1. Acknowledgement and acceptance of terms

We are committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing http://www.video360.co.nz you acknowledge and fully understand this Privacy Statement ("Statement"), agree to be bound by the terms contained in this Statement, and freely consent to the information collection and use practices described in this Statement. You further acknowledge and agree that you are at least 13 years old. If you are under 13 years old, you do not have permission to access this site. If you do not agree to these terms, please do not access or use this site.

2. Participating Third Party Policies

The Site may contain links to related services and offerings, including vendor sites. These third parties may have their own privacy statements that can be viewed on their websites or by contacting these third parties directly. These third parties who participate in our services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of these third parties before you provide any personal information or complete any transaction with such parties.

3. Information We Collect and How We Use It

We collect certain information from and about our users from you, the user. We do not collect information about the specifics of who you are ("Personally Identifiable Information") unless you specifically provide it to us.

You provide certain Personally Identifiable Information to us when you register with us, send us e-mail messages, submit forms to us, or provide information to us by any means. When you register, we will request some personal information which may include your name, address, e-mail, telephone number or facsimile number, account number, and may include other relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

We will not sell, trade, or rent Personally Identifiable Information to others. Furthermore, we will not disclose Personally Identifiable Information we collect from you to third parties without your permission, except to the extent necessary: To fulfill your service request, To protect ourselves from liability, to respond to a court order or subpoena, to comply with an investigation, or to comply with applicable laws or rules, or In connection with a merger, acquisition, or liquidation of the company.

We do not store your credit card information on our Site. Payments for membership services are made via credit card through our online transaction partner, PayPal.

You may ask to have the information on your account deleted or removed at any time. We will use reasonable efforts to delete your information; however, because we and our web hosting company have backup systems and keep track of past transactions and/or activities, it may be impossible to completely delete your information.

4. User Communication

We may, from time to time, send you e-mail regarding our services. In addition, if you indicate upon registration that you are interested in receiving offers or information from us, we may occasionally send you direct mail about products and services that may be of interest to you. Only Video360 will send you these direct mailings, and only if you indicated that you are interested in receiving these offers. If you do not want these mailings, you can tell us and we will remove you from our mailing list.

5. Security of Information

We will keep your Personally Identifiable Information secure consistent with current industry standards. Security of your Personally Identifiable Information is of utmost concern to us. Personally Identifiable Information, once transmitted to us, will be stored on computers that only selected personnel and contractors have access to via password.

6. Changes to this Statement

Video360 has the discretion to update this Statement at any time. When we do, we will also revise the updated date at the bottom of this Privacy page. We encourage you to periodically review this Statement to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Statement periodically and become aware of modifications. Your continued use of this site constitutes your agreement to this Statement and any updates.

Conduct on Site

You agree to obey all applicable rules and regulations in using the website, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content, Musical Content, and Video360 Videos created therefrom (collectively, "Submissions").

You agree that you will not upload, share, or otherwise distribute any Submissions-- including text, graphics, images, sounds, data, music, or other information — that:

1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;

2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;

3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

7. are to be re-sold for commercial purpose of any kind.

We have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

Linking Conditions

Your right to link to the Video360 website is expressly conditioned upon your compliance with the following restrictions:

a. The link must either resolve to the homepage, " www.video360.co.nz," or to the link associated with a User Video.

b. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Video360 or any other third party.

c. The link and surrounding materials must not deliver the website content in a framed environment, or alter the layout, content, look, or feel of the website.

d. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Video360; and

e. The link and surrounding materials must not portray Video360, Video360 Videos or services available on the website, or the website itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

Intellectual Property

a. Video360's Intellectual Property Rights. Video360 is the owner and retains all proprietary rights to the website, the services provided by the website, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the website and its content only as specifically authorized by us.

Video360's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Video360, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Video360.

b. Others' Intellectual Property Rights. Video360 deeply respects the third party intellectual property rights that may be implicated in creating a Video360 Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating a Video360' Video, you will be able to provide your own Image Content such as photos, graphics, text, or video segments. You will be able to either upload your own Musical Content, or select Musical Content from Video360. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.

Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in a Video360 Video. For example, professionally-taken photographs should not be used in aVideo360 Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in a Video360 Video unless you have received a license to do so from the owner of the copyright.

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a Video360 Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to us or our website.

Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in a Video360 Video.

You may want to search for Musical Content or Image Content through the Creative Commons.

You warrant that all Image Content and Musical Content uploaded by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as contemplated by the website and grant Video360 the rights described herein.

You hereby grant to Video360 a royalty-free, perpetual license to use, copy, create, modify, display and host your Video360 Video, Image Content, and Musical Content solely to the extent necessary for Video360 to provide the Services as described herein.

All trademarks and/or service marks displayed on the website are the exclusive property of their respective owners, and may not be used without the owner's permission.

Disclaimer of Warranties

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," VIDEO360 EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR EXCLUSIVE REMEDY AND VIDEO360'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID ANIMOTO, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

IN NO EVENT SHALL VIDEO360 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. VIDEO360 SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold VIDEO360, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, or (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. VIDEO360 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VIDEO360 in asserting any available defenses.

 

Accuracy

While every care has been taken to ensure the accuracy of the videos, virtual tours, photographs or maps that are included in Spin360 media, Virtual360 Ltd accepts no responsibility for any errors or omissions in the videos, virtual tours, photographs or maps or for changes that may have taken place at the property or company featured, or the city or country being promoted since the videos, virtual tours, photographs or maps were produced. Virtual360 Ltd excludes all liability for any loss whatsoever, whether direct, indirect, consequential or otherwise that may be suffered or incurred as a result of the information, or any omission or inaccuracy in the information, that appears in Spin360 media.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In the event legal action is necessary to enforce this Agreement, collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

___________________________________________________________________________________________________________________

If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices and terms, please contact us at:

Video360 by Virtual360 Ltd
PO Box 18748, Christchurch 8641, New Zealand
We will use commercially reasonable efforts to promptly respond and resolve any problem or question.

This document was last updated on September 17, 2010.