRdirect is entitled to block access in the event of abuse until the circumstances are clarified and the abuse ceases. The CUSTOMER is liable for any misuse he causes.

11. Scope of the rights of use

VRdirect grants the CUSTOMER the right to store 360 Experiences according to the selected license in the cloud and to publish them under the condition that he complies with all the following provisions:

11.1 The publication of your interactive 360 Experiences created using VRdirect Studio is allowed within the specifications of your contract content, provided that you are at least 16 years old. With your publication, you confirm that you are at least 16 years old.

11.2 The temporal scope of the storing and publication rights is limited by the duration of contract.

11.3 The material scope of the storing and publication rights is limited by the selected license. You are entitled to save specified media content in the cloud and to publish and manage them via the VRdirect Platform as part of your selected license. In concrete terms this means:

– Uploading
– Listing (public, playable for every third person in the VRdirect Player or a stand-alone app)
– Unlisting (playable only via link – which you send yourself – in the VRdirect Player or a stand-alone app)
– Updating
– Deleting

11.4 Please be sure to note the following content restrictions:

The following rules 11.4.1 – 11.4.5 shall apply to the content, title, name, and description of the 360 Experiences:

11.4.1 The publication of interactive 360 Experience is prohibited if applicable law or third party rights are violated. Especially

– Pornographic content that violates child protection laws, data protection law and/or other law and/or fraudulent contents
– Content that offends or defames other publishers or third parties
– Content that is encumbered by third-party rights (e.g., copyrights) without permission.

11.4.2 In addition, when posting interactive 360 Experiences, you are also prohibited from doing the following:

– Spreading viruses, Trojans and other harmful files;
– Disseminating offensive, indecent, sexually explicit, obscene or defamatory content, as well as content designed to promote or support racism, fanaticism, hate, physical violence or unlawful acts;
– Using ambiguous names and other representations bordering illegality;
– Distributing and/or making public reproduction of interactive 360 Experiences available on the Player, unless expressly permitted by the respective copyright owner or expressly provided as functionality in the Player.

11.4.3 You are prohibited from any action that may interfere with smooth publication on the Player.

11.4.4 Please inform VRdirect of any illegal, abusive, contrary to contract, or otherwise unauthorized use immediately after becoming aware of them via support@vrdirect.com. VRdirect will then review the process and initiate appropriate steps if necessary.

11.4.5 If there is a suspicion of unlawful or criminal acts, VRdirect is entitled and possibly also obligated to review activities, to mute published 360 Experiences or take them offline and, if necessary, initiate appropriate legal actions.

11.5 Please note the following quality requirements:

11.5.1 The publication of interactive 360 Experiences has to meet certain quality standards. This is because, among other things, a 360 Experience of inferior quality can lead to malaise, dizziness and nausea in the viewing audience. Therefore, critically review your 360 Experience for quality and stability in order to maximize your audience’s experience – the user experience.

11.5.2 The following requirements must be met when creating a 360 Experience:

– The resolution must be at least full HD or 4K.
– If possible, perform a stability check, especially to ensure that the viewer is not blocked or stuck in an undesirable location, or that the 360 Experience view does not result in improper behavior or possible casualties.
– Each 360 Experience must contain at least two images.

11.6 VRdirect reserves the right to refuse to post interactive 360 Experiences and/or to block or remove any previously posted interactive 360 Experiences without prior notice, provided that the posting of contents by the user or the interactive 360 Experience violates these terms and conditions of use (sub-paragraph 11.1 – 11.6). VRdirect will pay attention to your legitimate interests in this regard.

11.7 By publishing interactive 360 Experiences on the VRdirect Platform, you grant VRdirect a simple, non-exclusive, non-transferable, non-transferable right of use for the respective interactive 360 Experience free-of-charge for the duration of the contract, in particular for storing the interactive 360 Experience on the servers / cloud used by VRdirect as well as for the publication, duplication and distribution of the 360 Experience, insofar as this is necessary, for the worldwide public accessibility in the VRdirect Player or in a corresponding stand-alone app for third parties.

11.8 Insofar as you delete your posted interactive 360 Experiences from VRdirect Player, the right of use granted to us expires. However, we reserve the right to keep copies for the purpose of backup and/or proof.

12. Agency model

The publication and functions provided can also be used for third parties to create 360 Experiences and to publish them on our VRdirect Platform for a fee. However, this type of commercial or business use of the license, for example in the form of commercial distribution or establishment of a service, requires a separate agreement with VRdirect. Please contact us for this via support@vrdirect.com.

13. Responsibility for contents

13.1. You are fully responsible for the interactive 360 Experiences posted by you. You declare and guarantee VRdirect that you are the sole owner of all rights to the interactive 360 Experiences you post, or are otherwise authorized (e.g., legal permission from the copyright holder) to publish the interactive 360 Experiences and to grant the rights of use and exploitation. If there are other people besides the user in the interactive 360 Experiences, then before this experience is posted, the consent of all persons located in the experience must be obtained. You are also liable for any use and/or other activity that is performed using your access data according to the statutory provisions.

13.2. VRdirect will conduct a brief review of the posted interactive 360 Experience for compliance with the provisions in section 11. VRdirect will not assume responsibility or warranty for the completeness, accuracy, legality and currency of the interactive 360 Experiences. This also applies to the quality of the interactive 360 Experiences and suitability for a specific purpose.

14. Fair Usage Clause

14.1 The third-party access of the published interactive 360 Experiences in principle are offered in an unlimited number. However, such service is subject to the Fair-Usage-Policy respectively the Fair-Usage-Principle. This enables us to impose no limitations in terms of traffic and similar, but this requires, however, a fair dealing with our resources on the part of the CUSTOMER.

14.2 This means that the CUSTOMER does not abuse the fact that the retrieving contingent – that is the traffic – is not limited to gain a personal economic or financial advantage. Therefore, if it turns out during the contract that it is foreseeable that the 360 Experience will receive permanently high traffic, a licenses extension can be purchased for instance. High traffic must always be viewed in relation to the cloud storage space. When we talk about high traffic, we mean streaming and download volumes, which exceed 1000-times the cloud storage space of the Experience during an average month (e.g. at a size of 10 MB of the Experience stored in the cloud a complete streaming volume of more than 100 GB).

14.3 Of course, we also offer licenses with normal conditions, which are not subject to the Fair-Use-Principle. Please simply ask for an individual offer. For further questions please use support@vrdirect.com.

15. Blocking access, service restrictions, availability, authority to make changes

15.1 Statements and explanations by VRdirect regarding the storage rights and the publication rights in advertising materials, on websites and in the documentation are to be exclusively understood as a description of the quality and not as a guarantee or warranty of any characteristic.

15.2 VRdirect may temporarily or permanently suspend your access to publication on the Player if there are specific indications that you are violating or have violated the terms and conditions of use (see section 11) and/or applicable law, or if VRdirect has any other legitimate interest in blocking the Player. When deciding to block, VRdirect will take due account of your legitimate interests. In the event of temporary or permanent blocking, VRdirect will block your access authorization. In this case, you will get a locked screen when trying to log in.

15.3. Any claim to the use of the services available for storage in the cloud and for publication on the VRdirect Platform exists only as part of the technical and operational options of VRdirect. VRdirect makes every effort to ensure the uninterrupted usability of the services. However, technical problems (such as power interruption, hardware and software faults, technical problems in the data lines) may result in temporary restrictions or interruptions.

15.4 VRdirect is not responsible for the following periods of unavailability:

15.4.1 Periods of unavailability that are based on disturbances of the internet service which are not influenced by VRdirect or on other circumstances for which VRdirect is not responsible, in particular force majeure;

15.4.2 Periods due to necessary but unscheduled maintenance work required to eliminate malfunctions; the CUSTOMER will be informed of this by a notification on the website if possible.

15.4.3 Periods of unavailability based on the temporary lack of the necessary technical prerequisites which are the CUSTOMER’s responsibility for accessing VRdirect Studio or VRdirect Player, for example in the event of problems in the CUSTOMER’s hardware.

15.5 VRdirect endeavors to continuously update the products to current requirements. We reserve the right to make changes to the system in regards to the state of the art, for system optimizations, in particular for improving user-friendliness, as well as to make changes to the contents, provided this is necessary, to correct errors, for updates and completions, or for the program-related technical optimization or due to licensing reasons. If such a change leads to a significant degradation of the services to which the CUSTOMER is entitled, the CUSTOMER has the option to demand a reduction in payment in an amount corresponding to the level of degradation or to terminate the license agreement without notice. The right of termination may be exercised within a period of 4 weeks from the date of the change.

16. Claims in case of defects

16.1. VRdirect fixes technical problems within a reasonable period of time. The responsibility of VRdirect extends only to the point of transfer of the systems operated by it to the internet, but not to the systems of the CUSTOMER and data transmission lines beyond the transfer point.

16.2. It is the CUSTOMER’s responsibility to immediately notify of any defects, problems or damages.

16.3. The CUSTOMER shall be entitled to extraordinary termination only if the problem cannot be remedied by VRdirect within a reasonable period of time. Otherwise, the statutory provisions shall apply.

17. Liability for damages

VRdirect shall be liable for damages, for whatever legal reason, only in accordance with the following sub-paragraphs within the scope of the statutory provisions:

17.1. We are liable for intent and gross negligence, also for that of our legal representatives or vicarious agents.

17.2. We have limited liability to compensate foreseeable damages, typical under contracts for such damages, which are based on minor violations due to slight negligence of essential contractual obligations by us or one of our legal representatives or vicarious agents. Essential contractual obligations are those obligations that make the proper execution of the contract possible in the first place and upon which the contractual partner may regularly rely.

17.3. We are fully liable for damages resulting from injury to life, limb or health as well as for damages due to non-compliance with a guarantee given by VRdirect or warranted feature, or due to fraudulently concealed defects.

17.4. Based on the current state of the art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of the data stored in our cloud or the error free operation of your 360 Experiences in our VRdirect Player. Furthermore, we are not liable for damages caused by faults in lines, servers and other facilities that are not within VRdirect’s scope of responsibility.

17.5 Liability under Product Liability Law remains unaffected.

18. Electronic invoice

18.1. The CUSTOMER agrees to an electronically transmitted invoice.

18.2. Furthermore, for entrepreneurs, the following shall apply: The invoices we generate may be subject to errors. We are able to provide a new, corrected invoice to the CUSTOMER up to six weeks after receipt of the invoice. The CUSTOMER must validate the change by acknowledging the amended invoice in writing and indicating the disputed invoice items within a six-week period. After six weeks of receiving the invoice, the invoice is considered approved by the CUSTOMER. Changing the invoice after this deadline is no longer possible. This also applies to any changes in the name or billing address of the recipient on the invoice. The six-week period does not affect the obligation to pay or the obligation to send notice of defects within the shorter period specified in these general terms and conditions.

19. Termination

19.1. This contract automatically renews. However, it is possible at any time to terminate the account yourself or by written termination at the end of the current billing month.

19.2. Termination of your agreement terminates the rights to publish in the Player at the end of the current billing month. The already published 360 Experiences are turned invisible.

19.3. The CUSTOMER can independently delete his data and Experiences up to one month after the contract expires. Before this period ends, it is possible to reactivate the contract by making a new payment. One month after the effective date of termination and after expiration of any statutory retention periods, all publications and data will be irretrievably deleted.

19.4. Notwithstanding any other rights, VRdirect has the right to terminate the contract if seriously violation of the terms and conditions of this contract takes place. VRdirect reserves the right to pursue further civil and penal measures.

19.5. The right of each party to extraordinary termination for good cause remains unaffected.

19.6. The right to withdrawal under section 7 of these GTC shall remain unaffected.

20. Data Protection

20.1. Your personal data, insofar as it is required to create, carry out or terminate the contractual relationship, shall only be used for the execution of the contracts concluded between you and us and shall only be used in compliance with applicable laws.

20.2. Using your personal data for advertising, market research or a personalization of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.

20.3. We will also use usage data, i. e., data which may contain characteristics that identify you, details of the start and end as well as the scope of the respective usage and details of the telemedia used by you, for advertising, market research or for personalizing our offers to create user profiles by using pseudonyms. You are entitled and have the option to object to the use of your usage data under “My account”. User profiles are not combined with the corresponding data under any circumstances.

20.4. The CUSTOMER can receive information about the data saved about himself at any time upon request. If you require more information, or if you want to retrieve or revoke the consent you explicitly gave to have your user data used, you may also contact our data protection officer at privacy@vrdirect.com.

20.5 For further details, please see our data protection declaration (https://auth.vrdirect.com/legal/portal/privacy-policy).

21. Property rights

The compilation of the contents as such is, if applicable, protected as a database or database work in terms of §§ 4 para. 2, 87a para. 1 of the UrhG (German Copyright Act). The associated software is protected by §§ 69a et seq. of the German Copyright Act.

22. Important safety information/warnings

360 Experiences are 3D media content. For the use of the 360 Experience, use only high-quality 3D glasses and 3D-capable equipment and in accordance with their operating instructions and their safety instructions. Besides, please read the following warnings carefully:

22.1 It is possible to experience an epileptic seizure when exposed to 3D media content. Therefore, do not view 360 experiences if you have epilepsy. In addition, you should not consume 360 Experiences if you are pregnant, suffer from severe dizziness, seizures, uncontrolled loss of consciousness, impaired vision, anxiety, heart disease or other serious medical conditions.

22.2 Please note that the following symptoms may occur when viewing 3D media content: involuntary movements, altered vision; dizziness; lightheadedness; eye or muscle twitching / fatigue; Confusion; nausea; unconsciousness; convulsions; headaches; cramps and / or disorientation. If you notice these symptoms in you or in others, immediately stop looking at 360 Experiences and consult a doctor.

22.3 In particular, untrained 3D consumers may also experience kinetosis, perceptual consequences, disorientation, eye fatigue and reduced stability, headache, fatigue, or dizziness. We recommend that you gradually start using 3D to reduce the likelihood of these side effects and take regular breaks. If you experience any of the above symptoms, stop viewing the 360 Experience immediately; do not continue until the symptoms have resolved for at least 30 minutes.

22.4 Children and adolescents should be supervised when consuming 3D media content, also because of their susceptibility to health issues associated with viewing 3D content.

22.5 Further, for security reasons do not consume 360 Experiences near steps, open stairs, sharp or other dangerous objects, balconies or other places/objects which might cause injuries or property damage resulting from the risk of stumbling, falling down, breaking, rolling over etc.. You should watch 360 Experiences only while sitting or standing and never in combination with other activities which require full attention.

23. Final provisions

23.1. These terms and conditions are drawn up in bilingual form (German/English) and are governed exclusively by the laws of Germany and exclude any potential reference to other legal regulations.

23.2. In case of any dispute arising out of or in connection with the interpretation of these terms and conditions, the German version shall prevail over the English version.

23.3. Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.

23.4. Should individual provisions in this GTC be or become ineffective, or should an essential statutory regulation be dropped, the terms and conditions as a whole shall remain unaffected.

23.5. The place of jurisdiction and place of performance for the rights and obligations of this contract as well as any disputes arising from and in connection with the execution of the agreement is the registered office of VRdirect, Munich, Germany, as far as legally permissible (e.g. in case the CUSTOMER is a merchant in terms of the German Commercial Code).

23.6. As an online company, we are obligated to remind you as a consumer that the European Commission has an online dispute resolution platform (OS platform). It is a one-stop-shop for consumers and entrepreneurs who want to settle disputes out of court in a simple, efficient and cost-effective manner, for example in connection with an online sales/service contract. The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/ index.cfm?event=main.home.show&lng=DE

However, we do not participate in a dispute settlement procedure before a consumer arbitration board.

24. Provider identification, address for summons

Our address for complaints and other declarations of intent, as well as our address for summons is: VRdirect GmbH, Marcel-Breuer-Str. 15, 80807 Munich, Germany

Munich, July 2019

25. Third Party Licenses

– Bootstrap. Copyright (c) 2011-2018 Twitter, Inc. and The Bootstrap Authors. Licensed under MIT license. License available at https://github.com/twbs/bootstrap/blob/v4-dev/LICENSE

– bootstrap-select. Copyright (c) 2013-2015 bootstrap-select. Licensed under MIT license. License available at https://github.com/silviomoreto/bootstrap-select/blob/master/LICENSE

– DeepLinkingToNativeApp. Copyright (c) 2016 Prabin Giri. Licensed under MIT license. License available at https://github.com/prabeengiri/DeepLinkingToNativeApp/blob/master/LICENSE

– jquery. Copyright (c) JS Foundation and other contributors, https://js.foundation/. Licensed under Custom Permissive license. License available at https://github.com/jquery/jquery/blob/master/LICENSE.txt

– jquery-validation. Copyright (c) 2015 Jörn Zaefferer. Licensed under MIT license. License available at https://github.com/jquery-validation/jquery-validation/blob/master/LICENSE.md

– jquery-validation-unobtrusive. Copyright (c) 2015 .NET Foundation. All rights reserved. Licensed under Apache License 2.0 license. License available at https://github.com/aspnet/jquery-validation-unobtrusive/blob/master/LICENSE.txt