- www.myvisualrealestate.com, www.myvisuallistings.com, www.myvisualhomes.com, are all owned and operated by MyVisualRealEstate.com Inc. an Ontario, Canada corporation from now on known as "MVRE".
- "Customer" means the purchaser of Services from MVRE.
- "Tour Provider" means your area photographer that does your virtual tours.
- "Services" means computing, telecommunications, software and information services provided by MVRE including, without limitation, web hosting, virtual tours, monthly subscription, web design and the provision of access to computing, software, and information services provided by third parties over the Internet.
- "TUP" means this Terms of Use Policy.
2. WEBSITE, VIRTUAL TOUR AND PROPERTY FLYER SOFTWARE
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you "User" and MyVisualRealEstate.com Inc., "MVRE".
Grant of License
MVRE grants to the User a non-exclusive, non-transferable license to use its MVRE virtual tour and website software system ("Software"). The User may not use the Software for any use prohibited by law.
3. DOMAIN NAME REGISTRATION
MVRE's role in the registration of a Customer domain name is limited to the submission of the Customer's request for registration to the appropriate registrar (the "Registrar"). Upon registration the Customer will be subject to the terms and conditions of registration imposed by the Registrar. MVRE provides no assurance that a particular application for a domain name will be accepted or approved. Each individual domain name constitutes a single submission. All changes to the original application must be made by the Customer directly to the Registrar and not to MVRE.
4. TERM
The term of use of the Services is month to month, unless a longer period is subscribed for by the Customer in which event the term is for the duration of the subscription period. The term will be automatically renewed for a further term of equal duration unless terminated in accordance with Sections 6 or 9.
5. CHANGES
The fees for the Services and the terms of this TUP are subject to change at any time upon 30 days' notice at the sole discretion of MVRE. There are NO FEES for becoming a Virtual Tour member.
6. TERMINATION
The provision of the Services will be terminated in the following events:
- Termination without Notice. MVRE may immediately terminate the Services in the event the Customer commits any act of default under any term of this TUP, including but not limited to the events set out in Section 7. All prepaid fees will be forfeited.
- Termination with Notice. Either the Customer or MVRE may terminate the Services at any time upon giving the other not less than one clear calendar month's notice in writing. The customer will only be charged for that last 30 day period after we receive notice.
7. ABUSE OF SYSTEM
Any use by the Customer of the Services for purposes other than those for which they are intended or conduct by the Customer or unauthorized use of MVRE system resources that results in any disruption of the normal use of MVRE's system constitutes grounds for immediate termination of the Services. Examples of system abuse include but are not limited to:
- consuming excessive amounts of memory or CPU for long periods of time;
- spamming or mass e-mailing using any MVRE system or process;
- illegal, criminal or malicious activities;
- the transmission of any material in violation of any international, national, or municipal law or regulation, including, but not limited to, copyrighted material, threatening, offensive or obscene material and material protected by trade secret;
- the unauthorized use of photographs, images and corporate logos and designs;
- any activity MVRE in its sole discretion determines is offensive or unethical or otherwise damaging to other customers, users of the Internet, MVRE 's networks and systems or its reputation;
- the propagation, support for, creation of or deliberate attacks by any virus or worm;
- the giving false information to MVRE;
- the storage of illegal or pirated software, images, photographs and corporate logos and designs that the Customer does not have the right to use, the use of any type of IRC bot or proxy, the storage and use of any type of software intended for hacking or cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes;
- the modification of, or tampering with, files not owned by the user and any attempt to examine files not normally available to Customers;
- any attempt to use system resources not normally available to Customers;
- any attempt to alter the security of the system or to impede the normal functioning of thereof;
- any attempt to violate or affect the rights of others;
- any attempt to make or distribute materials or publications that are threatening or defamatory or otherwise injurious to the business or reputation of others; and
- any attempt to violate the law.
8. CHARGES
The Customer is responsible for all applicable charges for the Services as set forth in the pricing structure detailed on MVRE’s web sites plus all applicable taxes. Invoicing for the Services will be delivered after the charge has been applied to the Customer's credit card for Premium Property Flyer” or Website subscription services. Customer agrees to promptly pay any invoices for virtual tours. Invoices may be delivered by e-mail, fax or mail. Any interruption in the provision of the Services does not relieve the Customer from the obligation to pay all applicable charges. Additional fees may be levied for NSF payments, reactivations, terminations and changes of service. If the Customer commits any default under this TUP the Customer agrees to reimburse MVRE for all reasonable expenses (including collection fees and legal costs on a solicitor and own client basis) incurred by MVRE in enforcing its rights under this TUP. Accounts in default are subject to an interest charge of 2% per month (24% per annum).
9. CHANGES IN PRICE STRUCTURE
MVRE may, from time to time, modify any prices or charges (including late payment charges) for or any other term or condition relating to the Services provided that MVRE gives the Customer at least 30 days advance written notice. The Customer shall have the option to continue the Services at the new price or charge or terminate the Services upon giving written notice to MVRE prior to the expiration of the 30 day period referred to above.
10. USE OF SERVICES
The Services are for the exclusive use of the Customer as contemplated by this TUP and use of the Services is restricted by the TUP. MVRE reserves the right to amend this TUP from time to time without prior notice. The Customer acknowledges that it has read the TUP in effect as at the date hereof.
11. IP ADDRESSES
MVRE shall maintain ownership of and full control over any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12. LICENSED REAL ESTATE AGENT
In subscribing for the Services the Customer represents and warrants to MVRE that he or she holds all required licenses and is otherwise duly authorized under all applicable laws to act on behalf of third parties in connection with real estate transactions including but not limited to the purchase, sale and financing of real property and the giving of advice in connection therewith. MVRE accepts no liability or responsibility in connection with the subscription of Services by persons who are not so licensed or authorized.
13. NO TITLE
The Customer acknowledges that no title to nor interest in any intellectual property related to the Services or otherwise is conveyed or granted to the Customer. All right, title, ownership and interest in and to all intellectual property remains vested in MVRE. All such property is protected by copyright in Canada, the United States and other countries.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL MVRE BE LIABLE FOR, AND THE CUSTOMER HEREBY RELEASES MVRE AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND SUPPLIERS FROM, ANY LOSS, COST, DAMAGES OR LIABILITY WHATSOEVER (INCLUDING INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES) INCURRED BY THE CUSTOMER ARISING OUT OF ANY MATTER OR THING RELATING TO THE PROVISION BY MVRE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY LOSS, COST OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR ANY INTERRUPTION OR SUSPENSION THEREOF FOR ANY REASON.
15. INDEMNITY
The Customer hereby agrees to indemnify, defend and save harmless MVRE and its directors, officers, employees and suppliers from any and all claims, actions, costs and losses incurred by MVRE (including legal fees on a solicitor and own client basis) resulting from any act or omission on the part of the Customer or any default or breach by the Customer of any provision of this TUP.
16. MISCELLANEOUS
This TUP shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. All notices under this TUP or otherwise related to the Services may be given by MVRE to the Customer at the last e-mail address of the Customer provided to MVRE. MVRE may assign its rights and obligations under this TUP without the prior consent of the Customer. The Customer may not assign the Services without the prior written consent of MVRE, such consent not to be unreasonably withheld. This TUP remains binding upon the parties and their respective heirs, executors, trustees, successors and assigns.
17. VIRTUAL TOUR AND LISTINGS NETWORK SHARING
The customer hereby agrees where the User participates in or Virtual Tour & Listing Exchange System, the User grants the right to use, publish, promote or otherwise advertise the User's shared listings and virtual tours to other applicable MVRE users. Further, the User represents and warrants that they are authorized to make said grant of rights to other MVRE users. The User acknowledges and agrees that Virtual Tour & Listing Exchange System advertising relationships are created and participation occurs automatically. The User understands and agrees that they have the ability and obligation to manage, end, engage and/or alter Virtual Tour & Listing Exchange System agreements as the User desires or is required by law.
18. Advertising Content
MVRE reserves the right to, at its discretion, request the removal, modification, changes or elimination of any and all content advertising third party services on Software. In the event that such request is not satisfied by the User, MVRE shall have the right to terminate this license and end the User's use of the Virtual Tour & Listing Exchange System.