Last updated: 2021
YourVRTours app (hereinafter “our App”) and the website www.yourvrtours.co.uk (hereinafter “our Website”) is created, owned, operated and maintained by YourVRTours. YourVRTours may at any time and at its sole discretion, change, add or delete any of the Terms and Conditions by updating the contents of this page. You are advised to periodically visit the page to see if any updates have been made. YourVRTours at its sole discretion may at any time discontinue the App or Website without prior notice being required.
2. Right to use the Service
Except as previously set forth, you do not receive any other license. YourVRTours retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without YourVRTour’s prior written consent. YourVRTours reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold.
3. Purchases in the Services
YourVRTours may license to you Tours to be used within the App, your website or on the internet, which you may purchase.
YourVRTours may manage, control, modify or eliminate tours at any time, with or without notice.
Price and availability of Tours are subject to change without notice.
By law, all purchases and redemptions of Tours made through the Services are final and non-refundable. You acknowledge and consent that the provision of Tours for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that YourVRTours is not required to provide a refund for Tours for any reason. You further acknowledge that you will not receive money or other compensation for unused Tours, regardless of whether your loss of license was voluntary or involuntary.
4. Code of Conduct
You agree that you will not, under any circumstances:
- Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
- Use the Services in violation of any applicable law or regulation.
- Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
- Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
- Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by YourVRTours, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
- Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
- Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including YourVRTours employees, directors, officers, and customer service representatives.
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a YourVRTours employee, director or officer.
- Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by YourVRTours, or to obtain any information from the Services using any method not expressly permitted by YourVRTours.
- Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
- Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
- Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
- Engage in any act that YourVRTours deems to conflict with the spirit or intent of the Services or make improper use of YourVRTours support services.
5. Suspension and Termination for your Breach
Without limiting any other remedies available to YourVRTours, if YourVRTours believes that you are in breach of these Terms, YourVRTours reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
6. Availability of the Services
YourVRTours may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if YourVRTours believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these Terns.
YourVRTours reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a Tour or a feature of a Tour) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, YourVRTours does not have to provide refunds for Tours or other items in connection with such discontinued Services.
7. Fair usage policy
YourVRTours fair usage policy is designed to stop the service from abuse, the App is designed to create Tours for an single entity such as a Estate Agent or Realtor, and whilst YourVRTours does not stop agents creating tours for muliptle companies (i.e Estate Agents/Realtors, Pubs, Hotels etc), the fair usage policy dictates that a single client should not be unreasonably onorous. Therefore, unlimited typically means upto 250 properties on the basis that no single entity should need beyond this number of tours. This limit can be extended upon the sole discression of YourVRTours.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. YourVRTours does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. YourVRTours does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by YourVRTours, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
9. Limitations of Liability
In no way will YourVRTours be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not YourVRYours has been advised of the possibility of such damages. For purposes of Article 15 “Limitations of Liability,” YourVRTours licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these Terms against you.
In no way will YourVRTours total aggregate liability arising out of or in connection with these Terms, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Tour; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between YourVRTours and you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold YourVRTours (and YourVRTours officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
10. Copyright and DMCA
If you believe the Services or any of its content infringes your copyrights, please send a email to support@YourVRTours.com
Please include all of the following in your DMCA notice:
- Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
- Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable YourVRTours to locate the material.
- Provide your full legal name, mailing address, telephone number, and (if available) email address.
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
If you have any questions about these Terms, please contact support@YourVRTours.com.
© 2021 Your VR Tours Company. All rights reserved.