PropertyPreviews.com Website Terms of Use

Effective Date: August 28, 2008

The PropertyPreviews.com Website Terms of Use (the "Terms" or "Agreement") is an agreement between you ("you" or "customer") and PropertyPreviews.com ("we", "us", and "our"). PropertyPreviews.com provides customers with an on-line technology platform on the PropertyPreviews.com website located at www.PropertyPreviews.com (the "Site"). The Site provides you with access to and use of PropertyPreviews.com services, including services to self-produce real estate video tours and distribute and measure the effectiveness of real estate property marketing (collectively, the "Video Service"). The Site may also offer you the opportunity to purchase certain products or other services (collectively "Paid Service"). Video Service and Paid Service are collectively referred to as the "Service." Before you continue using the Site, the Service, or any of the PropertyPreviews.com products or services, it is important that you carefully review the Terms.

Ownership of Site. The Service and the Site are owned and operated by PropertyPreviews.com. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of any content or materials on the Site or available through the Service are expressly prohibited without the prior written permission from PropertyPreviews.com or the copyright holder identified in the individual contents copyright notice.
Acceptance of Terms. By entering and using the Site or Service, you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and PropertyPreviews.com that you will use the Service only in a manner consistent with these Terms. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or Service. Specific pages on the Site may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control with respect to the Site and Service. We require that you be 13 years or older to use the Site or Service; if you are under 13 years old, you should not access or use the Service or Site.
Privacy Policy. The PropertyPreviews.com Privacy Policy can be found at: www.PropertyPreviews.com/privacy.aspx. The terms and conditions of our privacy policy are incorporated into and considered part of these Terms as if fully set forth herein.
Amendment of Terms; Termination.
1. We reserve the right to change these Terms at any time. If we make any material changes to these Terms, we will post the new Terms on the Site and update the effective date set forth above. Therefore, we encourage you to check the effective date of Terms whenever you visit the Site to see if it has been updated since your last visit.
2. This Agreement and the Service provided hereunder shall continue until terminated as provided herein. You may terminate this Agreement at any time for convenience. You agree that PropertyPreviews.com may at any time without notice to you: terminate this Agreement; suspend or terminate the Service or Site; or terminate your account and delete any content stored in your account; and you agree that PropertyPreviews.com may take the foregoing actions for any reason, including if, in PropertyPreviews.com's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so, or may do so without cause.
3. Upon termination of this Agreement or termination or suspension of the Service, all rights and licenses granted by PropertyPreviews.com to you hereunder shall immediately terminate; however, termination or suspension shall not affect any rights and licenses granted by you to PropertyPreviews.com hereunder, including grants in and to the Member Creation or the Member Works (as defined below in Section 7), and such rights and licenses shall survive such termination or suspension.
Password. When you register as a Service user, you will be asked to provide a password. You are the only person permitted to use this password to access and use the Service. As you will be responsible for all activities that occur under your password, you are responsible for maintaining the confidentiality of your passwords. You must notify PropertyPreviews.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.
Information Provided by You. You agree that the information that you provide to us on registration and at all other times, including all information you provide when using the Service, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. You agree that Company is free to use any such information without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, modifying, manufacturing and marketing products and services and modifying or improving the Site and Service.
License to Use the Website and Service. Subject to the Terms, PropertyPreviews.com hereby grants you a limited, non-exclusive, non-transferable, right to use the Service and, in connection therewith, to submit graphic images, photographs, text and related data (individually and collectively referred to as "Member Works") to create Real Estate Video Tours, subject to the representations and requirements in Section 8. The Member Works, when combined and presented as Real Estate Video Tours, shall be collectively referred to as the "Member Creations". In addition, subject to the Terms, PropertyPreviews.com hereby grants you a limited, non-exclusive, non-transferable, right to use, solely as part of the Service, certain third party photographs, videos, music, graphics, tools and other materials that may be made available to you by PropertyPreviews.com as part of the Service (collectively the "Third Party Content"), solely for the purpose of including such Third Party Content in Member Creations that are created and presented by you using the Service in accordance with the Terms. You may not use the Third Party Content on a stand alone basis or for any purpose separate and apart from the Service. Use of certain Third Party Content may be subject to additional terms and conditions. All rights not expressly granted to you are reserved by PropertyPreviews.com and its licensors. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Third Party Content in any way.
Member Works and Member Creations.
1. If you are a licensed real estate professional, you are permitted to create unlimited Real Estate Video Tours for the one real estate brokerage set forth in the user profile for your account. If you are not a licensed real estate professional, then you may create only one Real Estate Video per account.
2. You shall be solely responsible for the content of your Member Works and Member Creations and the consequences of posting, linking or publishing them through use of the Service and the Site. You represent and warrant to PropertyPreviews.com that: (i) you own all intellectual property rights in and to the Member Works or, where you do not own the rights in and to any Member Works, then you have obtained all consents, permissions, authorizations, approvals, licenses, and permits as may be necessary for you to fully use such Member Works in connection with your use of the Services in accordance with the Terms, and otherwise fulfill your obligations under these Terms, including without limitation providing PropertyPreviews.com with the license grants set forth in this Section 8; and (ii) you have legally sufficient written consents, releases, permissions, authorization, approvals, or licenses as may be required to display any person or object included within in the Member Works in connection with both (a) your use of the Services in accordance with the Terms and (b) any use by PropertyPreviews.com of the Member Works or Member Creations pursuant to the license grants set forth in this Section 8 or as otherwise permitted under these Terms.
3. You hereby grant to PropertyPreviews.com a perpetual, irrevocable, worldwide, transferrable, royalty free, exclusive license to use, copy, display, perform, distribute and create derivative works of Member Works and Member Creations for any purpose and through any media format or channel. You also grant PropertyPreviews.com the right to file, as your agent, a copyright registration for Member Works or Member Creations with the U.S. Copyright Office or other applicable foreign copyright office.
4. You agree and acknowledge that PropertyPreviews.com has no obligation to retain the Member Creations, and may delete such Member Creations from the Site and Service at any time without notice to you; provided however, deletion of any Member Creation shall not affect any rights granted by you to PropertyPreviews.com in and to such Member Creation or the Member Works included therein.
Monitoring of Content. PropertyPreviews.com does not control the content of user's accounts or the Member Works or Member Creations and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Prohibited Conduct. You agree that you will not
1. use the Site or Service
2. interfere with, harm or disrupt (or attempt to interfere with or disrupt) the Site or Service or servers or networks connected to the Site or Service, or disobey any laws, requirements, procedures, policies or regulations governing access to or use of the Site or networks connected to the Site or Service;
3. provide any information to PropertyPreviews.com that is false or misleading, that attempts to hide your identity, or that you do not have the right to disclose;
4. access or attempt to access any information, documents or material that you are not authorized to access;
5. use any robot, spider, or other such programmatic or automatic device to obtain information from the Site or otherwise monitor or copy any portion of the Site; or
6. use email from PropertyPreviews.com to create spam emails to be sent from us or otherwise transmit unsolicited or bulk communications to any PropertyPreviews.com account holder or to any PropertyPreviews.com or other e-mail addresses associated with PropertyPreviews.com.
Copyright Policy and Reporting of Violations.
1. PropertyPreviews.com respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. PropertyPreviews.com does not control what content you store on the Site or to incorporate into Member Creations. In your use of this Site and Service, you are solely responsible for complying with all international, federal and state laws applicable to such content, including copyright laws.
2. As a condition to your use of the Service, or your use of the Site, you agree that you will not use the Site or Service to infringe the intellectual property rights of others in any way. PropertyPreviews.com’s policy is to terminate access to the Site and use of the Service by any users who are repeat infringers of the copyrights or other intellectual property rights of others.
3. Any person who believes the copyright in his or her work has been violated through this Service should contact PropertyPreviews.com's "Designated Copyright Agent" as set forth below. Any copyright owner, or person authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, may report his or her notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:
  NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
4. All claims of copyright infringement should be delivered in writing to PropertyPreviews.com's Designated Copyright Agent at the following address:
  
  Designated Copyright agent:
  
  Jeffrey Harris
  PropertyPreviews.com
  1350 E. Touhy Avenue
  Suite 110W
  Des Plaines, IL 30018
  Voice (847) 299-7150
  Fax (847) 299-7159
  Copyrightconcerns@propertypreviews.com
Disclaimers
1. THE SERVICE, THE SITE, AND ALL OTHER RELATED PROPERTYPREVIEWS.COM PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PROPERTYPREVIEWS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
2. PROPERTYPREVIEWS.COM does not endorse any Member Works or any Member Creations or any opinion, recommendation or advice expressed therein or any product or service offered for sale in the Member Works or Member Creations, and PROPERTYPREVIEWS.COM expressly disclaims any and all liability in connection with Member Works and Member Creations.
3. The Service May provide an "Embedded Player" feature, in which you may be able to directly incorporate Member Creations on websites owned or operated by you or to those third party websites that you wish to link to your Member Creations. You understand that the Member Creations, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and PROPERTYPREVIEWS.COM does not guarantee that their availability will be uninterrupted or error free. PROPERTYPREVIEWS.COM reserves the right to discontinue any aspect of the PROPERTYPREVIEWS.COM site at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
4. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL OR ANALOG VIDEO OR PHOTO TO PROPERTYPREVIEWS.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT AND PROPERTYPREVIEWS.COM WILL NOT BE RESPONSIBLE FOR SUCH LOSS OR DAMAGE.
5. From time to time, PROPERTYPREVIEWS.COM may provide at the Site links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access such linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that PROPERTYPREVIEWS.COM is not liable for any loss or damage that you may suffer by using other websites.
Limitations of Liability and Damages
1. PROPERTYPREVIEWS.COM, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE FOR NOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICE, THE MEMBER CREATION, THE MEMBER WORKS, THE THIRD PARTY CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL OR DOCUMENTS OR YOUR USE OF ANY APPLICATION OR FUNCTIONALITY ASSOCIATED WITH THE SITE OR SERVICE, EVEN IF PROPERTYPREVIEWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. VIDEO SERVICE: SOLE REMEDY. YOUR SOLE AND EXCLUISVE REMEDY FOR DISSATISFACTION WITH THE VIDEO SERVICE AND ALL PORTIONS OF THE SITE, EXCEPT THE PAID SERVICE, IS TO STOP USING SUCH SERVICE AND/OR PORTIONS OF THE SITE.
3. PAID SERVICE: SOLE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR FAILURE TO DELIVER A PAID SERIVCE OR BREACH OF ANY OBLIGATION WITH RESPECT TO A PAID SERVICE SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SPECIFIC PAID SERVICE AT ISSUE AND IN NO EVENT SHALL PROPERTYPREVIEWS.COM’S LIABILITY FOR FAILURE TO DELIVER SUCH ITEM EXCEED SUCH AMOUNT.
4. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE DISCLAIMERS, WAIVERS AND LIMITATIONS CONTAINED IN THE TERMS, INCLUDING WITHOUT LIMITATION SECTIONS 12 AND 13, SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONs OF LIABILITY SET FORTH IN THIS SECTION 13, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PROPERTYPREVIEWS.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE LOWEST AMOUNT ALLOWED BY LAW.
Indemnification. You agree to indemnify, defend and hold harmless PropertyPreviews.com, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising from: any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, use and distribution of the Member Works or Member Creations; your use of the Third Party Content; and your grant of rights and licenses to PropertyPreviews.com pursuant to these Terms.
Paid Service: Prices/Cancellation. The price for any Paid Service shall be set forth on the PropertyPreviews.com on-line order form. All prices are stated in U.S. dollars and are valid until altered by us. In the event that a Paid Service on this Website is mistakenly listed at an incorrect price, PropertyPreviews.com reserves the right to refuse or cancel any orders placed for the Paid Service listed at the incorrect price. PropertyPreviews.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PropertyPreviews.com shall issue a credit to your credit card account in the amount of the incorrect price. Risk of loss and title to any products that you may purchase from us passes to you upon our delivery of such products to the carrier.
General.
1. Entire Agreement. These Terms, including the Privacy Policy incorporated by reference, constitute the entire agreement between PropertyPreviews.com and you with respect to your use of the Site and the Service. PropertyPreviews.com's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
2. Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance with the substantive law of the State of Illinois without regard to its conflict of law provisions. The parties agree that any litigation arising out of this Agreement, or relating to the operation of the Site or Service or content appearing therein, shall be brought only in the state or federal courts located in Chicago, Illinois. The parties irrevocably submit to the exclusive jurisdiction of such courts and hereby waive any challenge to the propriety or convenience of jurisdiction or venue of such courts. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
3. Assignment. You may not assign the Agreement and/or any of the rights or obligations contained therein. PropertyPreviews.com may freely assign this Agreement and the rights and obligations contained therein.
4. Notices. PropertyPreviews.com may notify you of certain events relating to the Site or Service, or your use of the Site or Service. We may choose to notify you of these matters via a general notice on the Site, electronic mail to your e-mail address on record in PropertyPreviews.com's account information, or by written communication sent by U.S. mail, postage pre-paid, to your address on record in PropertyPreviews.com's account information. If we notify you by mail, mail notice shall be deemed to have been given upon the expiration of three days after mailing; if we sent you notice by email, such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after sending. You may give notice to PropertyPreviews.com (such notice shall be deemed given when received by PropertyPreviews.com) at any time only by following: letter sent by confirmed facsimile to PropertyPreviews.com at the following fax number: (847) 299-7159; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to PropertyPreviews.com at the following address: PropertyPreviews.com, 1350 E. Touhy Ave., Ste. 110W, Des Plaines, IL 60018; addressed to the attention of: Chief Executive Officer.
5. Trademarks. All brand, product, and service names used on the Site or in this Service which identify PropertyPreviews.com or third parties and their products and services are proprietary marks of PropertyPreviews.com and/or the relevant third parties. Nothing in the Terms shall be deemed to confer on any person any license or right on the part of PropertyPreviews.com or any third party with respect to any such image, logo or name.
6. If you have any comments or questions about these Terms, the Site or our Service, please contact us by email at info@PropertyPreviews.com.