Terms of Service
The following terms and conditions govern all use of the Voyager Art services (the Services).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein (the Agreement). If you create the account to use the Voyager Art application, you must also agree to the Voyager End User Licence Agreement. You agree that we may automatically upgrade the Services, and these terms will apply to any upgrades. Your agreement is with PinPoint Visualisation Limited, a company incorporated and registered in England and Wales with company number 04199761 whose registered office is at Index House, St. George’s Lane, Ascot, Berkshire SL5 7ET United Kingdom (“Voyager”).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.
1. General terms
a) You must be 16 years or older to use the Services.
b) Use of the Voyager Art application and 3D scenes hosting services requires a Voyager Art account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
c) You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
d) One person or legal entity may not use more than one account to circumvent one-month usage limit of the Trial version of the Voyager Art application.
e) The Services allow you to upload your art collection images, place them into a 3D digital space and create a virtual tour. In addition, you can upload an image of any space, display your images within it and generate a jpeg image. You agree not to use the Services for hosting of any other files. The following activity and Content is prohibited:
- Illegal content and conduct.
- Intellectual property infringement.
- Technologically harmful content.
- Content that collects or shares personal information about visitors in ways that violate the General Data Protection Regulation (GDPR).
- Hotlinking - other sites should not use individual files that are part of 3D scenes hosted by us.
- Spam or machine generated content.
f) You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or in any manner that could interfere with any other party's use of the Services.
g) You may not use the Services for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
2. Copyright and content ownership
a) We claim no intellectual property rights over the Content you provide to the Service, it remains yours.
b) You are entirely responsible for the Content uploaded to your account, and any harm resulting from that Content or your conduct. By using the Services, you represent and warrant that your Content and conduct do not violate these terms.
c) Voyager does not publicly share your uploaded Content without your explicit consent.
d) If you delete the Content, Voyager will use reasonable efforts to make it inaccessible through the Voyager Art website, but you acknowledge that cached Content or references to the Content may not be made immediately unavailable.
e) Without limiting any of those representations or warranties, Voyager has the right (though not the obligation) to, in Voyager's sole discretion, refuse or remove any Content that, in Voyager's reasonable opinion, violates any Voyager policy or is in any way harmful or objectionable.
f) You shall defend Voyager against any claim, demand, suit or proceeding made or brought against Voyager by a third-party alleging that your Content, or your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Voyager for any damages finally awarded against, and for reasonable attorney's fees incurred by, Voyager in connection with any such claim, demand, suit or proceeding; provided, that Voyager (a)promptly gives you written notice of the claim, demand, suit or proceeding; (b)gives you sole control of the defence and settlement of the claim, demand, suitor proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Voyager of all liability); and (c) provides to you all reasonable assistance, at your expense.
3. Hosting services
a) Commercial Voyager application licence paid monthly or annual allows the Licensee to use hosting services operated by Voyager for as long as the licence is in force.
b) The users of the time-limited trial version of the Voyager application can use hosting services for the duration of the trial. The trial application and accompanying hosting services are provided for evaluation purposes only. If you do not upgrade from the trial to the commercial version of the application, we reserve the right to remove art projects and Staged room scenes created and uploaded during your trial period. We display text and links in 3D scenes created with the trial version of the application attributing Voyager. Such attributions cannot be removed during the trial period.
4. Payments for the application licence and hosting
a) By subscribing to one of the monthly or annual plans, you agree to pay Voyager through the subscription fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of the software and services for a monthly or yearly subscription period as indicated.
b) For any upgrade in plan level while on a monthly or yearly billing cycle with the 'auto-renew' option active, you will be immediately charged to cover the difference in price between your current subscription plan and the plan to which you upgrade.
c) For any downgrade in plan level while on a monthly or yearly billing cycle with the 'auto-renew' option active, you will be charged the new rate on your next billing cycle.
d) For any upgrade or downgrade in plan level while on a yearly billing cycle with the 'auto-renew' option inactive, you will be immediately charged the full yearly price of the new plan, without a refund for unused period of your current plan.
e) There will be no refunds or credits for partial months of service or refunds for months unused with an open account.
f) Unless you notify Voyager before the end of the applicable subscription period that you want to cancel the subscription, or unless you subscribe to a yearly subscription plan without selecting the 'auto-renew' option, your subscription will automatically renew and you authorise Voyager to collect the then-applicable monthly or yearly subscription fee (as well as any taxes) using any credit card or other payment mechanism Voyager has on record for you. Subscriptions can be cancelled at any time by clicking on the 'Licence' tab in the global navigation bar of voyager.art.
5. Responsibility of visitors
a) Voyager has not reviewed, and cannot review, all of the material posted to the Services or shared as audio-video or screen share streams, and cannot therefore be responsible for that material's content, use or effects. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Voyager disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
b) Voyager reserves the right to temporarily or permanently deny access to visitors that access the Services in any manner that could damage, disable, overburden, or impair the Services.
6. Intellectual property
This Agreement does not transfer from Voyager to you any Voyager or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Voyager.
We are constantly updating the Services, and that means sometimes we have to change the legal terms under which the Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect or by posting a notice on our site. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
8. Cancellation and termination
a) You are solely responsible for properly cancelling your account. You can cancel your account at any time by clicking on the 'Settings' tab in the global navigation bar of voyager.art.
b) If you violate this Agreement or Voyager End User Licensee Agreement, Voyager may terminate your access to all or any part of the Services at any time, effective immediately.
c) All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Limitation of liability
In no event will Voyager, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the greater of: (a) any fees paid by you to Voyager under this agreement during the twelve (12) month period prior to the cause of action (b) one hundred pounds (£100 GBP). Voyager shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Your use of the Services is at your sole risk. The Services are provided without any warranty and on an “as is” and "as available" basis. To the maximum extent permitted by law Voyager hereby disclaims any warranty, express or implied, including, without limitation, the warranty of merchantability, fitness for a particular purpose and non-infringement. Voyager does not warrant that the Services will be error free, secure or that access thereto will be continuous or uninterrupted.
11. Legal fees
If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable legal fees, costs and expenses in addition to any other relief to which it may be entitled.
The invalidity or unenforceability of any provision or provisions of this Agreement shall not affect the validity or enforceability of any other provision hereof, which shall remain in full force and effect.
13. Applicable Law
This Agreement will be governed by the laws of England and Wales.