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Use
of this website or any web sites which are generated using or containing
Virtual Tour Hosting content (“the Web Sites”), and information
distributed in conjunction with the Web Sites, is offered to you on your
acceptance of these Terms of Use, the Privacy Policy and other notices
posted on this website. Your use of the Web Sites or of any content presented
in any and all areas of the Web Sites indicates your acknowledgment and
agreement to these Terms of Use and other notices posted on the Web Sites.
If you do not agree to be bound by and comply with all of the foregoing,
you may not access or use our services, or the Web Sites. We suggest that
you print a copy of each of these documents for your records.
Virtual
Tour Hosting shall have the right, at its sole discretion, to modify,
add or remove any terms or conditions of these Terms of Use without
notice or liability to you. Any changes to these Terms of Use shall
be effective immediately following the posting of such changes on the
Web Sites. The most recent version of these Terms of Use may always
be found at: http://www.virtualtourhosting.net/termsofuse.htm
You
agree to review these Terms of Use from time to time and agree that
any subsequent use by you of this website following changes to these
Terms of Use shall constitute your acceptance of all such changes. These
Terms of Use were last modified on November 1, 2004.
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You
acknowledge that you are solely responsible for the use to which you put
the Web Sites and all the results and information you obtain from them
and that all warranties, conditions, undertakings, representations and
terms whether expressed or implied, statutory or otherwise are hereby
excluded to the fullest extent permitted by law.
Save in
respect of liability for death or personal injury arising out of negligence
or for fraudulent misrepresentation, we and all contributors to the
Web Sites hereby disclaim to the fullest extent permitted by law all
liability for any loss or damage including any consequential or indirect
loss or damage incurred by you, whether arising in tort, contract or
otherwise, and arising out of or in relation to or in connection with
your access to or use of or inability to use the Web Sites.
The performance
of the Web Sites and all information contained on, downloaded or accessed
from the Web Sites are provided to you on an "as is" basis,
without warranties of any kind whatsoever, including any implied warranties
or warranties of merchantability, fitness for a particular purpose or
non-infringement of the rights of third parties.
Virtual Tour Hosting shall not be responsible for any problems or technical malfunction
of any telephone network or lines, computer on-line systems, servers,
Internet access providers, computer equipment, software, or any combination
thereof including any injury or damage to your or any other person's
computer as a result of using this website or the Web Sites.
Virtual
Tour Hosting reserves the right, at its sole discretion, to modify,
disable access to or discontinue, temporarily or permanently, any part
or all of this website or the Web Sites or any information contained
thereon without liability or notice to you.
As a visitor
to the Web Sites, you acknowledge and agree that any reliance on or
use by you of any information available on the Web Sites shall be entirely
at your own risk. In no event shall Virtual Tour Hosting nor any of
its data providers be liable for any direct, indirect, consequential
or exemplary damages arising from the use or the performance of the
Web Sites, even if Virtual Tour Hosting or such provider has been advised
of the possibility of such damages.
By using
the Web Sites, you acknowledge that Virtual Tour Hosting is not a real
estate broker, mortgage broker or mortgage lender, and it does not aid
or assist borrowers in obtaining, solicit borrowers or lenders for,
negotiate or make loans secured by liens on real property.
Furthermore,
Virtual Tour Hosting cannot guarantee the accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of the information contained in
the Web Sites. You are responsible for confirming the sufficiency and
reliability of any such information.
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All
information collected during your visit is used only for marketing purposes
in aggregate form. We do not sell, lease or rent personal information.
For more information please read our complete Privacy
Policy. |
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The
transmission of data or information (including communications by e-mail)
over the Internet or other publicly accessible networks is not secure,
and is subject to possible loss, interception or alteration while in transit.
Accordingly, we do not assume any liability for any damage you may experience
or costs you may incur as a result of any transmissions over the Internet
or other publicly accessible networks, such as transmissions involving
the exchange of e-mail with us (including those which may contain your
personal information). While we shall take commercially reasonable efforts
to safeguard the privacy of the information you provide us and treat such
information in accordance with our Privacy
Policy, in no event will the information you provide to us be deemed
to be confidential, create any fiduciary obligations to you on our part,
or result in any liability to you on our part in the event that such information
is inadvertently released by us or accessed by third parties without our
consent. |
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You
agree to follow all applicable laws and regulations when using the Web
Sites. Furthermore, you agree that you shall not:
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Upload, post or otherwise transmit through or to the Web Sites any content
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i. Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or otherwise objectionable;
ii. Might infringe the intellectual property rights, privacy rights, rights
of publicity, or other proprietary rights of others;
iii. Contains any viruses, trojan horses, time bombs, or any other harmful
programs or elements;
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b.
Disrupt, place unreasonable burdens or excessive loads on,interfere
with or attempt to gain unauthorized access to any portion of this website
or the Web Sites, its computer systems, servers or networks;
c. Provide false information about yourself to us, impersonate any other
person, or otherwise attempt to mislead others about your identity or
the origin of any content, message or other communication;
d. Transmit junk mail, chain letters, or other unsolicited bulk e-mail
or duplicative messages;
e. Collect information about other visitors to the Web Sites without
their consent or otherwise systematically extract data or data fields,
including without limitation any financial data or e-mail addresses;
f. Sell access to or the use of the Web Sites, including any content
contained on, downloaded or accessed from the Web Sites, except as specifically
permitted in writing by Virtual Tour Hosting;
g. Redistribute any content, provided by us in any manner whatsoever
including by means of printed publication, fax broadcast, web pages,
e-mail, web newsgroups or forums, or any other electronic or paper-based
service or method, unless specifically authorized by Virtual Tour Hosting.
By
uploading, posting or otherwise transmitting any content through or
to this website or the Web Sites, you grant to us, our successors and
assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable
license to use or distribute such content in any manner otherwise than
as stated in our Privacy Policy.
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You
agree to indemnify, defend and hold us and our affiliates, business partners,
officers, directors, employees and agents harmless from any loss, liability,
claim, demand, damage, or expense (including reasonable legal fees) asserted
by any third party relating in any way to your use of the Web Sites or
breach of these Terms of Use. We reserve the right to assume the exclusive
defense and control of any matter subject to indemnification by you, which
shall not excuse your indemnity obligations. |
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Links
or pointers to other websites and references to products and services
offered by third parties are provided to you for convenience only and
do not constitute an endorsement or approval by us of (i) the organizations
that operate such websites; (ii) the content, privacy policies or other
terms of use on such websites; or (iii) such third party products and
services. As we have no control or responsibility over websites or content
maintained by other organizations, or for products and services offered
by third parties, we do not assume any liability for your use of any of
the foregoing, which use you acknowledge and agree shall be at your own
risk. |
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Virtual
Tour Hosting name, service marks and other identifying marks, logos or
names of Virtual Tour Hosting are and shall remain the trade-marks and
trade names and exclusive property of Virtual Tour Hosting, and any unauthorized
use of these marks is unlawful. Other trade-marks on the Web Sites are
the property of their respective owners. All content on the Web Sites,
including without limitation all programs, compiled binaries, interface
layout, interface text, documentation and graphics, is the copyrighted
property of Virtual Tour Hosting and is protected by international copyright
law. The content on the Web Sites may be used by you only for your personal,
non-commercial use as provided for in these Terms of Use, but may not
be taken out of context or presented in a misleading or discriminatory
manner. Any rights not expressly granted to you are reserved by us. |
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Our
policy is to comply with all intellectual property laws and to act expeditiously
upon receiving any notice of claimed infringement. If you believe that
your work has been reproduced on the Web Sites in a manner that constitutes
copyright infringement, please provide a notice of copyright infringement
containing all of the following information: |
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1.
A physical or electronic signature of a person authorized to act on behalf
of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on the Web Sites that is claimed to
be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining
party.
5. A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law.
6 . A statement, under penalty of perjury, that the information in the
notice of copyright infringement is accurate, and that the complaining
party is authorized to act on behalf of the owner of the right that is
allegedly infringed.
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All
notices of copyright infringement should be sent to:
Virtual Tour Hosting
5294 Alum Rock Avenue
San Jose, CA 95127
Attention: Copyright Manager
Facsimile: + 806-209-2582
E-mail: copyright@virtualtourhosting.net |
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If
any provision of these Terms of Use is held invalid or unenforceable in
any respect by any court having competent jurisdiction, such provision
shall be enforced to the maximum extent permitted by law, and the remaining
provisions of these Terms of Use shall continue in full force and effect.
No waiver of any provision of these Terms of Use shall be deemed a further
or continuing waiver of such provision or any other provision of these
Terms of Use.
These Terms of Use shall be governed by and construed in accordance with
the laws of the State of New York and the laws of the United States of
America applicable therein, without regard to conflict of laws provisions
thereto. The parties consent to the exclusive jurisdiction of the courts
of, and venue and situs in, New York, New York.
You agree that these Terms of Use, and other notices posted on the Web
Sites have been drawn up in English. Although translations in other languages
of any of the foregoing documents may be available, such translations
may not be up to date or complete. Accordingly, you agree that in the
event of any conflict between the English language version of the forgoing
documents and any other translations thereto, the English language version
of such documents shall govern.
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