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General information ROOM 3D Access and use User responsibilities and obligations Privacy Intellectual property Disclaimer of warranties and limitation of liability Indemnification Additional terms Modification and update of the terms

ROOM 3D (Beta) Terms & Conditions

Hello. We are ROOM 3D. Here's how we protect your data and respect your privacy.

General information

Thank you for participating in the ROOM 3D experience in beta release. ROOM 3D is a video-conferencing service in a virtual environment (ROOM 3D) offered by ROOM 3D Communications SA,14-16 Avenue Pasteur, L-2310 Luxembourg, and its affiliates (“ROOMco”, “we”, “us”, or “our”).

These General Terms and Conditions, including our Privacy Policy expressly incorporated herein (collectively the “Terms”) govern the access to and the use of the ROOM 3D service platform and services including websites and mobile applications (collectively “ROOM 3D” or the “Service”) and set out the terms and conditions upon which users may use the Service. The Terms apply to all users of the Service, including, but not limited to, users who browse the site, customers, contractual partners, and/or third parties (collectively the “User” or the “Users”).

By using the Service, you agree to be bound by the following Terms, including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. To the extent that specific terms of use apply in addition to these general Terms, they and the general Terms constitute an agreement between you and ROOMco.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING, OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE REACHED THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF OR FOR THE BENEFIT OF ANY LEGAL ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE RIGHT TO ENTER INTO AND AUTHORISE THE BINDING LEGAL ENTITY OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Please note that we reserve the right, at our sole discretion, to revise, modify or change, or to remove parts or all of these Terms at any time. You can always view the current version of the Terms on this site. The date when the Terms were last updated is indicated at the end of these Terms. Any new features and tools that are added to the Service in the future will also be subject to these Terms.

Your continued use of or access to the Service following the posting of any changes of the Terms will constitute your acceptance of those changes.

ROOM 3D

ROOM 3D is provided as a “Beta” version and made available on an “As Is” or “As Available” basis service without support and your use of the Service is at your own risk.

We are not obligated to provide any maintenance, technical, or other support for the Service. However if you need any help and support please email info@room3d.com, we will do our best to help you.

ROOM 3D Beta is free to use. Users bear all risks and all costs associated with the use of the Service, including, but not limited to, fees for internet access, costs for data backup, costs for the use of their device and peripherals, and any damage to equipment, software, information or data. Use of mobile applications may make use of applicable third-party mobile and/or data services and thus may use such units allocated to these services and/or result in usage or other charges in connection with such third party services.

You understand that ROOM 3D is in development and that we do not make any guarantees that the Service will be made generally available and make no commitment or guarantee and shall have no obligation relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/inoperation of the Service, including without limitation any integration or other feature of the Service designed to interoperate with any third-party offering (“Integration”).

You acknowledge that we may without any obligation or liability to you, any other User or party, suspend, terminate, limit, discontinue, change or modify in any way (in whole or in part), downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, integration or component thereof or stop providing the Service to you or any other User or party for any or no reason at any time. We reserve the right, but are not obligated, to limit uses of our products or services to any person, and in any geographic area or jurisdiction on a case-by-case basis.

We reserve the right to limit the quantities of any product or service we offer. All product/service descriptions and pricings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product and service at any time. Any offer of service or product made on this site is void where prohibited by law. We will not be liable to you or any third party for any changes, suspension or discontinuance of the Service.

System Requirements: Use of the Services requires compatible devices, internet access (fees may be applicable) and certain software (fees may be applicable) that may affect the performance of the Service. Updates or upgrades may occasionally be required. High-speed internet access is the most recommended. You agree that system requirements, which may change occasionally, shall be your sole responsibility.

Please use the Google Chrome browser with a Windows or OS X operating system, Microsoft Edge, Opera to access ROOM 3D. ROOM 3D does not yet work on all other browsers. Proper functionality currently only works with Edge, Chrome and Opera.

For the use of ROOM 3D, a camera, a microphone and loudspeakers are required.

Access and use

By using the Service, you confirm that you are at least 18 years of age and have reached the age of majority in your country of residence and that you are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that you are under the age of 18 or are otherwise ineligible.

Eligibility

On our Website https://www.room3d.com, you have the option to register for ROOM 3D. Only a limited number of Users can currently register for and get access for free to ROOM 3D as registered beta Users.

You need to have a registered account to host a meeting in ROOM 3D. By signing up for free, you can create meetings in rooms/venues, while users without ROOM 3D accounts can only join meetings to which they've been invited.

For this purpose, certain contact details must be provided. You agree that any such information shall be accurate. Multiple registrations, registration under a false name, using pseudonyms or stage names or using several email addresses is not permitted. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.

After online registration and confirmation of your registration via email, you will also get via email your ROOM 3D beta access activation as well as a link that leads to the page where you can choose a password to get access to and use the Service as a registered beta User.

Registration does not give any entitlement to beta access activation. Nor is the time of registration relevant to access activation. ROOM 3D Beta Access activation is not issued on a first-come, first-served basis but is based on internal system-related criteria and other circumstances as determined by us in our sole discretion. We cannot guarantee that your ROOM 3D Beta access will be activated, nor the time frame this access activation would take place.

By registering for ROOM 3D, you agree to (a) provide only accurate, complete, and up-to-date information and only maintain one ROOM 3D BETA account. b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password d) Bear full responsibility for the activity on your account and the security of your account credentials - this includes taking reasonable measures to protect your account and accept all risks and responsibility associated with any authorised or unauthorised access to your account. e) never use another person's account and (e) immediately notify ROOMco, if you discover or otherwise suspect any unauthorised use of your account.

By registering for ROOM 3D Beta, you acknowledge and agree that your registration, if not previously withdrawn, will remain valid for at least the duration of ROOM 3D beta.You may request that we remove your registration at any time via the registration email or info@room3d.com.

ROOMco reserves the right to suspend or terminate user accounts at any time, in its sole discretion with or without notice and to refuse any and all current or future use of the Service due your violation of the Terms, or if we determine in our sole discretion that suspension or termination is in the best interest for a safe environment for users of the Service

YOU CAN UNSUBSCRIBE FROM ROOM 3D AT ANY TIME BY USING THE UNSUBSCRIBE LINK FOUND IN THE SYSTEM EMAIL.

Free ROOM 3D Account (registration on this website)

You don’t need to be registered for ROOM 3D to join meetings as a Participant/Guest, whereby attendance to a meeting as a Participant is exclusively possible upon invitation via a meeting link (Meeting Link) and under these Terms.

Meeting in ROOM 3D

Each room is currently built for a certain maximum number and cannot be used by more persons at the same time.

Every meeting will have at least one registered Beta User as Host. Registered Beta Users may hold an unlimited number of meetings but cannot hold multiple meetings at the same time.

The Meeting Link for the room is valid for a certain period of time.

When entering a meeting the Users are asked to enter their username.

Meetings are all limited to a certain number of hours and therefore timed. Each meeting shall automatically be terminated three hours after the Host has opened the Session. Once everyone has left the room, the Meeting Link will expire.

Limitations specific to any service may be contained within the Service.

All the Users, registered or not registered, Hosts or Participants are entirely responsible for maintaining the confidentiality and security of their access data (eg. meeting link, username, password) and bear full responsibility for their activity and the security of their credentials. The User access data is not transferable without prior written consent of ROOMco.

Paid ROOM 3D Account

Charges And Cancellation

You agree that ROOMco may charge to your credit card or other payment mechanism selected by you and approved by ROOMco all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with your Account. ROOMco may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that ROOMco will provide you with prior notice and an opportunity to terminate your Account, if ROOMco changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event ROOMco is unable to collect the fees owed to ROOMco for the Services through your Account, ROOMco may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by ROOMco in connection with such collection activity, including collection fees, court costs and attorneys' fees. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current subscription term. If you cancel, you will not receive a refund for any service already paid for.

Termination

The ROOMco website contains information on how to terminate your Account. If you have purchased a Service for a specific term, such termination will be effective as described on the site. Your order form may provide that a renewal term will begin automatically unless either party provides notice of termination at least certain days prior to the commencement of the next renewal term. If you fail to comply with any provision of this Agreement, ROOMco may terminate this Agreement immediately and retain any fees previously paid by you. Upon any termination of this Agreement, you must cease any further use of the Services. If at any time you are not happy with the Services, your sole remedy is to cease using the Services and follow this termination process.

General Availability (Public Launch)

Upon the release of a generally available version of ROOM 3D, your access to and use of the Service will automatically be transferred upon notice of termination by us.

Registered and already activated beta Users shall be automatically transferred to the Public Launch version via agreement and will be bound by the respective general availability Terms. Registered Users who signed up but not yet activated, will be invited to the Public Launch version.

These Terms will not apply to a generally available version of ROOM 3D and products and services. We do not provide ROOM 3D Users with discounts or special conditions on future purchases of any ROOM 3D products or services. If ROOM 3D does not make it to general availability, after suspension or termination of your access to or use of the Service for any reason, you will not have any further right to access or use ROOM 3D or other ROOM 3D Products, and your data may be deleted.

User content and feedback

User Content (“Content”) is all content or information Users make available through the use of the Service (e.g.during a meeting) and any other information made available while using the Service (e.g content such as text, messages, comments, screenshots, pictures, photographs, voice, music, videos, streams) and other materials created and/or shared by Users via ROOM 3D or third-party services.

You retain copyrights and any other rights you already hold for content which you submit, post or display, up/ download on or through the Service, and you are solely responsible for the information and the content provided.
You shall be solely responsible and liable for your use of the Service and the use through Users who access or use the Service upon your invitation, including without limitation any and all content transmitted, streamed, communicated, recorded, received, and/or stored to or through the Service. You agree to ensure that any User upon your invitation will comply with the Terms. We assume no responsibility or liability for violations.
We use User Content solely in connection with providing, operating and enabling the Service to work as intended, as well as testing and improving the Service, and do not monitor, sell or use User Content for any other purposes.
You give ROOMco (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from adaptations or other changes we make so that your Content works better with the Service), communicate, publish, publicly perform, publicly display, and distribute such Content solely for the limited purpose of operating and enabling the Service to work as intended and for no other purposes. You represent and authorise that you have the necessary rights to grant us this licence for any Content that you submit to or through the Service.
You commit to refraining from imitating and duplicating Content; and selling, distributing and making the Content available to third parties.
You acknowledge and agree that other Users (e.g. Host or Participants in a meeting) may export, save, store, record, or copy such Content by or on behalf of you or other Users in different possible ways (including without limitation via third-party integrations or local or external download).
The Service is not intended to, and should not, be used for back-up or long-term storage of data. We shall not be responsible for any such exported content or any loss of such stored content.
In no case shall ROOMco be liable in any way for any Content that is transmitted or viewed while using the Service, errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.
We will maintain reasonable physical and technical safeguards to prevent unauthorised disclosure of or access to Content, in accordance with industry standards and will notify you if we become aware of unauthorised access to Content. We do not control the actions of anyone with whom you or any other Service User may choose to share information. Therefore, we cannot and do not guarantee that any User Content provided to the Service will not be viewed by unauthorised persons.
Feedback: ROOM 3D is made available for purposes of evaluation, improvement and feedback. While we welcome any feedback from you, please note that any ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become our property, without any compensation to you. We may, and you grant us the right to, irrevocably reproduce, distribute, sell, incorporate into the Service, or otherwise exploit any suggestion, enhancement request, recommendation, correction, or other feedback that you provide related to the use of the Service. We will not publish feedback in a way that is attributable to a User without consent. For details see our Privacy Policy.

Not Registered User (“Participant”)

User responsibilities and obligations

Safe, Appropriate And Lawful Use

While you are using our Service, please be aware of your surroundings, and communicate safely.

You agree that your use of the Service is at your own risk, and that you will not use the Service to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. This includes but is not limited to laws or regulations related to recording, intellectual property, privacy, and obtaining all required consent, licences, rights, authorisations, and/or permits. Further, you agree that in conjunction with your use of the Service you will not make available any unlawful, inappropriate, or commercial content and not submit inaccurate, misleading, or inappropriate content, including data submissions, or requests.

You especially agree that you will NOT use, and/or will NOT permit any User to use, the Service to:

attempt to hack or gain unauthorised access to the Service or any network, environment, or system of ROOM 3D or any of the other Users of the Service, or knowingly or negligently use the Service in a way that abuses, interferes with, or disrupts ROOM 3D ’s networks, servers or services.
modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decoding any code in connection with the Service and/or any other aspect (Reverse Engineering).
build or benchmark a competitive product or service, or copy any features, functions or graphics of the Service; or remove, obscure, modify, or alter any branding, logos, and/or legal notices displayed in or in conjunction with the Service.
upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Service in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of the Service or other Users of the Service; and engage in any activity or use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Service, or any servers or networks connected to the Service or the security systems of ROOM 3D .
reproduce, resell, or distribute the Service or any reports or data generated by the Service for any purpose unless you have been specifically permitted to do so under a separate agreement with us. You may not offer or enable any third parties to use the Service, display the Service on any website or otherwise publish the Service or any content obtained from the Service (other than content created by you) or otherwise generate income from the Service or use the Service for the development, production or marketing of a service or product substantially similar to the Service. The use of ROOM 3D by companies competing with ROOMco is prohibited. We reserve the right to immediately block access to ROOM 3D in case we become aware that a User is a competitor.
Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable.
ROOM 3D does not intend to be used as medical or health device, or to provide medical or health advice

If you become aware of any violation of these Terms in connection with use of the Service by any person, please contact us.

Code of Conduct/Community Standards

ROOM 3D is for everyone, regardless of race, gender identity, sexual orientation, ethnicity, nationality, color, immigration status, social and economic class, educational level, political belief, religion, and mental and physical ability or any other attribute that may be used to to label people and/or communities. In order to make and keep ROOM 3D a better place to communicate for everyone, it is important that all our Users respect the rights of others and refrain from misusing the Service.

Accordingly, when using the Service you agree that you (and your invited Users) will follow the rules set forth below.

DO NOT USE THE SERVICE

in any way that could be considered abusive, illegal, indecent, obscene, or immoral, offensive, or threatening in any way;
to harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability;
to encourage anyone to break or violate any regional ordinance or any international, federal, provincial or state law, rule or regulation or policy;
to violate anyone's copyright or other property right;
to interfere with the privacy of any other User;
to collect or track the personal information of others;
to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web;
to submit false or misleading information;
or to interfere with or circumvent security measures of our Service, any other website, or the Internet.

We reserve the right to terminate your use of the Service for violating the prohibited uses.

We do not monitor or review chat, discussions, postings, transmissions, communications on the Service, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any User material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities requesting or directing us to disclose the identity of anyone transmitting such materials.

Business Use

If you are a legal entity or business using ROOM 3D or on whose behalf the Service is being used (Business User), you will hold harmless and indemnify ROOMco and its affiliates from any claim, suit or action arising from or related to the use of the ROOM 3D Service or violation of these Terms, including any liability or expense arising from claims, including losses, damages, suits, judgments, litigation costs and attorneys’ fees. As Business User, you are responsible for the activities of Users who use the Service on your behalf of or as your result and you agree to ensure that any and all such Users will comply with these Terms.

Other than as expressly stated otherwise in these Terms, you acknowledge that it is your sole responsibility to determine that the Service meet your business requirements and, to the fullest extent permissible by law and without limitation, ROOMco gives no warranties that the Service or Outputs will be fit for purpose, of satisfactory quality, uninterrupted or error free.

Right to shut down, deny or limit access, remove content

We reserve the right to suspend or terminate access and use at any time, as well as to remove any User Content which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit Users’ access, in full or in part, to the Service, at our sole discretion.

Breach of any of the provisions of these Terms may result in a permanent ban and/or the initiation of an investigation whereby we may request information from you (such as communication with other Users). We may suspend your access and use during any such investigation, until such information is presented and assessed.

Privacy

Our ROOM 3D Privacy Policy explains the collection, use, transmission and disclosure of personal information provided by or collected from you by access and use of ROOM 3D. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission and disclosure of your personal information or data as described in our Privacy Policy.

You should review our Privacy Policy before using the Service.

Intellectual property

ROOM 3D has been produced by and is the property of ROOM 3D Communications SA,14-16 Avenue Pasteur, L-2310 Luxembourg.

Unless otherwise expressly specified, all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in ROOM 3D , including but not limited to all text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under these Terms. ROOM 3D Software or Content may contain licensed materials and our licensors may act to protect their interests in the event of any breach of these Terms.

We grant you a non-exclusive, personal, revocable, non-transferable licence to use ROOM 3D under these Terms on systems or devices which you own or control. Otherwise, these Terms do not grant you any right to use any branding or logos used in the Service or that otherwise belong to ROOMco.

All third party trade names and trade-marks are the property of their respective owners and we make no warranty or representation in relation thereto.

Disclaimer of warranties and limitation of liability

We do not warrant that the Service provided will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site or the servers that make our services available are or will be free of viruses or other harmful components.To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not represent that the use of the Service will be secure, timely, uninterrupted or error-free, or that the Service will meet user requirements or that all errors in the Service and/or materials will be corrected. A warranty for material defects is excluded. Users have no right to claim for error corrections. Users understand and agree that any material and/or data downloaded or otherwise obtained through the use of any of our service occurs at their sole risk and that they will be solely responsible for any damage to their computer system and/or loss of data that results from the download of such material and/or data.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

To the maximum extent permitted by law, in no event shall ROOMco, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of any our services or products, or for any other claim relating in any way to your use of the Service or any our product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or any other liability which cannot be limited or excluded under the applicable law.

Indemnification

You agree to indemnify, defend and hold harmless ROOMco, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from or in any way related to your breach of these Terms or any document referenced herein, or your violation of any law or the rights of another.

Any further rights, including claims for damages of ROOMco, shall remain unaffected.

Additional terms

International Use

The ROOM 3D Service is intended for use only from within the European Union and the European Economic Area. If you choose to access the Service from outside the European Union and the European Economic Area, you do so on your own initiative and at your own risk and you are responsible for compliance with all relevant laws and regulations.

We do not guarantee that the Service shall be appropriate and/or available for use in any particular location. Any liability on our part for the resulting disadvantages or damage due to lack of availability or discontinuance of the offer shall be excluded.

Governing Law, Jurisdiction, General Provisions

These Terms are governed by and construed according to the laws of the Federal Republic of Germany, without giving effect to any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded. The parties hereby submit to the exclusive jurisdiction of the courts of Federal Republic of Germany in relation to any dispute arising therefrom, including both contractual and non-contractual disputes.The choice of law does not affect the validity of any mandatory consumer protection regulations of the consumer's own country.

There are no additional agreements. If individual provisions of these Terms are invalid, this shall not affect the validity of the remaining provisions.

Modification and update of the terms

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates and changes on this Website. It is your responsibility to visit our site regularly to check for changes.

Last updated: April 5, 2022 12:00 AM

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