GetYourView.com LLC Virtual Tours provides this Web site and the services offered on it (collectively, the “Services”) under
the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand and acknowledge
that the Services are provided to you exclusively under these Terms. By accessing and using the Services, you agree that you
have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. As used on
this Web site, the terms “we”, “us”, or “our” refer to GetYourView.com LLC.
MODIFICATIONS TO THE TERMS
GetYourView.com LLC may change the terms from time to time. We will notify you of any substantial changes via e-mail and by posting and updated copy of the Terms of Service changes on the getyourview.com website. If you object to any such changes, your sole recourse shall be to cease using the services. Continued use of the services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. We want to keep you happy, so don’t worry too much about this.
MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue (temporarily or permanently) the services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the services. If you object to any such changes, your sole recourse shall be to cease using the services. Continued use of the services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the services as so modified. Again, we want to keep you happy, so don’t worry too much about this.
THIRD PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of content supplied by third parties and users of the services. Accordingly, we have no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the services, are those of the respective author(s) or distributor(s) of that information and not of GetYourView.com LLC. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, map, or statement made on the getyourview.com website. We neither endorse nor are responsible for utilizing the services of anyone other than authorized GetYourView.com LLC spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the content on the GetYourView.com LLC website and provided through use of the services and your account to determine compliance with these terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor content for accuracy or reliability, but that we and our designees shall have the right, but not the obligation, in our sole discretion to remove any content from the services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any content that violates the terms that we believe may create liability for us or that we deem otherwise objectionable.
DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from, partners, advertisers or sponsors found on or through the services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). You agree that GetYourView.com LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such partners, advertisers or sponsors on or through the services.
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s website administrator or webmaster. GetYourView.com LLC shall not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.
We do not condone or permit spam. We prohibit you from using the services to promote your own website or any business, product or service through the sending of unsolicited commercial email. We reserve the right to investigate and terminate your rights under this agreement with any violation of our no-spam policy.
NO WARRANTIES / NO GUARANTEES
GetYourView.com LLC LLC makes no representations or warranties, and specifically disclaim all warranties with respect to any goods or services provided under this agreement, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, noninfringement, and implied warranties resulting from the course of dealing or performance. Without limiting the generality of the foregoing, GetYourView.com LLC LLC specifically disclaims any warranty regarding any benefit companies or sales agents may obtain from the products or services hereunder. QuickTime VR technology, though amazing, is not an exact science and is subject to standard photography "rules". Weather, time of day, architectural design, shadowing and environmental lighting all play a part in how photographic images will appear. Though we make every attempt to provide the best images possible, we cannot guarantee a "flawless" QuickTime VR image without an increase in time and cost which exceeds the price points of our intended customers. GetYourView.com LLC’s objective is to provide our clients with a quality, processed product in a short timeframe. It is our intent to have "web ready" results within 72 hours after the photographic service, but due to circumstances beyond our control, we can make no guarantees. All prices and services are subject to change without notice.
LIMITATIONS OF LIABILITY
In no event shall GetYourView.com LLC LLC be liable to any party for any indirect, special, incidental, punitive or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not that party has been advised of the possibility of such damage. GetYourView.com LLC LLC's aggregate liability arising under, with respect to or in connection with this agreement shall not exceed the total monies paid by company to GetYourView.com LLC LLC under this agreement during the twelve (12) month period immediately preceding the date on which such liability arises. Company assumes complete responsibility for all QTVR images and GetYourView.com LLC LLC holds no liability for improper use or wrongful acts resulting from public advertisement of such images used in any format including placement on the internet. It is the responsibility of the company to explain this information to any party participating with the distribution, posting, on the internet, or viewing of the image prior to the photographic service.
VIRTUAL TOUR TECHNOLOGY
All virtual tour technology, whether or not produced for sales agents and whether or not posted to or linked to the company site, is, and at all times will remain, the exclusive property of GetYourView.com LLC, and no provision of this agreement implies any transfer to company of any ownership interest in any virtual tour technology. Company will not reproduce, distribute, modify or prepare derivative works of the virtual tour or photography technology or without the prior written approval of GetYourView.com LLC.
For the purposes of this agreement, "confidential information" means information about GetYourView.com LLC's (or its affiliates' or suppliers') business or activities that is proprietary and confidential, which shall include (i) all business, financial, technical and other information of a party which is either marked or designated by such party as "confidential" or "proprietary" or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential; (ii) the terms of and performance under these terms; (iii) the virtual tour technology. Confidential information shall not include information that (i) is in or enters the public domain without breach of these terms. Company agrees (i) that it and its employees shall not (a) disclose to, and shall prevent disclosure to, any third party or (b) use any confidential information disclosed to it by GetYourView.com LLC except as expressly permitted in this agreement and (ii) that it shall take all reasonable measures to maintain the confidentiality of all confidential information of GetYourView.com LLC in its possession or control, which shall in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance. Notwithstanding the foregoing, company may disclose confidential information (i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, provided, however, that company shall use commercially reasonable efforts to minimize such disclosure and shall provide written notice of such disclosure to GetYourView.com LLC and consult with and assist GetYourView.com LLC in obtaining a protective order prior to such disclosure or (ii) on a "need-to-know" basis under an obligation of confidentiality to its legal counsel, accountants, banks and other financing sources and their advisors.
Customer shall indemnify, defend, and hold harmless GetYourView.com LLC and its respective suppliers, licensors and affiliates and the respective directors, consultants, officers, employees and agents of the foregoing with respect to any and all claims, suits, liability, demands, damages, costs and expenses, (including, but not limited to reasonable attorneys' fees and litigation expenses), arising out of or as a result of (1) company's breach of the representations, warranties, obligations, covenants or agreements herein, or (2) company's or any sales agent's use of any product and/or service provided hereunder.
USE AND STORAGE
You acknowledge and agree that we may establish general practices and limits concerning use of the services, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the services and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.
DISCLAIMER OF WARRANTIES
You expressly agree that use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the services. We make no warranty that (a) the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; (b) the results that may be obtained from the use of the services will be accurate or reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the services will meet your expectations; (d) defects in the services will be corrected; or (e) GetYourView.com website or the server that makes it available is free of viruses or other harmful components. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system(s) or for loss of data that results from the download of such material and/or information. We do not control in any respect any information, products or services offered by third parties, and we make no warranty regarding any goods or services purchased or obtained through the services or any transactions entered into through or as the result of the services. No advice or information, whether oral or written, obtained by you from GetYourView.com LLC or through or from the services shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will owners or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to:
- the use or the inability to use the Services;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
- any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services;
- termination of your access to or use of the Services as provided herein;
- the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
- any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
- use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and
- any other matter relating to the Services or these Terms.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless GetYourView.com LLC, its subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or content (as defined below) that you (or anyone using your account) submits, posts or transmits through the services, (2) your (or anyone using your account’s) use of the services, (3) your (or anyone using your account’s) violation of these terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the website or other services.
Certain of the names, logos, and other materials displayed on the GetYourView.com or any of its partners’ websites and in and through the services system constitute trademarks, trade names, service marks or logos (“marks”) of GetYourView.com LLC or other entities. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with us or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE
The content of the services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the services or information presented through the services by GetYourView.com LLC or its licensors (the “content”), is copyrighted by GetYourView.com LLC and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by GetYourView.com LLC or its licensors. The content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of GetYourView.com LLC and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any content.
You hereby grant to GetYourView.com LLC and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicensable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the content you provide to us to be published on the GetYourView.com LLC website or on or through the services or otherwise through the services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.
Please report any violations of the Terms to us at getyourview.com.