VDROOM LTD. (“VDROOM”, “we”, “us”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our marketing platform https://www.vdroom-travel.com/ (the "Platform", as further detailed 2 below) that provides Virtual Reality ("VR") tools and related services to our Users. You may use the Platform in accordance with the terms and conditions hereunder.
IMPORTANT: THE PLATFORM INCLUDES VIRTUAL REALITY CONTENT. THE USE OF VIRTUAL REALITY TECHNOLOGY MAY CAUSE NAUSEA OR OTHER PHYSICAL EFFECTS. IF YOU ARE SENSITIVE TO VIRTUAL REALITY TECHNOLOGY, PLEASE STOP USING THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF VIRTUAL REALITY TECHNOLOGY IS AT YOUR OWN RISK.
NOTE: THESE TERMS GOVERN SOLELY THE GENERAL USE OF THE PLATFORM. IF YOU WOULD LIKE TO RECEIVE SERVICES FROM THE COMPANY OR PROVIDE SERVICES TO THE COMPANY, PLEASE FIND IN SECTION 2 BELOW REFERENCES TO OUR ENGAGEMENT AGREEMENTS.
Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS, OR USE ANY PART OF THE PLATFORM.
The Platform is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms. Please note that we reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Platform. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Platform, we will prohibit and block such User from accessing the Platform.
VDROOM is a direct marketing platform that enables Users to create VR websites for hotels, rental apartments and holiday resorts, for the viewing with all VR glasses.
The Platform includes VR images (the "Images") that give travelers a unique VR experience of a property, service or location. It is a close experience a person can have without actually being at such locations.
The Platform also serves as a repository of Images that may be licensed from the Company or third parties.
Your use of our Platform
Travelers: The Platform displays Images of various location, such as hotels, rental apartments and holiday resorts and basic information regarding these locations. The Images and information are provided to you on an "AS IS" basis. You may receive detailed information about each location and make reservations to such locations by entering into the applicable supplier's website (a link will be provided for your convenience on the Platform). Orders or bookings are not performed by the Company and are not currently included in our services.
If you would like the Company to setup, design and promote a website that utilizes VR technology and Images for your services, please request our short supplier agreement via email at email@example.com.
If you would like to purchase VR stands from the Company for demonstration purposes, please request our short purchase agreement via email at firstname.lastname@example.org.
Photographers: If you are a VR photographer and wish to contribute your Images to our Platform or commercialize your Images through our Platform, please request our short photographer agreement via email at email@example.com.
The Platform provides information regarding the Company, its products, and other resources such as the Images, videos, text, files, logos, buttons, icons, data compilations, links, other specialized content, technical data, documentation, know-how, specifications, designs, the "look and feel" of the Platform, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Platform (collectively, the “Content”).
OUR PLATFORM ALLOWS YOU TO CONTACT THIRD PARTY SUPPLIERS (E.G. HOTELS, RENTAL APARTMENTS, HOLIDAY RESORTS). HOWEVER, WE DO NOT RECOMMEND ANY SPECIFIC LOCATION, SERVICE OR PRODUCT. WE ARE NOT AFFILIATED WITH SUCH THIRD PARTY SUPPLIERS. ANY GUARANTEES OR WARRANTIES PROVIDED BY SUCH SUPPLIERS ARE STRICTLY BETWEEN YOU AND THE APPLICABLE SUPPLIER.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE PLARFORM ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN “AS IS“ BASIS.
VDROOM WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH (A) YOUR USE OF THE PLATFORM AND/OR THE CONTENT, OR (B) YOUR INTERACTIONS AND/OR AGREEMENTS WITH THIRD PARTY SUPPLIERS.
The use of our Platform is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Platform in the future.
If you have chosen to enter into a separate engagement with us, under the agreements specified in Section 2, the consideration will be specified in such separate agreement(s).
You acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
There are certain conducts that are strictly prohibited when using the Platform. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the Platform, and may expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by VDROOM, you may not (and you may not permit anyone to): (a) use the Platform and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or Content for non-personal purposes; (c) remove or disassociate, from the Content and/or the Platform any restrictions and signs indicating proprietary rights of VDROOM or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Platform or the servers or networks that host it, or violate any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or expressly state or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Platform or our service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Platform's infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Platform; (i) copy, modify, alter, adapt, make available, distribute, translate, make derivative works, port, reverse engineer, decompile, or disassemble any portion of the Content or VDROOM's Intellectual Property (as defined below); (j) sublicense, sell, rent, transfer, lend, or make any commercial use of the Platform; (k) make any use of the Content on any site or network other than the Platform; (l) frame or mirror any part of the Platform; (m) create a database by systematically downloading and storing any data from the Platform; (n) transmit or otherwise make available in connection with the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (o) use the Platform for any purpose for which it is not intended; and/or (p) breach any of the Terms.
Trademarks and Trade names
“VDROOM” and all logos and other proprietary identifiers used by VDROOM in connection with the Platform (“VDROOM Trademarks”) are all trademarks and/or trade names of VDROOM, whether or not registered. All other trademarks,service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to VDROOM Trademarks and/or to the Third Party Marks is granted hereunder. You agree that no such right, license, or interest will be asserted by you with respect to VDROOM Trademarks or the Third Party Marks. You will avoid using any of those marks, unless expressly permitted herein.
VDROOM Intellectual Property Rights
The Platform, the Content, the VDROOM Trademarks, other Company proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright, trademark and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to VDROOM (“Feedback”), VDROOM shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any VDROOM current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require VDROOM to comply with any additional obligations with respect to any VDROOM current or future products, technologies or services that incorporate any Feedback.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Our Copyright Agent can be reached at firstname.lastname@example.org.
Linking to our Platform and Links to Third Party Sites
We welcome links to any page on our Platform. You are free to establish a hypertext link to the Platform so long as the link does not state or imply any connection or approval of your website, products and/or services by VDROOM, and does not portray VDROOM in a false or otherwise offensive manner. You may not link to our Platform from a site that you do not own or have permission to use. In the event that you link to VDROOM's Platform you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The Platform's availability and functionality depend on various factors, such as communication networks and internet connectivity. VDROOM does not warrant or guarantee that the Platform will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Changes to The Platform
VDROOM reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Platform (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that VDROOM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Platform, or the Content included in therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND VDROOM, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "VDROOM'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE PLATFORM OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE PLATFORM, (III) THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE PLATFORM AND/OR CONTENT. VDROOM AND VDROOM'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE PLATFORM, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND/OR INFORMATION DISPLAYED WITHIN THEM.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN VDROOM.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT THE USE OF THE PLATFORM AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL VDROOM, INCLUDING VDROOM'S REPRESENTATIVES BE LIABLE FOR ANY INDIRECT (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION), SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE PLATFORM AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR THE CONTENT AND/OR THE FAILURE OF THE PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF VDROOM TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF VDROOM OR VDROOM'S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; REGARDLESS OF WHETHER VDROOM OR VDROOM'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, VDROOM'S AND VDROOM'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO VDROOM FOR THE USE OF THE PLATFORM OR $US1.00, WHICHEVER IS GREATER. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless VDROOM, including VDROOM Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney's fees) arising from: (i) your use or misuse of the Platform and/or Content; (ii) your violation of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy rights; and/or (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party in connection with the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
VDRoom may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent via e-mail, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination of your Account and Termination of Platform's Operation
At any time, VDROOM may without notice discontinue your use of the Platform, at its sole discretion, in addition to any other remedies that may be available to VDROOM under any applicable law.
Additionally, VDROOM may at any time, at its sole discretion, cease the operation of the Platform or any part thereof, temporarily or permanently, delete any information or Content from the Platform or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that VDROOM does not assume any responsibility with respect to, or in connection with the termination of the Platform's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, VDROOM may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM AND/OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by VDROOM, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to email@example.com.