Terms of Service
Get a 360-degree virtual tours experience with the Virtual Tours Creators. We offer 360-degree tour software services around the globe.
These Terms of Service are the contract between you and Virtual Tours Creator (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
Virtual Tours Creator is a trade name of The Trustee for Dorawa, ABN – 41955319479, whose registered office is at 31/29-49 Varsity Pde, Varsity Lakes QLD 4227, Australia.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy Service on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
Terms and Conditions of Virtual Tours Creator
Effective Date: 11/11/2018
These Terms of Service (“TOS” or “Agreement”) govern your use of the Virtual Tours Creator (“VTC”) website and services, including both the 360-degree virtual tour creation software and photo editing services. By accessing or using VTC’s website or services, you agree to these TOS.
1. Definitions
In this Agreement, unless the context requires otherwise, the following words have these meanings:
- “Content”: Any images, photos, text, videos, sounds, or other material uploaded, submitted, or created by the user, including 360-degree virtual tours and photos for editing.
- “Services”: All services offered through VTC’s website, including both free and paid services such as 360-degree virtual tours and photo editing.
- “Subscription”: The paid or free membership that gives you access to VTC’s services.
- “License”: The permission you grant to VTC to use, modify, distribute, and/or sell content you upload.
- “Our Website”: Refers to any website or platform operated by VTC that provides access to its services.
2. Contract Between You and VTC
2.1 Acceptance: By using or subscribing to VTC’s services, you agree to be bound by these TOS.
2.2 Service Availability: VTC reserves the right to limit services in certain countries or regions and may refuse service at its discretion.
2.3 Amendments: VTC may modify these TOS at any time. The version applicable to your contract is the version in effect at the time of your service use or purchase.
2.4 License Agreement: When you upload any Content to VTC’s platform, you grant VTC a worldwide, perpetual, non-exclusive, royalty-free license to use, modify, distribute, reproduce, and sell the content for commercial purposes. This includes the right to use the content for marketing or resale.
3. Ownership and Licensing of Content
3.1 User-Generated Content: All content uploaded by users remains the intellectual property of the user unless otherwise agreed. However, by uploading content (e.g., photos for editing or virtual tours), you grant VTC a perpetual, irrevocable, royalty-free, worldwide license to:
- Use, reproduce, modify, display, and distribute the content for promotional, commercial, or other purposes.
- Sell the content, either in its original form or as modified by VTC (e.g., edited photos).
- Feature the content in public galleries, advertisements, and marketing materials.
3.2 Ownership Transfer: In some cases, VTC may require an assignment of intellectual property rights in the content. If this is the case, such assignment will be made clear at the time of upload or through a separate agreement.
3.3 Rights Waiver: You agree to waive your right to be identified as the author of any content and your right to object to derogatory treatment of your content under the Copyright Act 1968.
4. Subscriptions and Payments
4.1 Subscription Levels: VTC offers both free and paid subscription models. Paid subscriptions provide access to additional services, such as advanced photo editing or more comprehensive 360-degree virtual tour features.
4.2 Auto-Renewal: Subscriptions will automatically renew unless canceled before the renewal date. You can cancel auto-renewal by contacting VTC customer support or using the “My Account” section on the website.
4.3 Non-Refundable: Except as otherwise provided in these TOS or required by law, all payments are non-refundable.
4.4 Change in Subscription: If you upgrade or downgrade your subscription plan, any changes will be reflected immediately. There will be no refunds for unused portions of previously paid subscriptions.
5. Security of Content and Data
5.1 Data Security: VTC uses industry-standard encryption technologies (e.g., SSL) to protect your uploaded content and personal data.
5.2 File Protection: All files uploaded to VTC’s platform, whether for photo editing or virtual tours, are protected by firewalls and regularly updated antivirus software.
5.3 Content Backup: While VTC takes steps to protect your content, you are responsible for backing up any files uploaded to the platform. VTC does not guarantee that content will be stored indefinitely.
6. Cookies, Web Beacons, and Tracking Technologies
6.1 Cookies: VTC uses cookies to enhance the user experience and track usage patterns. You may disable cookies via your browser settings, but doing so may limit your ability to use some features of the website.
6.2 Web Beacons: VTC uses web beacons (small graphic files) in emails and on the website to track user behavior, such as whether an email has been opened or a specific page has been visited.
6.3 Embedded Scripts: VTC may use embedded scripts that collect data about your interactions with the website, such as the links you click or how long you spend on a page.
7. User Rights and Responsibilities
7.1 Content Ownership: Except as otherwise provided in these TOS, users retain ownership of the intellectual property rights in the content they upload.
7.2 License to VTC: By uploading content to VTC’s platform, you grant VTC the right to use, display, modify, and distribute your content for commercial purposes, including resale.
7.3 Right to Revoke: You may request the removal of your content from VTC’s platform. However, VTC reserves the right to continue using content that has already been published in marketing materials or sold to third parties.
7.4 Liability for Content: You are solely responsible for any content you upload. You agree not to upload any content that is defamatory, offensive, or infringes on the intellectual property rights of others.
8. Content Removal and Termination
8.1 Content Removal: VTC reserves the right to remove any content that violates these TOS or is otherwise inappropriate, without notice to you.
8.2 Termination: VTC may terminate your account and access to services if you violate these TOS. Upon termination, any content uploaded by you may still be used by VTC as described in these TOS.
9. Disclaimers and Limitations of Liability
9.1 No Warranties: VTC provides services “as is” and makes no guarantees regarding the accuracy or quality of the services, including the accuracy of photo edits or 360-degree virtual tours.
9.2 Limitation of Liability: VTC’s liability is limited to $500 in aggregate for any claims arising out of your use of the website or services.
9.3 Third-Party Links: VTC may link to third-party websites. VTC is not responsible for the content or actions of these third-party websites.
10. Governing Law
This Agreement is governed by the laws of the State of Queensland, Australia. Any disputes arising under these TOS will be resolved in the courts of Queensland.
11. Contact Information
If you have any questions about these Terms of Service, please contact VTC at:
- Email: [email protected]
- Address: 31/29-49 Varsity Pde, Varsity Lakes QLD 4227, Australia
lidity, construction and performance of this agreement shall be governed by the laws of the State of Queensland.