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This page states the terms and conditions under which you (“you”, “your”, or the
“User”) may use this site, and the various services (“Services”) offered from
the site, which is the property of iLOOKABOUT Inc. and/or its affiliated
entities (collectively “iLOOKABOUT”). Your use of this site constitutes
acceptance of these terms and conditions. If this agreement is being presented
via a “click-wrap” screen, by clicking “I agree”, you agree to be bound by these
terms and conditions.
To the extent you have entered into a specific written agreement with iLOOKABOUT
for iLOOKABOUT services, the terms of that written agreement will govern to the
extent they are inconsistent with this Terms of Service agreement.
These terms were last revised on July 10, 2008.
iLOOKABOUT may change these terms of service or any fees payable to iLOOKABOUT by
giving 30 days written notice, which shall not commence prior to the end of any
term for the applicable Service if a term other than monthly has been agreed to.
Intellectual Property: Copyright © 2008 iLOOKABOUT. All rights
reserved. The contents of this site are owned by and copyrighted by iLOOKABOUT
and its suppliers and may contain trade-marks of iLOOKABOUT or others. You may
print or copy portions of this site for your own use only - provided that all
copyright and trademark provisions contained on the site remain intact. Without
limitation, iLOOKABOUT has trade-marks in “iLOOKABOUT”, and the iLOOKABOUT logo.
Unauthorized use of any portion of this site or the Services beyond that
contained in the previous paragraph may violate copyright, trade-mark and other
laws.
Payment Terms: Any payments, or any deposits paid for any Services, are
not refundable absent default by iLOOKABOUT.
Any payment not made when due will be subject to interest of two percent (2%) per
month compounded monthly (equivalent to a yearly interest rate of 26.86%).
Limitations: The User will not: (a) reproduce, sell, rent, assign, lease,
sublicense, distribute, pledge, serve third parties, market or commercially
exploit, in any way, except as provided in this Agreement the Services or any
component thereof; (b) use the Services for any purpose or function whatsoever
other than for its own internal use; (c) use the Services except as authorized
herein; (d) reverse engineer, decompile, disassemble or create derivative works
from any software that is part of the Service, except and only to the extent
such activity is expressly permitted by applicable law notwithstanding such
limitation; (e) remove, modify or obscure any watermark (either visible of
invisible) or any copyright, trademark or other proprietary rights notices that
appear on any software or that appear on any images or during use of any
software or Services; or (f) use the Services for activities specifically
prohibited by iLOOKABOUT’s acceptable use policy.
Acceptable Use Policy: The User will not: (a) use the Services for illegal
purposes; (b) upload, post, publish, transmit, reproduce any Content that (i)
infringes any patent, trade-mark, trade secret, copyright or other proprietary
rights of any party; (ii) violates or infringes the rights of others, including
content which is inaccurate, false, hateful, threatening, abusive, offensive,
harassing, unlawful, defamatory, libelous, tortuous, slanderous, invasive of
privacy or publicity rights, vulgar, obscene, profane, or is racially,
ethnically or otherwise objectionable; (iii) is pornographic, sexually explicit
or contains nudity; (iv) contains viruses Trojan horses, bots, worms or other
harmful or destructive components or features designed to interrupt, alter,
destroy or limit the functionality of any software, hardware or
telecommunications equipment; or (v) you know, or reasonably should know, cannot
be legally distributed in such manner; (c) engage in conduct which in
iLOOKABOUT's sole discretion restricts or inhibits other users from using or
enjoying the Services; (d) create a false identity for the purpose of misleading
others, impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with any person or entity; (e) forge or otherwise
manipulate uniform resource locators or other identifiers to disguise the origin
of any Content transmitted through the Service, to acquire unauthorized access
to restricted areas of the Service, or for any other purposes; (f) interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service; (g) use any automated queries of any sort on the
Service; or (h) place partial pages of this site within frames on your site, or
otherwise suggest that the content is yours.
iLOOKABOUT does not routinely review or edit Content. iLOOKABOUT may however
monitor, edit or remove any Content if the Content violates the Terms of
Service.
User Registration, Password and Security: Certain Services require the
payment of a fee and/or the User to register with their contact information, a
user name and a password. Unless otherwise agreed in writing the fees and
service limits will be those published by iLOOKABOUT at the time of purchase.
Purchasers of Services will also be required to provide billing, credit card and
payment information. You will provide accurate, and complete information about
yourself (including your email address which will be used by iLOOKABOUT as the
primary method of communication to the User), and maintain up-to-date
information by making changes to your profile. All amounts paid in advance to
iLOOKABOUT are non-refundable. You agree to be responsible for all acts and
omissions that occur in connection with your password. You will keep your
password confidential and to notify iLOOKABOUT immediately if you believe that
the security of your password has been compromised.
iLOOKABOUT Supplied Content: If the Services involve the viewing of
content supplied by iLOOKABOUT, such as the Streetscape product, the Services
consist of access to a database of images in specified geographic locations on
the terms contained herein. All images and other content that forms part of the
Services are owned by iLOOKABOUT (or are owned by a related entity and used
under license), and protected by copyright. Such images are owned by iLOOKABOUT
and not by the User, even if those images or content have been specifically
requested by or paid for by the User. iLOOKABOUT hereby grants to the User a
non-exclusive, non-transferable license to access the portion of the content of
the database agreed to between the User and iLOOKABOUT. The User may use the
Services only for internal access by its employees or contractors for the
purpose of conducting the User’s business, unless iLOOKABOUT specifically agrees
otherwise in writing. For clarity, the User may not allow access by the general
public to the Services or the images provided thereunder. User access will in
most cases consist of online access, however in some instances where custom
images are requested by a User they will be provided on physical media, and, at
iLOOKABOUT’s discretion, added to the database for use by its Users generally.
The images in the database may be updated by iLOOKABOUT from time to time for
its Users generally, but iLOOKABOUT makes no promises about the frequency of
such updates.
User Supplied Content: If the Services involve the User’s ability to post
content, such as the Virtual Tour product, the Service includes; image editing,
image and file uploading, the processing of base images into virtual tours or
virtual slideshows, virtual tour and virtual slideshow hosting, and an
administrative and management interface for users of the Service. The uploaded
information including; data, text, files, photographs, graphics, software,
hyperlinks, or other materials submitted to the Service (collectively "Content")
provides users the capability of creating and/or managing virtual tours and
virtual slideshows. iLOOKABOUT claims no ownership rights in any Content. You
grant to iLOOKABOUT a non-exclusive, royalty-free license to use, copy,
distribute, and display those images to the extent necessary to provide the
Services. Initial fees for the Services contained in this paragraph includes
hosting of content for no more than 12 months. iLOOKABOUT is not responsible for
the deletion, miscommunication or the failure to store any Content on the
Service. iLOOKABOUT may establish limitations on the amount of storage,
activity, bandwidth or any other resource available for each User of the
Service.
Access: Users may only access the Services through the web based interface
provided by iLOOKABOUT. While limited free support is provided, iLOOKABOUT is
not required to provide any free assistance, including any technical or User
support, in connection with the Services.
Limited Warranty: While iLOOKABOUT uses reasonable efforts to maintain
this site and its Services in an up-to-date fashion, it does not warrant the
completeness, timeliness or accuracy of this site or the Services or that they
will satisfy the User’s expectations. iLOOKABOUT reserves the right from time to
time, and at any time, to modify, suspend or discontinue the Service (or any
part thereof) with or without notice. The site and Services are provided “as
is”.
iLOOKABOUT will use commercially reasonable efforts to provide the Services
on a 24 hour basis, subject to matters outside its reasonable control, and the
service levels provided by its third party content delivery network. iLOOKABOUT
will use reasonable efforts to enforce any service level and warranty
obligations of its suppliers.
Notwithstanding anything else contained in this Agreement, iLOOKABOUT’s
warranties and liabilities for any matters shall not exceed those provided to
iLOOKABOUT from any third party providing services to iLOOKABOUT.
iLOOKABOUT disclaims all warranties or conditions, express or implied, in respect
of this site and the Services including any implied warranties or conditions of
fitness for a particular purpose, merchantability and noninfringement.
In no event is iLOOKABOUT liable for any damages whatsoever (including, without
limitation, direct, incidental or consequential damages, lost profits, or
damages resulting from lost data or business interruption) resulting from the
use of or inability to use this site or the Services, the reliability of the
Internet, or the material contained on the site or provided by the Services,
whether based on warranty, contract, tort, negligence, strict liability,
operation of law, or any other legal theory, and whether or not iLOOKABOUT is
advised of the possibility of such damages.
You acknowledge that iLOOKABOUT has set its prices and created this site
and its services in reliance on the limitations of liability and disclaimers of
warranties and damages set forth herein, and that the same form a fundamental
and essential basis of the bargain between the parties. They shall apply even if
the contract between you and iLOOKABOUT is found to have failed in its
fundamental or essential purpose or has been fundamentally breached.
The user will indemnify iLOOKABOUT for any damages iLOOKABOUT may suffer
resulting from your use of this site or services or breach of these terms.
Jurisdiction: This site and the use of the Services are governed by the
laws of the Province of Ontario, Canada, excluding any conflicts of law
provisions and excluding the United Nations Convention on Contracts for the
International Sale of Goods. Any legal action against iLOOKABOUT shall take
place in the courts of the Province of Ontario. The parties attorn to the
non-exclusive jurisdiction of the courts of Ontario. Regardless of any statute
or law to the contrary, any action, suit or proceeding arising out of or related
to the site or the Services or to the Terms of Service must be commenced within
1 year after such claim or cause of action arose or be forever barred.
Third Party Sites: Any third party sites that are linked to this site are
not under iLOOKABOUT’s control. iLOOKABOUT is not responsible for anything on
the linked sites. iLOOKABOUT provides links as a convenience only and such links
do not imply any endorsement by iLOOKABOUT of those sites.
Privacy: To the extent that iLOOKABOUT collects any information from its
users, either by actively provided information or otherwise, it uses such
information only for its own purposes. Such information is not divulged unless
required by competent authorities or to the extent required or allowed under
applicable privacy legislation. Notwithstanding the above, iLOOKABOUT cannot
guarantee that there will never be a situation where personal information is
disclosed. Users should not provide iLOOKABOUT with personal information that
the user does not wish others to know. Details of iLOOKABOUT’s privacy policy
are at http://www.iLOOKABOUT.com/privacy , which governs in the case of conflict
with these terms of service.
Purchase Terms: iLOOKABOUT tries to provide accurate information on this
site, but errors may occur. iLOOKABOUT reserves the right to change the prices
of goods and services available through the site without any notice or
liability. iLOOKABOUT cannot guarantee goods or services advertised on the site
will be available when ordered or thereafter. iLOOKABOUT reserves the right at
any time to reject, correct, cancel or terminate any order for any reason
whatsoever. If you order goods or services for which the price was incorrectly
displayed, iLOOKABOUT will provide you with an opportunity to place an order at
the correct price. If you order goods or services that are not available,
iLOOKABOUT will notify you by email. iLOOKABOUT reserves the right to limit
quantities sold. Nothing on the site is an offer to sell. Your properly
completed and delivered order form is your offer to purchase the goods or
services in your order. Your order is deemed accepted only if and when
iLOOKABOUT sends an acceptance notice email to your email address.
Default:
iLOOKABOUT may immediately terminate or suspend the provision of Services to a
User with or without notice upon the occurrence of any of the following events:
(a) user fails to pay fees when due; (b) User fails to comply with any provision
of this Agreement or uses the Services beyond the scope described herein; (c)
User attempts to assign, sub-license, or otherwise transfer any of its rights
under this Agreement without the consent of iLOOKABOUT; or (d) User files an
assignment in bankruptcy or is or becomes bankrupt and/or insolvent, upon the
appointment of a receiver for all or substantially all of the property or assets
of the user, upon the making of any assignment or attempted assignment for the
benefit of creditors or on the institution by User of any act or proceeding for
the winding up of its business.
Prior Agreement: Except to the extent agreed
otherwise in writing, this Agreement contains the complete and exclusive
statement of the agreement between the parties and supersedes all prior and
contemporaneous agreements, purchase orders, understandings, proposals,
negotiations, representations or warranties of any kind whether written or oral.
No oral or written representation that is not expressly contained in this
Agreement is binding on either party. Except as otherwise described herein, this
Agreement cannot be amended or modified, other than by a change made in writing,
dated and executed by the parties.
Language: It is the express wish of the
parties that the Terms of Service and all related documents have been drawn up
in English. C'est la volonté expresse des parties que la présente convention
ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Capacity:
By registering and accepting these Terms of Service, the User hereby represents,
warrants and covenants to iLOOKABOUT that: (a) she/he has the legal capacity to
subscribe and accept the Terms of Service as well as be bound by its content;
(b) he/she is at least 18 (eighteen) years of age.
Securities: Nothing on this
site is intended to be an offering for sale of iLOOKABOUT securities to the
public.
Notices: Notices may be sent to you or you may send notices to
iLOOKABOUT via either e-mail or regular mail. The Service may also provide
notification of any changes to the Terms of Service or other matters pertaining
to the Service by displaying notices or links to notices generally on the
Service.
iLOOKABOUT may be contacted at:
408 - 383 Richmond Street London,
Ontario N6A 3C4
e-mail: info@ilookabout.com
Tel: (519) 963-2015
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