Terms and conditions of use

1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

 

2. Copyright notice

2.1    Copyright (c) 2020 3DVista Studios SL.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3. Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website;

(e)    use our website services by means of a web browser; and

(f)    download items offered in the Market,

subject to the other provisions of these terms and conditions.

3.2    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.3    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.5    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

3.6    For the avoidance of doubt, the provisions of this Section 3 shall not apply to the use of the digital products that are available through our websites; those digital products shall be subject to separate licensing terms, detailed below.

 

4. Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

5. Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

 

6. Buyer registration and accounts

6.1    This Section 6 applies to buyers and prospective buyers.

6.2    To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age and have legal capacity to enter into the agreement.

6.3    You may register for a buyer account with our website by completing and submitting the account registration form on our website.

6.4    Y‌ou must keep your buyer account information up to date. For the calculation of possible taxes, it is required you insert your address and, if applicable, EU VAT number.

 

7. Seller registration and accounts

7.1    This Section 7 applies to sellers and prospective sellers.

7.2    To be eligible for a Seller account on our website under this Section 7, you must be operating a business and:

(a)    if you are a sole trader, you must be at least 18 years of age;

(b)    if you are a company incorporated or established in the EU, you must have a valid EU VAT number.

7.3    You may register for a seller account with our website by completing and submitting the account registration form on our website.

7.4    You must keep your seller account information up to date. For the calculation of possible taxes, it is required you insert your address and, if applicable, EU VAT number.

 

8. User login details

8.1    If you register for an account with our website, you will be asked to choose a user ID and password.

8.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 21; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3    You must keep your password confidential.

8.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

9. Cancellation and suspension of account

9.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion without notice or explanation.

9.2    You may cancel your account on our website by contacting us under market@3dvista.com or any other 3dvista email or contact form. You can edit and chnge your account details and password using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.

 

10. Services for sellers

10.1  Subject to the other provisions of these terms and conditions, we shall provide the following services to sellers:

(a)    enabling sellers to create, publish and manage stores and listings on our website;

(b)    enabling sellers and buyers to enter into contracts through our website;

(c)    delivering digital products to customers; and

(d)    processing payments from buyers on behalf of sellers, holding those payments in our accounts, and remitting those payments to sellers in accordance with the withdrawal request guidelines, which can be requested at any time for sales older than 30 days when the amount for withdrawal exceeds 40€.

10.2  The seller shall be responsible for issuing invoices and/or receipts to buyers.. We will calculate VAT due and issue such invoices and receipts in accordance with applicable law. The seller acknowledges that applicable VAT rates may vary and agrees that we may adjust digital product prices accordingly. In respect of buyers of digital products that are consumers in the European Union and buyers falling within any other categories that we notify to you from time to time, we will collect and remit the VAT to the relevant tax authorities as if we were contracting to supply the digital products. Save as expressed in this Section 10.2, the seller and/or the buyer shall be responsible for the collection and remittance of VAT to the relevant tax authorities in accordance with applicable law.

10.3  The seller must keep a back-up copy of each digital product that the seller uploads to or makes available through our website. We do not provide a back-up service, and subject to Section 24.1 we will not be liable to any seller in respect of any loss or damage arising out of the loss or corruption of any digital product file.

 

11. Seller stores

11.1  If you register with our website as a seller, you will be able to create your own store on the website.

11.2  To create a store on our website, you should take the following steps: On the homepage, click “Sign In” to create your account, indicating you want to be a Vendor. The subsequent steps will guide you through the set up of your Store. You are asked to insert your address (for tax purposes) and your payment details (currently only the email associated to your Paypal account).  Subsequently, in your Store’s dashboard you can add information, such as banners, profile pictures or your own Terms&Conditions.

11.3  Seller stores that are submitted will be automatically processed within 72 hours following submission.

11.4  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.

11.5  If we permit the publication of a seller store, it will remain published on our website indefinitely, subject to these terms and conditions.

 

12. Seller listings

12.1  If you register with our website as a seller and create a store on the website, you will be able to submit listings to the website.

12.2  To create a listing on our website, you should take the following steps: On the top right of the website, click on “My Account” and select “My Dashboard”. Go to your Vendor Dashboard and click on “Products” in the left menu selection.  Click “Add New Product” and fill in the information in the window that popped up (Product Name, Product Cover Image, Price, Category,Product tags and Short Description). Subsequently, you can add further information, such as Long Descriptions and a Purchase Note that Buyers will receive upon purchasing. You should also select “Downloadable” and configure your downloadable product settings in the settings that appear.

12.3  Listings that are submitted will be individually reviewed within 72 hours following submission. 3DVista does not warrant the functionality of the products.

12.4  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

12.5  If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.

12.6  Listings submitted to our website must be true, fair, complete and accurate in all respects.

12.7  Listings submitted to our website must constitute bona fide listings relating to the functionality and design promised in the product description.

12.8  Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

12.9  You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

12.10 You must ensure that all prices specified in or in relation to a listing are in Euros only.

 

13. Digital product rules

13.1  The only products that may be the subject of a listing on our website are digital products falling within the following categories: Skins, Icons (still and animated), Buttons, Button Sets, Javascript Elements, Menus, Complex Windows, Sounds (Music and Ambient), Tripod Caps, Panoramas.

13.2  You must not use our website to advertise, buy, sell or supply services or physical products.

13.3  You must not advertise, buy, sell or supply through our website any digital product that:

(a)    breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law; or

(b)    consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 21.

 

14. Marketplace contracting process

14.1  You agree that a contract for the sale and purchase of a digital product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant digital product or products, in the following circumstances:

(a)    a buyer must add the digital products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

(b)    if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;

(c)    once the buyer is logged in, he or she must confirm the order and his or her consent to these terms and conditions and any other applicable terms and conditions;

(d)    the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer’s payment to the seller; buyers must submit payment in full via credit or debit card; and

(e)    the website will then send to the buyer an order confirmation, at which point the contract between the buyer and the seller will come into force.

 

15. Digital product terms and conditions of supply

15.1  Sellers must use the website interface to create legal notices applying to their relationships with customers.

15.2  A seller must ensure that:

(a)    the seller’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations;

(b)    to the extent required by applicable law, the seller registers with relevant tax authorities and pays all relevant taxes in relation to the seller’s product sales; and

(c)    the seller complies with all other laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

15.3  Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of supply between the buyer and the seller:

(a)    the price for a digital product will be as stated in the relevant digital product listing;

(b)    the buyer must pay any VAT due in accordance with applicable law;

(c)    deliveries of digital products shall be made via links on our website promptly following the contract coming into force;

(d)    the seller warrants to the buyer that the seller has the right to supply the digital products to the buyer; and

(e)    digital products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the digital product listing and any other description of the digital products supplied or made available by the seller to the buyer.

15.4  Except to the extent that the buyer features his or her own Terms and Conditions on his Store Site or that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will govern the use of the digital products supplied by the seller to the buyer, and shall form a part of the contract between the buyer and the seller:

(a)    the seller hereby grants to the buyer from the date of supply of the digital product a worldwide non-exclusive licence to download, store and use the digital product on devices and in virtual tours created with 3DVista Virtual Tour PRO, subject to the following prohibitions;

(b)    the buyer must not edit, adapt, publish, distribute, sell, rent, broadcast, publicly display, sub-license, decompile or reverse engineer the digital product, except to the extent that the digital product forms part of a published virtual tour, which can be publicly displayed, or except to the extent that applicable law so permits on a mandatory basis;

(c)    the buyer may use the digital product only for the buyer’s own personal or commercial purposes;

(d)    no ongoing royalty payments shall be required in respect of the licence of the digital product; and

(e)    the licence shall automatically terminate in the event that the buyer uses the digital product outside the scope of the licence or breaches any contractual obligation owed to the seller; but, otherwise, the licence shall continue in force indefinitely.

15.5  If the seller is a trader and the buyer is a consumer, the provisions of Section 16 shall be incorporated into the contract of supply between a buyer and a seller.

15.6  Both buyers and sellers undertake to comply with the agreed terms and conditions of supply.

 

16. Distance contracts: cancellation right

16.1  This Section 16 applies if and only if the seller is a trader (a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

16.2  The buyer may withdraw an offer to enter into a contract with a seller through our website, or cancel a contract entered into with a seller through our website, at any time within the period:

(a)    beginning upon the submission of the buyer’s offer; and

(b)    ending at the end of 14 days after the day on which the contract is entered into,

subject to Section 16.3. The buyer does not have to give any reason for the buyer’s withdrawal or cancellation.

16.3  The buyer agrees that the seller may begin the provision of digital products before the expiry of the period referred to in Section 16.2, and the buyer acknowledges that, if the seller does begin the provision of digital products before the end of that period, the buyer will lose the right to cancel referred to in Section 16.2.

16.4  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 16, the buyer must inform the seller of the buyer’s decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using any form to contact the seller directly, or if that results impossible, any 3DVista Studios staff. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

16.5  If a buyer cancels an order on the basis described in this Section 16, the buyer will receive a full refund of the amount the buyer paid to the seller in respect of the order.

16.6  The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

16.7  The seller will process the refund due to the buyer as a result of a cancellation on the basis described in this Section 16 without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the cancellation.

 

17. Marketplace fees

17.1  Marketplace sellers must pay to us the following amounts:

(a)    a commission in respect of each sale made through our website.

17.2 In respect of fees payable to us by sellers:

(a)    the fees will be as specified below and/or posted on our website from time to time:

Paypal payment gateway fee:

2,9% + fixed fee of 0,35€

This information is indicative. More information on the fee structure of Paypal can be found in their terms.

17.3  In respect of commission payable to us by sellers:

(a)    commission shall be payable at the rate of 25% of aggregate sales value (excluding VAT and sales taxes);

(b)    we shall deduct commission due from amounts held or processed by us on behalf of the seller; and

(c)    commission payments are non-refundable irrespective of whether a buyer is entitled to, or receives, a refund in respect of an order. Exempt from this clause 17.3 (c) is the case when a buyer is a consumer and subsequently cancels the underlying order according to Section 16, in which case the commission is refundable.

17.4  All amounts payable in respect of our website services and stated in these terms and conditions or on our website are stated exclusive of VAT.

17.5  If we are required by applicable law to make any withholding tax or VAT deductions to or on payments made by us to a seller or processed by us on behalf of a seller under these terms and conditions, we shall remit those deductions to the relevant government or taxation authorities. We shall provide written evidence of any such tax payments to the seller. The seller must reimburse us in respect of such tax payments and, without prejudice to our other rights under these terms and conditions, we may deduct an amount equal to any such tax payments from payments due to the seller under these terms and conditions.

17.6  Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.

17.7  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

17.8  We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

17.9  In the event of a refund to a buyer, the seller must repay to us any amount that we paid to the seller in respect of the refunded amount. The seller shall continue to have an obligation to pay to us commission respect of a refunded amount, unless the refund is based on a sale to a consumer buyer as specified in Section 16.

17.10 In the event of a charge-back by a buyer, the seller must repay to us any amount that we paid to the seller in respect of the charged-back amount. We shall not charge the seller commission in respect of a charged-back amount.

 

18. Payments

18.1  Unless we have deducted the relevant amounts from payments processed by us on your behalf under these terms and conditions, you must pay to us the fees and/or commission due in respect of our website services upon request or at the end of each month, in cleared funds, in accordance with any instructions on our website.

18.2  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

18.3  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of EURO 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 18.3 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 18.3.

18.4  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

18.5  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

 

19. Our role

19.1  You acknowledge that:

(a)    we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b)    we do not check, audit or monitor the information contained in listings;

(c)    we are not party to any licence of digital products or any contract for the sale, purchase and/or licensing of digital products advertised on the website, unless the products are sold by us through our own 3DVista Market Profile;

(d)    unless we ourselves are the seller by selling a product through our own 3DVista Market Profile, we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and provide certain services to sellers;

(e)    we are not the agents for any buyer or seller,

and accordingly we will not be liable to any person in relation to the offer for sale, sale, purchase or licensing of any digital products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale, purchase or licensing of any digital products and we will have no obligation to mediate between the parties to any such contract.

19.2  The provisions of this Section 19 are subject to Section 24.1.

 

20. Your content: licence

20.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website, providing that “your content” shall not include any digital product that is made available on our website except to the extent stated otherwise in these terms and conditions.

20.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

20.3  You grant to us the right to sub-license the rights licensed under Section 20.2.

20.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 20.2.

20.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

20.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

20.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

21. Rules about your content

21.1  You warrant and represent that your content will comply with these terms and conditions.

21.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

21.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be in breach of official secrets legislation;

(j)     be in breach of any contractual obligation owed to any person;

(k)    depict violence in an explicit, graphic or gratuitous manner;

(l)     be pornographic, lewd, suggestive or sexually explicit;

(m)   be untrue, false, inaccurate or misleading;

(n)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(o)    constitute spam;

(p)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(q)    cause annoyance, inconvenience or needless anxiety to any person.

21.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

21.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

21.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

22. Report abuse

22.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

22.2  You can let us know about any such material or activity by email or using any contact form.

 

23. Limited warranties

23.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

23.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

23.3  To the maximum extent permitted by applicable law and subject to Section 24.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

24. Limitations and exclusions of liability

24.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

24.2  The limitations and exclusions of liability set out in this Section 24 and elsewhere in these terms and conditions:

(a)    are subject to Section 24.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

24.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

24.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

24.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

24.6  We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 24.6 shall not apply.

24.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 24.7 shall not apply.

24.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

24.9  Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

 

25. Indemnity

25.1  You hereby indemnify us, and undertake to keep us indemnified, against:

(a)    any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;

(b)    any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

 

26. Breaches of these terms and conditions

26.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

26.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

27. Third party websites

27.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

27.2  We have no control over third party websites and their contents, and subject to Section 24.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

28. Trade marks

28.1  3DVista, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

28.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

29. Variation

29.1  We may revise these terms and conditions from time to time.

29.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

29.3  If you have given your express agreement to these terms and conditions, then unless a revision of these terms and conditions is reasonably required in order to ensure that we comply with applicable law, we will ask for your express agreement to the revision; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

30. Assignment

30.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

30.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

31. Severability

31.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

31.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

32. Third party rights

32.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

32.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

33. Entire agreement

33.1  Subject to Section 24.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

34. Law and jurisdiction

34.1  These terms and conditions shall be governed by and construed in accordance with German law.

34.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.

 

35. Statutory and regulatory disclosures

35.1  We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

35.2  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

35.3  These terms and conditions are available in the English language only.

35.4  We are registered in trade register of Granada, Spain; Our registration number is ESB19701366.

35.5  Our VAT number is ESB19701366.

35.6  The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr.

 

36. Our details

36.1  This website is owned and operated by 3DVista Studios SL.

36.2  We are registered in Spain under registration number ESB19701366, and our registered office is at Avenida de La Innovación, Edificio BIC, 18100 Armilla Granada, Spain.

36.3  Our principal place of business is at Avenida de la Innovación, Edificio BIC, 18100 Armilla Granada, Spain.

36.4  You can contact us:

(a)    using our website contact form; or

(b)    by email, using the email address published on our website or market@3dvista.com.