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TERMS AND CONDITIONS

LAST UPDATED : AUG 2019

TERMS OF SERVICE

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE SUBSCRIBING TO ANY OF OUR PLANS, PRODUCTS OR SERVICES.

BY AVAILING ANY OF THE PLANS WE OFFER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


General Information, Contracting Parties, Scope Of Application
⦁ 3D Vision Technologies Ltd. is a leading innovative company specializing in 3D, virtual reality, and augmented reality technologies. Headquartered in Hong Kong, the company's patented 2D-to-3D conversion technology and mobile apps create immersive virtual tours captured on 2D smartphones and 360 cameras. 3D Vision Technologies Ltd. is an award-winning company. 3D Vision Technologies Ltd. provides a mobile app and cloud-based platform under the brand name of HomeSpace360 that offers users the ability to create 2D and 3D VR content that charges users a monthly licensing fee. The services of the HomeSpace360 mobile app and website are offered to the user by 3D Vision Technologies Ltd., a Hong Kong corporation, with a principal place of business at 21F Hing Yip Commercial Centre, 272-284 Des Vouex Road Central, Hong Kong (hereinafter referred to as "HomeSpace360").

⦁ The use of the HomeSpace360 mobile app and cloud platform and thereby established business relation between HomeSpace360 and the user shall exclusively be governed by the following terms of use. By downloading the App and using its features, the user agrees to be bound by these terms of use, the code of conduct (see also below) and the privacy policy (see also below). These terms of use apply to all contents, features and other services that HomeSpace360 offers with the HomeSpace360 mobile app and cloud platform. For (all) other offers and especially for the services offered on www.HomeSpace360.com their respective terms of use imposed by HomeSpace360 shall apply. Any deviating terms and conditions of the user shall not be acknowledged, unless HomeSpace360 explicitly agrees to their application in writing.

⦁ The HomeSpace360 mobile app and cloud platform is offered in English.

⦁ These terms of use and the privacy policy (see also below) may be modified by HomeSpace360, if it appears necessary and if it does not cause any prejudice to the user contravening good faith. Such modification may occur in case of a change of the applicable law, amendment of superior case law or change of the trading circumstances. HomeSpace360 will notify the user about any modifications, its reasons and the extent of the changes in text format (e.g. via email). The modifications are considered accepted if the user does not disagree at least in text form. HomeSpace360 will give special notice on this effect in its notification note. The objection has to be received by HomeSpace360 within ten days after the user received the notification. If the user disagrees to the changes, the wish for modification is considered rejected. The contract will then resume without the suggested modifications, albeit both parties may terminate the contract with immediate effect.
Definitions
⦁ "HomeSpace360" is the brand name of a product under the 3D Vision Technologies Ltd., a Hong Kong corporation, with a principal place of business at 21F Hing Yip Commercial Centre, 272-284 Des Vouex Road Central, Hong Kong (hereinafter referred to as "HomeSpace360").

⦁ HomeSpace360 mobile app and cloud platform are the content platform services and software (Apps) that offer users to subscribe HomeSpace360's 3D, VR and AR content platform services and that charges users the monthly licensing fee (but not limited). (The detail article of subscription fee shall be set separately depending on different countries and areas.)

⦁ "Functions" are all non-binding, cost-free and without warranty for their absence of errors i.e. defects as to quality provided functions, such as the connecting of the HomeSpace360 mobile app and cloud platform with compatible terminal device which may control the HomeSpace360 mobile app and cloud platform , the access to services offered on www.HomeSpace360.com, the conversion of 2D photography and videography into a stereoscopic-3D VR format, the synchronization of panoramas and their 360 degrees or monoscopic and stereoscopic VR display on compatible terminal devices.

⦁ "User" are persons who have visited or installed the HomeSpace360 mobile app and cloud platform on their compatible terminal devices and who use the provided services.

⦁ "Images" are all picture files that the user has created and imported by HomeSpace360 mobile app and cloud platform.

⦁ "Panoramas" are images that are edited by the services of HomeSpace360 mobile app and cloud platform and "stitched" together to a HomeSpace360 panoramic image.

⦁ "Services" are all non-binding online services and functions provided by HomeSpace360 on www.HomeSpace360.com.

⦁ "www.HomeSpace360.com" is the web presence offered by HomeSpace360 through www.HomeSpace360.com.

⦁ "App Store of third parties" is the app store for the operating system of the compatible terminal devices that the HomeSpace360 mobile app and cloud platform may be downloaded from. For the use of each App Stores the respective terms of use of the operator of the App Store shall apply.

⦁ "Compatible terminal devices" are smart phones, tablets, handset devices, digital cameras, photographic equipment and other computers running operating systems which the HomeSpace360 mobile app and cloud platform was developed for, from whose app stores the HomeSpace360 mobile app and cloud platform may be downloaded and on which the HomeSpace360 mobile app and cloud platform is executable. HomeSpace360 does not provide any guarantee that the HomeSpace360 mobile app and cloud platform runs on a certain terminal device.

⦁ “Hong Kong” means the Hong Kong Special Administrative Region of the PRC; “PRC” means the People’s Republic of China
App Features, Object Of Agreement, Disclaimer Of Warranty
⦁ HomeSpace360 offers the user features complementary to the HomeSpace360 compatible terminal devices without any engagement and any other costs, excluding subscription fee and rendering fee. These features include for example the connecting of the HomeSpace360 compatible terminal devices that may be controlled by HomeSpace360 website & app services, the access to services provided on www.HomeSpace360.com, the synchronization of panoramas and their 360 degrees display on compatible terminal devices. For the use of all services provided on www.HomeSpace360.com the terms of use of www.HomeSpace360.com shall apply.

⦁ This contract covers the license of the HomeSpace360 mobile app and cloud platform besides the assignment of all necessary rights of use in accordance with § 4. By the way of downloading the app from any app store of a third party insofar as it provides the HomeSpace360 mobile app and cloud platform, HomeSpace360 provides a copy of the app in digital form available to the user.

⦁ As long as using the HomeSpace360 mobile app and cloud platform the user signed this contract, the user is not entitled to claim absence of errors and defects as to quality of the HomeSpace360 mobile app and cloud platform and its features. Any claims resulting from malicious nondisclosure of a defect in quality remain unaffected.

⦁ Subject to the terms and conditions of this Agreement, HomeSpace360 grants to user a non-exclusive license to use, display, commercialize and incorporate the Deliverables in object form into the HomeSpace360 mobile app and cloud platform. All user’s Deliverables which created by the HomeSpace360 mobile app and cloud platform can freely be used by HomeSpace360 in all marketing materials or showcased in HomeSpace360’s website or social media, but not limited. HomeSpace360 shall have the right to display, and use the deliverables using user’s own trademarks, trade names, service marks and look and feel, but not limited.

⦁ SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL HOMESPACE360 OR 3D VISION TECHNOLOGIES LTD., OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF HOMESPACE360 OR 3D VISION TECHNOLOGIES LTD. HAS BEEN ADVISED OR OTHERWISE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL HOMESPACE360 OR 3D VISION TECHNOLOGIES LTD., OR ITS LICENSORS' LIABILITY EXCEED YOUR PURCHASE OR SUBSCRIPTION PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
Granting Of Rights
⦁ HomeSpace360 grants to the user the non-exclusive, non-transferable and non-sublicensable right of use of the HomeSpace360 mobile app and cloud platform according to the terms of the contract. The contractual usage includes solely the installing as well as the loading, display and running of the HomeSpace360 mobile app and cloud platform on the terminal device that the app was downloaded onto, limited in temporal perspective to the period of installation on the particular device.

⦁ Beyond the legally permitted cases, the user is not entitled to duplicate, edit or decompile the HomeSpace360 mobile app and cloud platform.

⦁ If the user infringes the terms set out above or if he/she uses the HomeSpace360 mobile app and cloud platform beyond the granted rights of use, all rights of use granted in the context of this contract are immediately rendered ineffective and automatically revert to HomeSpace360. In this case, the user has to refrain immediately and completely from using the software and he/she has to delete the HomeSpace360 mobile app and cloud platform immediately.

⦁ Notwithstanding anything to the contrary, HomeSpace360 retains all title to and, except as expressly and unambiguously licensed herein, all rights and interest in (i) the Software, Images, Panoramas, all copies and derivative works thereof (whether by whomever produced), and (ii) all copyright rights, patent rights, trade secret rights, moral rights and all other intellectual property and proprietary rights (IPRs) anywhere in the world in the Software, services and deliverables.

⦁ Users shall not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or underlying ideas or algorithms of the "HomeSpace360 Products".

⦁ HomeSpace360 shall in no event be liable for any indirect, special, exemplary, incidental or consequential loss or damage or for any lost profits, lost savings or loss of revenues suffered by users arising from or in any way connected with this agreement or use of HomeSpace360 products.

⦁ The Software and service is only licensed to Licensee and is not sold.

⦁ HomeSpace360 reserves the right to block a user account or charge an additional fee in case of excessive use of bandwith (over 80GB per month).

⦁ This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
Liability
⦁ Any claims for damages by the user are excluded unless in those cases where the user’s claims for damages arise from injury to his life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by willful or grossly negligent breach of duty by HomeSpace360, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.

⦁ In the event of a breach of material contractual obligations through ordinary negligence, HomeSpace360 shall only be liable for any foreseeable damage typical for the contract, unless the damage claim is for injury to life, body or health.

⦁ The restrictions set forth in subsections (1) and (2) above also apply in favor of HomeSpace360's legal representatives and vicarious agents if damages are claimed directly from them.

⦁ HomeSpace360 is a non-EU provider with no VAT registration. Therefore VAT is not applied to any purchases processed through our apps or websites. The service charge shall not include 5% VAT, shall not be refunded and to have been agreed by both parties. All subscription prices specified are exclusive of all foreign, federal, state and local import, excise, sales, GST, VAT.

⦁ When users apply for level upgraded or downgraded in the current month, the billing rate adjustment will be valid from the next billing cycle. However, the HomeSpace360 mobile app and cloud platform subscription will not be refunded during the complete subscription period.

⦁ The provisions of the [Hong Kong Consumer Protection Act] remain unaffected.

⦁ Shipping of physical components of HomeSpace360 mobile app and cloud platform is estimated to 4 to 7 days. HomeSpace360 is not liable for all additional delays that may occur beyond its control. The user may contact HomeSpace360 to inquire more information about the shipment. HomeSpace360 is not liable for any custom and import taxes that may occur. HomeSpace360 is not liable for any misuse of the physical components provided to the user and/or of any damage to the user's own equipment resulting from the usage of the physical components.
Privacy Policy
HomeSpace360 collects, stores and processes all personal data collected in the context of orders of goods for the purpose of purchase processing and in the context of the provided services, for the purpose of providing HomeSpace360’s services, provided that users have explicitly consented to the processing of such personal data, including any potential subsequent warranties, for HomeSpace360 ’s services, for the technical administration as well as for HomeSpace360 ’s own marketing purposes, subject to the users’ right to object at any time.

The collection and processing of personal data for the specific purposes described in the Privacy Policy is made in accordance with the data protection laws of Hong Kong. When offering its services or goods to individuals within the European Union, HomeSpace360 conforms to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

As far as it is necessary for the purpose of processing the purchase or of providing HomeSpace360’s services or if the user has explicitly agreed to it, personal data will be shared or otherwise transferred to third parties. HomeSpace360 collects personal data of the user for surrendering the HomeSpace360 mobile app and cloud platform via the App Store of third parties and the use of the App’s functions. For the offer on www.HomeSpace360.com and especially all provided services on www.HomeSpace360.com the valid privacy policy (see also below) shall apply.
Sharing User’s Content and Information
⦁ User shall know that when you own all of the content and information you post on HomeSpace360 mobile app and cloud platform, and you can control how it is shared through your privacy and application settings. In addition, User should follow this protocol and rule as below :
1.) For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with HomeSpace360 mobile app and cloud platform (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

2.) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3.) When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)

4.) When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of HomeSpace360 mobile app and cloud platform, to access and use that information, and to associate it with you (i.e., your name and personal information).

5.) We always appreciate your feedback or other suggestions about HomeSpace360 mobile app and cloud platform, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Miscellaneous Clauses
⦁ As far as the user is a professional with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) and for other users, the contracts between HomeSpace360 and its users are governed by the laws of Hong Kong to the exclusion of the United Nations Convention on Contracts for the international sale of goods.

⦁ Venue for all disputes arising from contractual relations between the user and HomeSpace360 is HomeSpace360's registered office, provided that the user is a salesperson, a legal person under public law or a special fund under public law.

⦁ If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.
Code Of Conduct
The following rules are mandatory and apply to the conduct of all users, to the content of all profiles, to all panoramas and videos as well as to all dealings with data that are accessible on www.HomeSpace360.com
⦁ All users shall maintain a respectful manner of expression and polite interaction. No one shall be negatively emphasized, defamed, harassed, insulted or ridiculed.

⦁ Any contents that contravene applicable law are not permitted. HomeSpace360 reserves the right to bring legal action in the event of criminal activities.

⦁ Any racist, violent, politically extremist, sexist, discriminatory or otherwise offensive contents as well as contents that insult, frame, threaten or verbally diminish another person, ethnic groups or religious confessions are not permitted.

⦁ Pictures and photos showing pornographic motifs and images of physical or sexual violence are not permitted. Likewise images of victims of violent acts, war and natural catastrophes, the usage of unconstitutional symbols as well as the illustration of motifs that glorify violence or acts of war are prohibited. Contents that contravene human dignity, in particular the illustration of humans who are or have been dying or suffering from serious physical or psychological illness are inadmissible, whereby an actual event is reported in absence of a legitimate interest for this particular form of illustration or reporting; any consent is irrelevant.

⦁ Data must not be read, stored, edited, changed, forwarded or otherwise misused manually or automatically for the purpose of data acquisition without consent.

⦁ It shall be prohibited to set up profiles and websites within the network that serve to read out, store, edit, change, forward or otherwise misuse information.

⦁ It shall be prohibited to use or spread viruses, links, programs or other techniques that contravene HomeSpace360's terms of use.

⦁ There must not be any technical attacks in order to entirely or partly change, misuse, delete or otherwise damage data of individual users. Likewise, technical attacks of any kind on the servers and data bases of HomeSpace360 are prohibited.

⦁ Any violation of the terms of use or the rules of this code of conduct result in a warning of the user, a temporary or permanent blocking or deletion of the user account. HomeSpace360 reserves the right to delete any account immediately and without any warning.