Terms of Use

These terms of use (the “Terms of Use”) describe the terms and conditions under which users (“Users” or “you”) can use the Website (as defined below), apps, other products or courses of Yondr (the “Services”) and/or the Yondr Content (as defined below).

The https://vrtl.academy/ website (the “Website”) is operated and managed by Yondr Digital, a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid or bvba) registered with the Crossroads Bank of Enterprises under company number 0844.533.567 and having its registered office at Grote Markt 19, box 102, B-9120 Beveren (LER Ghent, section Dendermonde) or by any of its affiliates (jointly “Yondr” or “we”). If you have any questions about the Website or these Terms of Use, please contact us at [email protected].  

1. Description of the Website

1.1 The Website aims to provide a package of online virtual reality storytelling in-depth courses and modules consisting of various videos and tutorials and led by accomplished individuals in the virtual reality world (the “Yondr Content”). Furthermore, the use and subscription to the Website will provide you with access to an encouraging online community to support your development as a virtual reality storyteller. You can subscribe to online courses through the Website and create and share certain content such as suggestions, ideas, comments, and other feedback (the “User Content”).

1.2. All User Content is automatically transferred to Yondr via the Website and/or Services. Please note that this automatic transfer is only possible if you subscribe to the Website with your Account.

2. Applicability

2.1 By clicking the “I agree” button, you acknowledge and agree that your use of the Website, Services and/or Yondr Content is exclusively governed by these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not use the Website, Services and/or Yondr Content in any manner, even if you already have an Account (as defined below).

2.2 In the event the Website uses services of third parties, the terms of service and/or privacy policies of those third parties may apply. You shall be notified if and when such third party terms of services and/or privacy policies are applicable. By accessing such third party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Yondr cannot be held liable in any way with regard to the content of such third parties’ terms or privacy policy.

2.3 We reserve the right at any time, and from time to time, with or without cause to:

• amend these Terms of Use;
• change the Website, including eliminating or discontinuing, temporarily or permanently any Service or other feature of the Website without any liability against the User or any third parties; or
• deny or terminate, in part, temporarily or permanently, your use of and/or access to the Website and /or Services as set forth herein.

Any such amendments or changes made will be effective immediately upon us making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website and/or Services after such changes constitutes your acceptance of such changes. Accordingly, you should read these Terms of Use from time to time for any changes.

3. Use of the Website, Services and/or Yondr Content

3.1 To use the Website, the Services and/or the Yondr Content, your (mobile) device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your (mobile) device meets the minimum system requirements as set out on the download page of the relevant app store. If your mobile device does not meet these minimum system requirements, we cannot ensure that the Website and/or Services will function properly. Yondr will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.2 If you register with the Website and in order to be granted access to certain Yondr Content, you agree to provide accurate and complete information when creating and updating your account (the “Account”). You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify Yondr of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Yondr will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.3 Yondr may, in its sole discretion, provide you with certain updates of the Website, the Services and/or the Yondr Content. For the avoidance of doubt, Yondr is not obligated to provide any updates of the Website, Services and/or Yondr Content.

3.4. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of any features of the Website, the Services and/or Yondr Content does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. Yondr, the course instructors, and the associated participating institutions have no obligation to have a Service recognized by any educational institution or accreditation organization.

4. License – restrictions

4.1 License by Yondr. Subject to the successful receipt by Yondr of your payment of the Fees, Yondr grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Website, Services and Yondr Content in accordance with these Terms of Use (including the course-specific eligibility requirements and other terms) (the “License”). You may only make personal and non-commercial use of the Website and/or Services, unless you obtain Yondr’s prior written approval to otherwise use such downloaded content. You may consult, use, and follow the content of the Services paid but only for a maximum of three (3) times. You agree that you will use only one user account, and you will not share with any third-party access to or access information for your Account. Further, you are not allowed to use the Website, Services or the Yondr Content in a manner not authorized by Yondr. You shall use the Website, the Services and the Yondr Content solely in full compliance with (i) these Terms of Use (including the course-specific eligibility requirements and other terms); (ii) any additional instructions or policies issued by Yondr, including, but not limited to, those posted within the Website and/or Services and (iii) any applicable legislation, rules or regulations.

4.2 Restrictions. You agree to use the Website, Services and the Yondr Content only for its intended use as set forth in these Terms of Use (including the course-specific eligibility requirements and other terms). Within the limits of the applicable law, you are not permitted to (i) retransmit, publish, distribute, publish, distribute, display or otherwise make the Website, the Services and/or the Yondr Content available or to sell or rent the Website, the Services and/or the Yondr Content to any third parties; (ii) adapt, alter, translate or modify in any manner the Website, the Services and/or the Yondr Content; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Website, Services and/or the Yondr Content to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Website, the Services and/or the Yondr Content, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the Website, the Services and/or the Yondr Content except as expressly allowed under this section 4; (vi) gain unauthorized access to accounts of other users or use the Website, the Services and/or the Yondr Content to conduct or promote any illegal activities; (vi) use the Website, the Services and/or the Yondr Content to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the Website, the Services and/or the Yondr Content (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Website, the Services and/or the Yondr Content; (x) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Website, the Services and/or the Yondr Content for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (x) remove or in any manner circumvent any technical or other protective measures in the Website, the Services and/or the Yondr Content.

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Website, the Services and/or the Yondr Content, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Website, the Services and/or the Yondr Content.

4.3 License by User. To the extent you upload, create or otherwise provide us with User Content, you grant Yondr a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content to the extent necessary or useful to provide and maintain the Website and/or Services. Yondr reserves the right, but is not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation. Yondr also reserves the right to authorize, to the extent applicable, participating institutions, to use the User Content with their registered students and on-campus learners independently from the Services.

4.4 All rights, titles and interests in and to the Website and/or Services or any part thereof not expressly granted to the User in this agreement are reserved by Yondr and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the Website and/or Services, including any right to obtain possession of any source code, data or other technical material related to the Website and/or Services.

4.5 You agree not to submit or post any content, or engage in any other activity in connection with the Website, that (i) infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity, (ii) violates any law or regulation, (iii) is intentionally false or misleading, (iv) defames, threatens, or harasses anyone, (v) is harmful, dangerous, abusive, or offensive, (vi) is obscene or contains pornography, (vii) contains or utilizes any computer virus, malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information, (viii) contains or consists of advertising of any form of commercial solicitation or activity, or (ix) otherwise interferes with the functioning of the Website or other users’ use or enjoyment of the Website. Although Yondr will have no obligation to monitor or take action with respect to User Content, it reserves the right to remove User Content that it believes violates the above standards, or any other provision of these Terms of Use, and to terminate the applicable Account and the right to use the Website, in addition to any other rights or remedies available to Yondr. Yondr does not approve or endorse any User Content, and you agree that Yondr will have no responsibility or liability in connection with your use of any User Content.

5. Suspension for breach

If Yondr becomes aware or suspects, in its sole discretion, any violation by you of these Terms of Use (including course-specific eligibility requirements), or any other instructions, guidelines or policies issued by Yondr, then Yondr may suspend or limit your access to the Website, the Services, and/or the Yondr Content. The duration of any suspension by Yondr will be until you have cured the breach which caused such suspension or limitation.

6. Support

In case you need technical support, you can contact us at [email protected].  

7. Payment

In consideration for the License, you are responsible that the Fees and applicable taxes shall be paid in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails and you have already been granted access to the Services and/or Yondr Content, we may collect the Fees using other collection mechanisms. Fees may vary based on your location and other factors, and Yondr reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.

8. Liability

8.1 To the maximum extent permitted under applicable law, Yondr shall only be liable for personal injury or any damages resulting from (i) its gross negligence; (ii) its willful misconduct or (iii) any fraud committed by Yondr.

8.2 To the extent legally permitted under applicable law, Yondr shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the Website and/or Services under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the Website and/or Services, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Yondr has been notified of the likelihood of such damages.

8.3 For the avoidance of doubt, Yondr shall not be liable for any claims resulting from (i) your unauthorized use of the Website and/or Services, (ii) your or any third party’s modification of (any parts) of the Website and/or Services, (iii) your failure to use the most recent version of the Website and/or Services made available to you or your failure to integrate or install any corrections to the Website and/or Services issued by Yondr, or (iv) your use of the Website and/or Services in combination with any non-Yondr products or services, or (v) User Content. The exclusions and limitations of liability under this section shall operate to the benefit of any of Yondr’s affiliates and subcontractors under these Terms of Use to the same extent such provisions operate to the benefit of Yondr.

8.4 If, notwithstanding the other provisions of these Terms of Use, Yondr and/or its collaborators, licensors, content providers and distributors are found liable to you (in contract, tort or otherwise) for any damage or loss relating to the Website or the Yondr Content, the liability of Yondr and the liability of its collaborators, licensors, content providers and distributors shall in no event exceed EUR 50 in aggregate, even if the Website or Yondr Content is defective, Yondr is negligent or otherwise at fault. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

9. Warranties and disclaimers

9.1 By Yondr. Except as expressly provided in this section 9 and to the maximum extent permitted by applicable law, the Website and/or Services is provided “AS IS,” and Yondr and its collaborators, licensors, content providers and distributors disclaim all warranties of any kind (express, implied or otherwise) regarding the Website or the Yondr Content including but not limited to any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Website and/or Services or any other products or services provided to the User by Yondr. Yondr and its collaborators, licensors, content providers and distributors make not warranty, about the accuracy, reliability, completeness, timeliness, sufficiency or quality of the Website or the Yondr Content, nor that any particular content will continue to be made available. Yondr does not approve or endorse any User Content or content provided by others. Yondr and and its collaborators, licensors, content providers and distributors do not warrant that all errors can be corrected, or that access to or operation of the Website and/or Services shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that Yondr is not responsible and cannot be held liable for any losses of your data including but not limited to the User Content.

9.2 By User. By creating your Account and subsequently using certain features of the Website and/or Services, you represent and warrant to Yondr that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Yondr’s system or data; or (v) otherwise violate the rights of a third party. You acknowledge and agree that Yondr is not obligated to back up any User Content. You agree that any use of the Website and/or Services contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Website and/or Services for which Yondr cannot be held liable.

10. Indemnification

10.1 You hereby agree to indemnify and hold harmless Yondr and its current and future affiliates, officers, directors, employees, agents and representatives from each and every demand, claim, loss, liability, or damage of any kind whatsoever, including reasonable attorney’s fees, whether in tort or in contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to (i) any breach or violation by you of any provisions of these Terms of Use or any other instructions or policies issued by Yondr; (ii) any User Content violating any Intellectual Property Rights of a third party, (iii) fraud, intentional misconduct, or gross negligence committed by you, and (iv) your use of the Website and/or Yondr Content.

11. Privacy statement

Yondr recognizes and understands the importance of your privacy and compliance with the Privacy Legislation and wants to respect your desire to store and access personal information in a private and secure environment. Please note that Yondr has to be considered as the “Data Controller” for the processing of any Personal Data via the Website and/or Services or any part thereof. Please note that Yondr takes appropriate technical and organizational measures against any unauthorized or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorized access thereto. With respect to the collection or processing of Personal Data, reference is made to our privacy policy, which may be consulted via the following link [LINK PRIVACY POLICY] (the “Privacy Policy”).

12. Termination of our Service

12.2 Termination for breach. Yondr may terminate with immediate effect these Terms of Use and your right to access and use of the Website, Yondr Content and/or Services (i) if Yondr believes or has reasonable grounds to suspect that you are violating these Terms of Use (including but not limited to any violation of the Intellectual Property Rights of Yondr, course-specific eligibility requirements and other terms) or any other guidelines or policies issued by Yondr, (ii) you refrain from using the Website, the Services and/or the Yondr Content for a period as Yondr deems appropriate to justify the termination of your access and use of the Website and/or Services., (iii) fail to comply with the requests of Yondr concerning your Account, or (iv) if Yondr believes or has reasonable grounds to suspect that you are committing fraud by means of misusing VPN connections or allocating any other means in order to obtain more favourable Fees rates that the Fee rates payable by other Users. 

12.3 Effects of termination. Upon the termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the Website, the Services and/or the Yondr Content; (ii) Yondr shall sanitize and destroy the Personal Data related to your Account, including but not limited to the User Content which includes Personal Data on the Website and/or Services, within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by Yondr beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations, (iii) all rights and obligations of Yondr or User under these Terms of Use shall terminate, except those rights and obligations under those sections specifically designated in section 13.7., and (iv) in the event of article 12.2 (v) Yondr shall be entitled to claim a lump sum indemnity of [five hundred] euros (€ [500]) without prejudice to Yondr’s right to claim additional damages of it can establish having incurred a loss in excess of the aforementioned lump sum amount.

13. Miscellaneous

13.1 Force Majeure. Yondr shall not be liable for any failure or delay in the performance of its obligations with regard to the Website and/or Services if such delay or failure is due to causes beyond our control due including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to Yondr’s information technology systems by third parties or any other cause beyond the reasonable control of Yondr (the “Force Majeure Event”). We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under these Terms of Use and how we plan to mitigate the effect of such Force Majeure Event.

13.2. Modification, suspension or deletion. Yondr shall not be liable for any modification, suspension or deletion of the Website, Yondr Content and/or Services if such modification, suspension or deletion results from laws or regulations or is in Yondr’s reasonable opinion necessary in order to avoid a third-party infringement or alleged infringement claim.

13.3 Severability. If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13.4 Waiver. Any failure to enforce any provision of the Terms of Use shall not constitute a waiver thereof or of any other provision.

13.5 Assignment. You may not assign or transfer these Terms of Use or any rights or obligations to any third party. Yondr shall be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.

13.6 Notices. All notices from Yondr intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this email address, you must update your email address on your personal settings page.

13.7 Survival. Sections 5, 9, 10, 11 shall survive any termination or expiration of these Terms of Use.

13.8 Governing law and jurisdiction. These Terms of Use shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. The courts and tribunals of Ghent, section Dendermonde shall have sole jurisdiction should any dispute arise relating to these Terms of Use.

14. Definitions

“Account” means your account enabling you to make use of the Website and/or Services which shall be provided to you by Yondr;

“Data Controller” means the physical or legal person, which, alone or jointly with others, determines the purposes and means of the processing of Personal Data;

“User Content” means all feedback, data, answers, and any other content provided by the User via the Website and/or Services;

“Fee(s)” means the fees to be paid by the User to Yondr for the use of the Website, Yondr Content and/or Services as set out in the terms and conditions of Yondr;

“Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;

“Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Privacy Legislation” shall mean the European Regulation 2016/679 on the protection of personal data, together with the codes of practice, codes of conduct, regulatory guidance and standard clauses and other related legislation resulting from such Regulation, as amended or supplemented from time to time.

Last revision: February 26, 2019.