Terms and Conditions
Last updated: September 2020.
Viewing Terms and Conditions (3D Virtual Exhibition Tours and 3D Artspaces)
Rights And Responsibilities
1. Agreement: By viewing a 3D Artspace hosted with V21 Artspace, the user accepts these terms of service as binding. Any opposing conditions are not accepted and thus ineffective.
2. Responsibility: The user is solely responsible for all transferred contents and for their own demeanor on v21artspace.com. The user agrees to not violate laws and regulations within the boundaries of v21artspace.com. In case of any violation of the codes of law, ethical principles, these terms of service, or for other important reasons, we reserve the right to instantly prevent a user accessing v21artspace.com and delete all contents from the v21artspace.com servers as we see fit.
3. Obligations: The user agrees to a) not transfer copyrighted material or contents that would infringe the rights of other parties in any other way to the v21artspace.com website or 3D Artspace platform, to b) not insult, libel, harass or harm other users in any way, to c) not use the v21artspace.com for contents that are pornographic, national socialist, racist or harmful to children or that constitute a glorification of violence.
4. Inspection: v21artspace.com reserves the right - but does not incur any liability – to inspect, edit, delete or block contents that violate user obligations or the letter of the law. This also applies if a violation is suspected. There is no obligation for v21artspace.com to publish images and contents on the v21artspace.com website or 3D Artspace platform.
5. Copyright: By transferring any content onto the server, the user guarantees that they are entitled to provide this content for publication within the v21artspace.com website and 3D Artspace platform without any claims for compensation by V21 Artspace or other parties.
6. Indemnity clause: The user exempts V21 Artspace from all claims other parties may assert due to a violation of their rights, especially their copyrights, licensing rights, competition regulations or any other property rights by the content provided by the user. The user is obliged to reimburse all costs incurred in legal action effected by the violation of rights. The user agrees to support V21 Artspace by all means possible in meeting all third party claims based on his contents, especially by providing all documents necessary for legal defense.
7. Subject to consent: The website v21artspace.com, servers and its contents are protected by copyright and other property rights. Use of these contents is subject to existing copyright laws and property regulations. Any use of these contents, including the use of extracts, is subject to prior consent of the rights owners. It is not allowed to copy any contents by saving them locally or printing them.
8. Privacy: V21 Artspace guarantees compliance with privacy and data protection regulations. All user related data is only processed and stored as necessary to perform client contracts. All activities on the v21artspace.com website and 3D Artspace platform apart from where sensitive data is transferred in objects including but not limited to secure webchats, secure contract forms and secure private video conferencing are recorded along with the respective IP address. Find more detailed information in our Privacy Policy.
Liabilities and Limitations
1. System failures: In principle, V21 Artspace strives to maintain service for 24 hours a day, seven days a week and twelve months a year. This excludes all periods of unforeseeable peaks in traffic that result in server malfunction, as well as any failures caused by illegal invasion (i.e. hacking attacks) that could not have been prevented by technically and economically reasonable measures. Scheduled offline periods are necessary to maintain and update the servers. These will be announced in advance and do not constitute a breach of V21 Artspace’s contractual obligations. V21 Artspace can not guarantee the availability of their internet services at all times. If labor disputes, acts of God, war, riots or other circumstances beyond the control of V21 Artspace prevent V21 Artspace from fulfilling their contractual obligations, V21 Artspace shall face no legal consequences.
2. Exemption from liability: V21 Artspace is not liable for contracts formed between its users. The user also exempts V21 Artspace from all claims other users or other parties may assert due to his or her usage of V21 Artspace. If the rights of other users or other parties are violated by the contents provided or by other usage – such as message board activity, messaging or other - the user is obliged to reimburse all costs incurred in legal defense, including legal fees and costs. This does not apply if the user is demonstrably not responsible for the rights violation.
3. Limitation of liability: Towards business partners, and unless essential contractual obligations are violated, V21 Artspace is only liable for damage if and insofar as V21 Artspace, its legal representatives or its executive employees can be charged with deliberate intention or gross negligence. For all other servants and assignees, V21 Artspace only takes responsibility in the case of deliberate intention and insofar as essential contractual obligations are violated intentionally or by gross negligence. V21 Artspace is not liable for consequential loss, especially not for missed profits, unless their legal representatives, executive employees or servants and assignees can be charged with deliberate intention and gross negligence. Unless deliberate intention and gross negligence can be observed, V21 Artspace's liabilities only cover damages typically predictable at the time of contract formation.
Towards consumers, V21 Artspace is generally only liable for damages caused by an intentional and negligent violation of obligations. This limitation of liability includes all legal representatives and all servants and assignees of V21 Artspace. If essential contractual obligations are violated, V21 Artspace can be held responsible for any negligence on the part of its legal representatives and servants and assignees. Unless deliberate intention and gross negligence can be observed, this liability only covers damages typically predictable at the time of contract formation.
The aforementioned limitations of liability do not apply if V21 Artspace accepts explicit guarantees. Neither do they apply for damages from the loss of life, injury and health damage, or where mandatory legal regulations apply.
Final Provisions
If the user is a merchant in terms of the code of commerce, a special fund under public law or a legal person under public law, the exclusive court of jurisdictions for all disputes based on the user contract and these terms of service is determined by the location of the registered office of V21 Artspace. V21 Artspace reserves the right the modify the terms of usage and general conditions without giving reasons. All changes will be announced in time on the website v21artspace.com and the 3D Artspace platform and the user will be asked for their compliance. If the user does not object, the modifications take effect. If the user objects, the account will be terminated. If one or more than one of these regulations should become ineffective, the other regulations will remain effective in spite of this. The contractual partners will replace the ineffective terms with a regulation which matches their intentions best. The same applies to any possible omissions in these terms of use.
3D Virtual Exhibition Tour Terms and Conditions (For Real Time Exhibition Capture)
V21 Artspace is a trading name of V21 Productions Ltd, a company registered in England and Wales. Registered number: 11124094. Registered office; Antenna, 9a Beck Street, Nottingham, NG1 1EQ
Agreement
If the Client utilises any of the services of V21 Artspace, they are bound to the Terms and Conditions as outlined herein. It is the responsibility of the Client to assume that a Terms and Conditions exists, and that it should be read and understood prior to utilising V21 Artspace's services.
Copyright
V21 Artspace retains all rights to delivered material including but not limited to 3D virtual tours, 3D models, 360 photos and video supplied to the Client. All delivered material produced for the Client is licensed, not sold, and may be used by the Client for all marketing purposes associated with space in accordance with the current UK copyright law, “Copyright, designs and patents act 1988”.
Delivered material including, 3D virtual tours, 3D models, 360 photos and video will be licensed for a length of time determined at the time the original estimate is given. A Client who orders 3D Virtual Tours, in addition to the V21 Artspace Terms and Conditions, is subject to the Matterport Terms of Service.
For further information on UK Copyright Law, please read the Copyright, Designs And Patents Act 1988 Here.
For further information on the Matterport Terms of Service, please review the Matterport TOS here.
Marketing
Unless otherwise agreed upon prior to the commencement of work, the client accepts full responsibility to ensure that V21 Artspace is credited for all delivered materials wherever they are shared and published including but not limited to newspapers, journals, online articles and blogs, videos, radio and television.
Additional Usage
Subsequent usage of any deliverable V21 Artspace supplies, such as transferring the deliverable to another agent, trade, or service, requires a separate licensing agreement and an additional fee to be agreed upon.
V21 Artspace may use photos or video for its own promotional material at any time, unless otherwise agreed upon.
Public Content
Unless otherwise specified, all content including multimedia annotation content will be publicly accessible on all V21 Artspace channels. If the client requires the content to be unlisted / private, please make this request before the commencement of work. A fee may be charged for this service.
Estimates
Any fees quoted by V21 Artspace are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. Estimates are made in good faith of the time and expenses the Company anticipates and any errors and omissions made may be charged at our discretion.
Payment
Unless otherwise agreed upon, the Client shall make full payment after the production, and upon receipt of the invoice. Grant of deliverable is conditioned upon receipt of payment in full. Payment may be made by bank transfer. For new customers, we require a deposit before work commences, which will be agreed before the production commences.
If payment terms are not negotiated, a £25 late processing fee will be charged for invoices not paid within 30 days. After 30 days, interest will be charged on past due balances at a rate of 2% a month, commencing from the service date. After 30 days, the £25 processing fee and interest will be charged monthly until the invoice has been paid in full.
Scheduling
Please contact us via telephone at +44 (0) 115 727 0745 or email at info@v21artspace.com to schedule your appointment. We will do our best to accommodate last-minute appointments but please try to give at least a few days notice.
Cancellation / Rescheduling
If cancellation or rescheduling is necessary for any production appointment, a minimum 48 hour notice must be provided, otherwise a £100 minimum charge will apply.
On site cancellations will incur the full cost of the appointment booked.
Area Preparation
It is essential that the area is prepared for the virtual tour photography, 3D scan, and/or filming appointment and ready upon the arrival of the V21 Artspace photographer.
The best rule of thumb to keep in mind in preparation for a 3D virtual tour/video shoot is that the camera can see anything and everything that a person walking around can see. Due to this immersive quality of a virtual tour, the client should be very careful to make sure the entire captured area is well presented.
If the area is not ready to be scanned/photographed when the V21 Artspace photographer arrives , the photographer may choose to wait until the area is ready, or come back at a different time/day. Waiting, if applicable, is charged at £100 per hour or portion thereof and added to the invoice. If the photographer must come back to capture or complete a scheduled scan, a minimum charge of £100 will apply.
Onsite Services
Onsite services such as 3D scans, virtual tour photography and 360 videography can take anywhere between an hour to a full working day to complete (or more), depending on the size and complexity of the space and service chosen.
Please try to minimise the amount of people in the space during the appointment. Please do not book other appointments during the production session. Delays incurred on-site falling outside the scope of work required by any member of the V21 Artspace team will be billed to the Client at £100 per hour.
Visual Representation
Whilst your V21 Artspace photographer will do their best to ensure your space is visually represented faithfully, we cannot guarantee correct representation of the visuals within the space, this includes image technicalities such as colour and brightness and shape reproduction. The company does not accept any liability for any losses that may have been incurred as a result of incorrect visual representation.
Delivery / Archival
360 images, 3D Virtual Tour scans and panoramic virtual tours (including Google Street/Business View) are typically available within 5 working days after the shoot. The images are edited and optimised for quality before delivery to our Clients. Images may be delivered via email (zip file, Google Drive, Dropbox) per special request.
3D Virtual Tour scans are hosted on V21 Artspace Matterport Cloud Server, and are licensed to the Client for 1 year starting on the delivery date unless otherwise agreed upon. This licence can be renewed annually at a cost of £50 at the discretion of V21 Artspace. (See ‘Hosting’ in ‘Additional Fees’ section).
Google Street View/Business View virtual tours are hosted on the Client’s Google My Business page. The Client has the option to upload and arrange the 360 panoramic photos themselves (upon online delivery from V21 Artspace), or hire V21 Artspace to upload and transfer the virtual tour to the Client at an additional fee to be agreed upon during pre-production.
Additional Fees
Travel - If a travel fee applies to your space, it will be discussed prior to the appointment date, and included in your estimate.
Hosting Licence - A £50 hosting license fee applies to each Virtual Space created. We will send a renewal reminder out 30 days prior to the renewal date. If the clients confirms to renew, an invoice will be generated.
Client Representation
The Client is responsible to be present at the beginning of the shoot to approve the V21 Artspace photographer’s interpretation of the assignment. If the Client is not present, the photographer’s interpretation shall be deemed acceptable.
Indemnification
The Client hereby indemnifies and holds the Company harmless against any and all liabilities, claims, and expenses, including legal fees, arising from the Client’s use of the Company's work.
3D Artspace Client Terms and Conditions (For the Creation of Virtual Gallery and Exhibition Spaces)
V21 Artspace is a trading name of V21 Productions Ltd, a company registered in England and Wales. Registered number: 11124094. Registered office; Antenna, 9a Beck Street, Nottingham, NG1 1EQ.
Agreement
If the Client utilises any of the services of V21 Artspace, they are bound to the Terms and Conditions as outlined herein. It is the responsibility of the Client to assume that a Terms and Conditions exists, and that it should be read and understood prior to utilising V21 Artspace's services.
Copyright
V21 Artspace retains all rights to delivered material including but not limited to 3D virtual tours, 3D models, 360 photos and video supplied to the Client. All delivered material produced for the Client is licensed, not sold, and may be used by the Client for all marketing purposes associated with space in accordance with the current UK copyright law, “Copyright, designs and patents act 1988”.
Delivered material including 3D virtual tours, 3D models, 360 photos and video will be licensed for a length of time determined at the time the original estimate is given.
By transferring any content onto the server, the user guarantees that they are entitled to provide this content for publication within the v21artspace.com website and 3D Artspace platforms without any claims for compensation by V21 Artspace or other parties.
For further information on UK Copyright Law, please read the Copyright, Designs And Patents Act 1988 Here.
Marketing
Unless otherwise agreed upon prior to the commencement of work, the client accepts full responsibility to ensure that V21 Artspace is credited for all delivered materials wherever they are shared and published including but not limited to newspapers, journals, online articles and blogs, videos, radio and television.
Additional Usage
Subsequent usage of any deliverable V21 Artspace supplies, such as transferring the deliverable to another agent, trade, or service, requires a separate licensing agreement and an additional fee to be agreed upon.
V21 Artspace may use photos or video for its own promotional material at any time, unless otherwise agreed upon.
Estimates
Any fees quoted by V21 Artspace are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. Estimates are made in good faith of the time and expenses the Company anticipates and any errors and omissions made may be charged at our discretion.
Payment
Unless otherwise agreed upon, the Client shall make full payment after the production, and upon receipt of the invoice. Grant of deliverable is conditioned upon receipt of payment in full. Payment may be made by bank transfer. For new customers, we require a deposit before work commences, which will be agreed before the production commences.
If payment terms are not negotiated, a £25 late processing fee will be charged for invoices not paid within 30 days. After 30 days, interest will be charged on past due balances at a rate of 2% a month, commencing from the service date. After 30 days, the £25 processing fee and interest will be charged monthly until the invoice has been paid in full.
Scheduling
Please contact us via telephone at +44 (0) 115 727 0745 or email at info@v21artspace.com to schedule the production of your 3D Artspace. We usually require at least 30 days notice to commence production. We will do our best to accommodate last-minute bookings, but cannot guarantee a delivery date under these circumstances. Cancellation / Rescheduling
If cancellation or rescheduling is necessary for any production appointment, a minimum 14 days notice must be provided, otherwise a charge of 50% of your total order value will apply.
If cancellations are made less than 7 days prior to the commencement of production a charge of 100% of will apply.
File Preparation
It is essential that all media or exhibition plans to be included in the 3D Artspace meet the technical specifications defined by your V21 Artspace project coordinator throughout the pre production consultation.
All media and exhibition plans must be delivered to V21 Artspace 14 days prior to production commencing.
If the files are not correctly prepared or are not delivered on time this may cause a delay in production and additional charges may apply.
Delivery / Archival
3D Artspaces are hosted on V21 Artspace’s Amazon Cloud Servers, and are licensed to the Client for 1 year starting on the delivery date unless otherwise agreed upon. This licence can be renewed annually at a cost of £50 at the discretion of V21 Artspace. (See ‘Hosting’ in ‘Additional Fees’ section).
Public Content
Unless otherwise specified, all content including multimedia annotation content will be publicly accessible on all V21 Artspace channels. If the client requires the content to be unlisted / private, please make this request before the commencement of work. A fee may be charged for this service.
Additional Fees
Hosting Licence - A £50 hosting license fee applies to each 3D Artspace created. We will send a renewal reminder out 30 days prior to the renewal date. If the client confirms to renew, an invoice will be generated.
Late Delivery - A fee may be charged where the production of a 3D Artspace is delayed by a client, which falls outside of the agreed production schedule.
Additional Changes - A fee may be charged where changes are made to the 3D Artspace outside of the agreed brief.
Client Representation
It is the client’s responsibility to approve the V21 Artspace’s interpretation of the assignment. If the client is does not provide feedback, V21 Artspace’s interpretation shall be deemed acceptable.
Indemnification
The Client hereby indemnifies and holds the Company harmless against any and all liabilities, claims, and expenses, including legal fees, arising from the Client’s use of the Company's work.