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Terms of Use Agreement

YouVisit LLC (hereinafter “YouVisit”, “we” or “us”) owns and operates www.youvisit.com and certain other platforms over which it delivers its products and services, including YouVisit mobile platforms (the “Platforms”). The Platforms provide virtual tours, including but not limited to realistic 3-D tours, video testimonials and 360◦ tours of various buildings, rooms and facilities, and other products and services. The products and services offered by YouVisit include the Platforms and any other features, content, functionality or applications offered from time to time by YouVisit in connection with the YouVisit Platforms (collectively, the “YouVisit Services”). The YouVisit Services are hosted in the United States of America.

This Terms of Use Agreement (the “Agreement”) sets forth the legally binding terms for your use of the YouVisit Services. By using the YouVisit Services, you agree to be bound by this Agreement. You are only authorized to use the YouVisit Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations and the terms of this Agreement. Please read this Agreement carefully. If you cannot or do not intend to accept and abide by the terms of this Agreement you must exit the YouVisit Platforms and discontinue use of the YouVisit Services immediately. This Agreement includes (i) YouVisit’s policy for acceptable use of and content posted on the YouVisit Services, (ii) your rights, obligations and restrictions regarding your use of the YouVisit Services and (iii) YouVisit’s Privacy Policy. Additional terms and conditions (“Additional Terms and Conditions”) may apply to your use of or participation in certain of the YouVisit Services. Unless otherwise provided by the Additional Terms and Conditions applicable to the YouVisit Services in which you choose to participate, those Additional Terms and Conditions are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@youvisit.com, Subject: Terms of Use Agreement.

YouVisit may modify this Agreement from time to time and such modification shall be effective upon posting by YouVisit on the YouVisit Platforms. You agree to be bound by any changes to this Agreement when you use the YouVisit Services after any such modification is posted. It is therefore important that you review this Agreement regularly.

Your use of the YouVisit Services is subject to the following specific terms:

1. Eligibility. Use of and registration for the YouVisit Services is void where prohibited. By using the YouVisit Services, you represent and warrant that (a) you are 13 years of age or older; and (b) your use of the YouVisit Services does not violate any applicable law or regulation.

2. Term. This Agreement shall remain in full force and effect while you use the YouVisit Services.

3. Fees. You acknowledge that YouVisit reserves the right to charge fees for the use of the YouVisit Services and to change such fees from time to time in its sole discretion. If YouVisit terminates your use of the YouVisit Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.

4. Non-commercial Use by Users. The YouVisit Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by YouVisit. Illegal and/or unauthorized use of the YouVisit Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the YouVisit Platforms, is prohibited. YouVisit reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the YouVisit Services.

5. Proprietary Rights in Content on YouVisit. All content accessible via the YouVisit Services (including without protection the identity of customers, sponsors and affiliates of YouVisit) (collectively, “YouVisit Content”) is protected by copyright, trademark, patent, trade secret and other laws, and YouVisit owns or has the right to use and retains all rights in the YouVisit Content and the YouVisit Services. Except as otherwise set forth herein or elsewhere within the YouVisit Services, YouVisit hereby grants you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display the YouVisit Content (excluding any software code) solely for your personal use in connection with using the YouVisit Services.

The YouVisit Services contain content of other persons and entities including customers, sponsors, affiliates, and other YouVisit licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the YouVisit Services. See “Additional Terms and Conditions Relating to Uploading of User Content to YouVisit Services” for additional information.

6. Prohibited Activity. The following is a partial list of certain activities that are illegal or prohibited on the YouVisit Platforms and through your use of the YouVisit Services (“Prohibited Activity”). YouVisit reserves the right to investigate and take appropriate legal action against anyone who YouVisit believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to:

(a) criminal or tortious activity, pornography, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

(b) advertising to, or solicitation of, any user to buy or sell any products or services through the YouVisit Services other than someone authorized by YouVisit. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the YouVisit Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(c) any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or creating an undue burden on the YouVisit Services or the networks or services connected to the YouVisit Services;

(d) using any information obtained from the YouVisit Services in order to harass, abuse, or harm another person; or

(e) using the YouVisit Services in a manner inconsistent with any and all applicable laws and regulations.

7. Copyright Policy. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of YouVisit to terminate access by any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to YouVisit by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the YouVisit Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the YouVisit Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. YouVisit's Copyright Agent for notice of claims of copyright infringement can be reached at copyright@youvisit.com.

8. Privacy Policy. The use of the YouVisit Services is also governed by the YouVisit Privacy Policy, which is incorporated into this Agreement by this reference.

9. Disclaimers. YouVisit is not responsible for any incorrect or inaccurate content posted on the YouVisit Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the YouVisit Services. The YouVisit Services may contain links to other websites. YouVisit is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by YouVisit. Inclusion of any linked website on the YouVisit Services does not imply approval or endorsement of the linked website by YouVisit. When you access these third-party sites, you do so at your own risk. YouVisit takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. YouVisit is not responsible for the conduct, whether online or offline, of any user of the YouVisit Services. YouVisit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the YouVisit Services. YouVisit is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the YouVisit Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the YouVisit Services. Under no circumstances shall YouVisit be responsible for any loss or damage, including personal injury or death, resulting from use of the YouVisit Services, attendance or participation in a YouVisit event or promotion, from any content posted on or through the YouVisit Services, or from the conduct of any users of the YouVisit Services, whether online or offline. The YouVisit Services are provided “AS-IS” and as available and YouVisit expressly disclaims any warranty of fitness for a particular purpose or non-infringement. YouVisit cannot guarantee and does not promise any specific results from use of the YouVisit Services.

10. Limitation on Liability. IN NO EVENT SHALL YOUVISIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE YOUVISIT SERVICES, EVEN IF YOUVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUVISIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOUVISIT FOR THE YOUVISIT SERVICES DURING THE TERM OF YOUR USE OF THE YOUVISIT SERVICES.

11. Disputes. If there is any dispute about or involving the YouVisit Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Florida. Either YouVisit or you may demand that any dispute between YouVisit and you about or involving the YouVisit Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Miami, Florida, USA, provided that the foregoing shall not prevent YouVisit from seeking injunctive relief in a court of competent jurisdiction.

12. Indemnity. You agree to indemnify and hold YouVisit, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the YouVisit Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other. By using the YouVisit Platforms or any of the YouVisit Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and YouVisit regarding the use of the YouVisit Services. The failure of YouVisit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. YouVisit and Tour Builder are trademarks of YouVisit. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at privacy@youvisit.com with any questions regarding this Agreement.

Additional Terms and Conditions Relating to 3-D Content and Virtual Reality

The YouVisit Services may from time to time include access to hardware, software and content that when used correctly and in accordance with the instructions of their respective manufacturers or developers enable users to experience 3-D content or virtual reality or both (such YouVisit Services, the “VR Services”). Use of the VR Services may subject you to certain health and safety dangers as described within the respective hardware, software and content. By using the VR Services you represent and warrant that you have read and understood all applicable health and safety warnings and instructions prior to using the VR Services. The respective manufacturers and developers may update or revise these warnings and instructions and it is your responsibility to review them periodically. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE VR SERVICES IS AT YOUR SOLE RISK AND YOUVISIT SHALL BEAR NO LIABILITY FOR ANY INJURY YOU SUFFER AS A DIRECT OR INDIRECT RESULT OF ACCESSING OR USING THE VR SERVICES. IF YOU BELIEVE THAT YOU MAY SUFFER ANY INJURY AS A RESULT OF ACCESSING OR USING THE VR SERVICES, WHETHER DIRECTLY OR INDIRECTLY, YOU SHOULD NOT USE THE VR SERVICES.

The following is a partial list of websites containing health and safety warnings relating to hardware, software and content that may be included in the VR Services. This list and its contents are subject to change and are presented solely for your convenience. YouVisit makes no representations or warranties relating to the sufficiency or completeness of the health and safety warnings or any other content contained in the sites listed below nor to the applicability of such warnings to any individual user of the VR Services.

https://www.oculus.com/warnings/
http://www.samsung.com/us/support/owners/product/SM-R320NPWSXAR

YouVisit reserves the right, in its sole discretion and where technically feasible, to disable access to the VR Services if and to the extent that YouVisit believes in its sole discretion that use of the VR Services or any of them violates YouVisit’s community standards, agreements, laws, regulations or policies. By using the VR Services you agree that YouVisit will incur no liability or responsibility by removing, disabling or deleting such VR Services on this basis, or if YouVisit does not remove, disable or delete access to such VR Services.

AS BETWEEN YOU AND YOUVISIT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUVISIT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUVISIT DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE VR SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE VR SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES AND CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY YOUVISIT WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Additional Terms and Conditions Relating to Uploading of User Content to YouVisit Services

The YouVisit Services may include interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including but not limited to text, images, photos, videos, sounds, software and other information and materials (such content, “User Content”). By submitting User Content through the YouVisit Services you grant YouVisit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free and fully sublicensable right and license to use, copy, display, store, adapt, perform and distribute such User Content in connection with the YouVisit Services, including without limitation the right to post and display User Content on the YouVisit Services, whether for commercial purposes or otherwise, without obtaining any permission or license from any third party. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content. This license will exist for the period during which the User Content is posted on the YouVisit Services or any of them and will automatically terminate upon the removal of the User Content from all of the YouVisit Services. Subject to the terms of the foregoing license, you retain full ownership or other rights in your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

In consideration of YouVisit’s agreement to allow you to post User Content to the YouVisit Services and YouVisit’s agreement to publish such User Content and for other valuable consideration, the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with YouVisit as follows:

(1) You are solely responsible for the User Content you make available through the YouVisit Services and you represent and warrant that (i) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to YouVisit the rights specified in this section; and (ii) the provision of your User Content, and our subsequent use of such User Content, will not infringe upon, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, defame any person, or result in the violation of any applicable laws or regulations or our community standards.

(2) YouVisit has no responsibility or liability for User Content made available through the YouVisit Platform or YouVisit Services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.

(3) YouVisit makes no representation and warranty that Content posted on the Site will not be unlawfully copied or used without your consent. By posting User Content on the YouVisit Services or any of them you acknowledge and agree that YouVisit is not responsible for preventing such unlawful copying or use and that YouVisit shall not be liable for any losses or damages you may suffer as a direct or indirect result thereof.

(4) If and to the extent you use the YouVisit Services or any of them as part of a commercial agreement with YouVisit, you acknowledge and agree that our agreements with you in this capacity may supersede this section of the Terms.

(5) You have the full and complete right to enter into this agreement and to grant to YouVisit the rights in the User Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by YouVisit of the User Content as contemplated herein.

(6) You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against YouVisit, all of which such rights are hereby expressly and irrevocably waived by you in favor of YouVisit.