Uther Interiors License and Build Agreement (Ver 1.0)
This Agreement is between you (Property Owner or Property Marketer) and Utherverse
Interiors Inc., a British Columbia, Canada corporation (or Uther Interiors or Us).
It applies to any Property Owner (including those who rent or lease their residences)
and Property Marketers (Companies or Organizations who wish to list Properties
they are authorized to represent). Property listings commence by submitting photos
and/or videos to Us. We then create a 3D version of a property. A property in this
Agreement (“Property”) shall include private residences, commercial and institutional
buildings - all of which are intended to be made available to be experienced by
Members of virtual worlds on the Utherverse network of inter-connected worlds (the
Virtual World Web or VWW), which in this Agreement is called the “Service”.
ACCESS and PUBLICATION
- If you are a Property Marketer (such as a Real Estate company, Property Leasing
Agent etc.) you can apply to have a Virtual World created for your company, that
will provide a branded location for all of your clients’ properties to be accessible.
Users with a 3D browser will then be able to access the properties in your Virtual
World on the Service.
- If you are a property owner and want to create a 3D version of your Property,
you will be able to access your Property in one of the following ways:
- You can find a Property Marketer that has established a Virtual World on the Service
- You can sign up as a VIP member of the Service to use your 3D Property as a “Zaby”
(personal space) within a Virtual World of your choice. Zaby owners can restrict
access to their Property to those whom they wish to grant entry;
- You can create your own Virtual World by going to
You can include a number of virtual properties in your World operating on the Service.
VWW worlds are free to build, but cannot be accessed by more than one person unless
you subscribe to population packages.
- You can locate your Property within a VWW owned by a third party, by agreement.
Access to your Property will be governed by the arrangements and rules made by
the World Master in that world.
- We grant you a license to publish properties on the Service but this does not
create any obligation for us to continue providing service to you, should we choose
to discontinue the Service for any reason.
- You grant us a non-exclusive, unlimited, worldwide right to use the photos and/or
videos to create the 3D version of a Property related to those materials.
- If you are a Property Marketer you represent and warrant that you have acquired
the rights from each of your clients to sub-license the non-exclusive, unlimited,
worldwide rights to use their photos and/or videos to create the 3D version of
- You grant us the rights to use aggregate information about visitors to your Property,
or your client’s Properties and to use such statistics and to display the site
for: public listings, confidential business development or financing, as well as
in press releases, advertising and promotional materials, provided we do not identify
the Property owner.
- Opportunities may arise to grant other people the right to use properties for
entertainment productions (live theatre sets, movies) or as model homes for third
parties, including Zaby owners. We may contact you with such proposals to offer
you the chance to make money from these opportunities.
- All of the rights in this section are non-exclusive. We can create or may permit
the creation of properties and Worlds that have similar features and services to,
or otherwise compete with, your World and properties.
- We are not responsible for any damages of any nature arising from publishing the
3D images of a Property on the Service. Publishing a 3D visual representation of
a property is completely at the owner’s risk.
- You acknowledge that network security systems can be defeated and any measures
we may provide to restrict access to your Property may be subject to system error,
or hacking. We are not liable for any unauthorized entry to a virtual Property
or any damages that might result;
- We reserve the right to enforce local laws including removal of unauthorized content
from a Property that violates intellectual property laws in Canada.
you supply to us to administer Services to you or your clients.
CANCELATION AND REFUND POLICY
- Either of us may cancel this Agreement at any time and for any reason by providing
notice to the other in writing. Submitting your materials to us triggers a final
binding agreement between us as the 3D rendering of the Property related to those
materials will usually occur within the first 24 hours after your submission. As
such the fees paid for creating a 3D Property for the Service are not refundable.
- However you may choose to remove the Property from the Service, or choose not
to publish the Property on the Service at any time during the Term of this Agreement
by providing us with written Notice. If we choose not to publish your Property
for any reason, we will notify you in writing and refund your full fees.
- If you fail to pay the monthly license fee for publishing a Property on the Service
(where applicable), we will provide you with ten (10) days Notice to bring your
account current, and if the fees are not paid we will suspend publication. If you
still have not brought the account current at the next billing date, we will permanently
remove the Property or Properties from the Service
- Fees quoted for creation of your Property include one version, and one revision
only. Fees for Property Marketers also include three months free listing on the
Service. Fees for publishing and access for individual Property owners vary widely.
- i)Should you choose to have more detailing of features in your Property or upgrades
to the standard feature set, (and if we can accommodate these changes and agree
to do so), then you will be billed for the work at our hourly professional services
rates which are $50 per hour with a daily (8 hour) maximum of $300.
- The Property is provided to You on an “as is” basis with no warranty about functionality,
quality or fitness for a particular purpose as the software is in Beta form and
is therefore subject to bugs or glitches that may take time to correct.
- Nothing in this Agreement shall be interpreted to create a partnership, joint
venture, or principal-agent relationship between us.
- This Agreement is the entire agreement between us and replaces all other written
or verbal agreements of every kind that may have existed between us. No waiver
by a party of any right under this Agreement shall be continuous. If anything in
this Agreement is found by a court to be invalid, the remaining provisions shall
remain valid and in full force and effect.
- This Agreement and any dispute arising from this Agreement shall be governed by
the laws of and brought before the courts of British Columbia, Canada.