Terms and conditions

Introduction

These terms and conditions govern your access to and use of the My 360 Shop website and other applications that link to or reference the website (collectively, this Website). Should you continue to use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the privacy policy (collectively, these Terms), govern our relationship with you in connection with this Website. If you do not agree with any of these terms and conditions, please do not use this Website.

Definitions

  1. ‘My 360 Shop’ and ‘us’ refer to My 360 Shop (ABN 79120583448) whose registered office is in Queensland, Australia.

  2. The term ‘you’ refers to the user of this Website who may fall into any of the following categories:

    1. ‘Seller’ -  a registered user of this Website

    2. ‘Buyer’ - a customer of a Seller

    3. ‘Viewer’ - any other user of this website

  3. ‘This Website’ refers to the website at the URL https://my360shop.com/ and other applications that link to or reference the website.

  4. ‘content’ - any images, photos, videos or text, or compositions consisting of any of these, created by a Seller or us.

Content ownership and responsibilities

  1. We periodically monitor the content created on this Website, but we accept no responsibility or liability for any content created by any user of this Website. As long as the Seller has adhered to all other conditions set forth in these Terms, we will exercise no control over the content provided to you by the Seller. Our provision of content on this Website does not constitute or imply endorsement of such content.

  2. As a Seller creating content, you agree to:

    1. Obey all laws, orders, statutes, rules, ordinances and regulations applicable to you including, but not limited to local, state, federal and international laws.

    2. Respect the privacy of subjects.

    3. Obtain any necessary permissions, licences and permits including, but not limited to model and property releases, paying of tariffs, council fees and admission fees.

    4. Not infringe copyright or other property rights.

    5. Deliver content to a high standard as expected by the Buyer, such as the  inclusion of necessary EXIF data in 360° photos so that they will work in other 360 platforms.

    6. Never deliver content without a Buyer’s prior consent. You agree not to send unsolicited emails or spam.

    7. Resolve any disputes about content, such as the quality of the content, with the Buyer in a professional and timely manner.

    8. Use Buyer contact details only for the purposes of delivering and promoting products and services on this Website. If the Buyer is a citizen of the European Union, you will be compliant with the General Data Protection Regulation (GDPR) e.g., you will obtain consent in a GDPR compliant manner from relevant members before distributing marketing material to them.

    9. Not disclose, sell, forward or share in any way, Buyer contact details with any other party without the Buyer’s prior written consent.

    10. Remove a Buyer from any newsletter or mailing lists and cease all contact with the Buyer immediately upon their request and at no charge.

    11. Permit us to add our logo, brand or other mark to content if you are on particular applicable plans.

    12. Abide by the Legal Agreements set forth by our payment partners such as PayPal. For example, you agree not to produce content that is prohibited under the PayPal Acceptable Use Policy. i.e., anything that may:

      1. violate any law, statute, ordinance or regulation;
      2. relate to:
        1. services that encourage, promote, facilitate or instruct others to engage in illegal activity;
        2. stolen digital and virtual goods;
        3. the promotion of hate, violence, racial intolerance or the financial exploitation of a crime;
        4. items that are considered obscene;
        5. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
        6. certain sexually oriented materials or services.

  3. As a Buyer you agree to:

    1. Contact the Seller directly for any quality and technical issues.

    2. Be added to a contact list which may be accessed by us and the Seller and from which you may be removed at any time upon your request.

  4. All users agree to:

    1. Not create abusive, defamatory or illegal works.

    2. Retain any copyright information such as logos, trademarks, brands or photographer’s name in all uses of the content including derivative works such as tiny planets.

  5. Unless otherwise agreed to in writing between the relevant parties, the copyright of all content created by a Seller, including any derivative works made under licence by other users such as Buyers and Viewers, remains with the Seller.

  6. The Seller grants us free of charge, a perpetual, non-exclusive, royalty-free licence to provide the content for preview, purchase, viewing, editing, downloading and sharing by users of this Website and viewing and sharing by subsequent audiences, such as in social media channels.

  7. The Seller grants the Buyer upon payment of the agreed value, a perpetual, non-exclusive, royalty-free licence to share, edit, download, modify and create derivative works such as tiny planets and to use the content and/or derivative works for personal or commercial purposes, such as promoting the Buyer’s business, with the exception of selling or redistributing the content in any way for financial gain.

  8. Where the Seller has uploaded content to their profile page, public galleries, events or exhibitions, the Seller confirms that they have the permission of the subject(s) for images of said subject(s) to be made public. In providing content to be made publicly available, the Seller grants us, free of charge, the right to use the content for the purpose of promoting the Website. The content may be used in part or whole, as-is or in a modified form. Copyright of public content remains with the Seller.

  9. The licence granted to us may be revoked only by the Seller both removing the content from our Website and informing us in writing of the revocation of the licence. We will withdraw our use of such content in a commercially viable time.

  10. Unless otherwise stated, photos in public galleries, events or exhibitions are for editorial use only and do not come with model or property releases.

  11. This Website contains some material which is owned by us. This material includes, but is not limited to, content, design, layout, appearance, user experience and workflow of this Website. Any reproduction of this Website’s material is prohibited other than in accordance with the Terms herein.

Payments, refunds and taxes

  1. All sales between Sellers and Buyers are final. If you as a Buyer are not happy with the content in the preview, do not buy it. Instead, contact the Seller to rectify your concerns and ask for a new gallery to be sent to you before purchasing it.

  2. All fees collected by us from Sellers are non-refundable. We may, at our sole discretion, provide a refund or credit where circumstances warrant.

  3. With the exception of GST, which is included when the Seller nominates to sell in Australian Dollars to the Australian market by selecting the AUD + GST option under currency, we will not be liable for the collection, distribution or payment of any taxes or other fees in relation to purchases made from the Seller. The Seller agrees to take full responsibility for all taxes and fees of any nature associated with their content.

  4. Unless specified otherwise, prices on this Website are in US Dollars.

Age requirement

  1. If you are a Seller or Buyer, you certify that you are at least 18 years of age.

  2. As a Buyer or Viewer, you agree to only share content or derivative works, with an age-appropriate audience.

Authority to act

  1. In order to become a Seller on My 360 Shop, you must sign up for an account by providing a valid email address. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms.

Limitation of liability

  1. Every effort is made to keep this Website available and functioning as expected. However, we take no responsibility for and will not be liable for, any part of this Website, its functionality or content being unavailable due to any reasons.

  2. You agree that we shall, in no event, be liable for any costs and expenses (including legal costs and expenses on a full indemnity basis) or damages, including but not limited to damages for loss of profits or goodwill, resulting from any party's use or inability to use the Website, even if advised of the possibility of such damages. In any event, direct damages are limited to the amount you have paid us in the 12 months prior to your claim.

  3. We provide no warranties of any kind as to the timeliness, completeness, quality, non-infringement or suitability of the content and materials found or offered on this Website for any particular purpose. You acknowledge that we expressly exclude any liability for such, to the fullest extent permissible by law.

  4. Your use of this Website and any dispute arising out of your use of it is subject to the laws of Queensland, Australia.

Changes to these Terms

  1. We may make small, inconsequential changes to the Terms with or without notice to you.

  2. Notice of a significant change to the Terms will be given by us to your registered account email address.

  3. The new Terms will replace this one, such that the Terms which appear here will always be current.

  4. Your continued use of the service is deemed acceptance of the new Terms.

Breach of Terms

  1. Any reports of breaches of these Terms, including copyright infringement, should be reported to us via our contact form.

  2. If you have breached these Terms in any way, you will be asked to rectify the breach. Failure to do so will result in removal from this Website.