VPiX® User License Agreement | VULA
Last Updated: 1 March, 2012IMPORTANT. READ CAREFULLY: This VULA is a legal agreement between you (either an individual or a single entity, who will be referred to in this VULA as "You" and "Your") and VPiX® 360 / VPiX® Corp for the VPiX® software accompanying this VULA, which includes the on-line software that you are about to access, and/or the website you have hosted with VPiX® and includes associated media, printed materials and any online or electronic documentation (SOFTWARE). By ACTIVATING your back office and / or using your Website hosted with VPiX®, You agree to be bound by the terms of this VULA. If You do not agree to the terms of this VULA, do not activate the back office and inform VPiX® in writing that you do not want VPiX® to host your website. VPiX reserves the right to update this VULA from time to time. As a customer, you are bound by the current version of the VPiX User License Agreement (VULA).
SOFTWARE PRODUCT LICENSE All VPiX® software is © 2009 - 2012 Virtual Pictures Corp (VPiX®), all rights reserved. Patents Pending. VPiX® SOFTWARE and tour creation/management tools (the back office tour creator/manager) is licensed, never sold. No ownership rights to the end user (VPiX® Customer) are either express or implied.
GRANT OF LICENSE. This Section of the VULA describes Your general rights to access and use the SOFTWARE through the VPiX® cloud appliance server through our web-based control panel. The license rights described in this Section are subject to all other terms and conditions of this VULA. VPiX® Back Office or "Tour Manager and Hot Spot Creator," refers to VPiX® Cloud Server and on-line tools which is used to create, manage and host your VPiX® virtual tours.
You, the user, are hereby granted a non-exclusive right to use this site for your own information and decision making purposes. You are free to download only the software and various VPiX® logos where allowed. You may download and use any VPiX® training or marketing materials providing that you (a) do not remove any of the copyright information and (b) that you make no alteration of such materials and use it for your own purposes whether for personal gain or not.
You may NOT use any program to download, trace or reverse engineer any section of this Web site or transfer any part of this site to another computer or hard drive. This includes the use of spiders and all attempted hacking. You may NOT probe or test this site for hidden pages, or probe or test this Web site for areas that you are not allowed to normally access. You may NOT use any program to scrape or acquire any hidden navigation or protected area of this site. You may NOT use any program to attempt to gain any personal information including credit card information on any other member of this site. You may NOT use any other person's credentials to gain access to this site and/or protected client restricted ares of this site. You may NOT scrape any MLS information from any VPiX® or VPiX® MLS server in order to repurpose it on another server. You may NOT use any information on this Website to sell leads to any other party. You may NOT take any part of this information on any VPiX® or any VPiX® MLS server and resell or transfer it to any third party. You may NOT disguise your e-mail or identity and make any request in the name of another person who is a member of this site. You may NOT attempt any SSL hacking of any VPiX® or VPiX® customer server or account in order to gain unauthorized access. You may NOT send any misleading emails or offers to any VPiX® server, or VPiX® customer account. VPiX® will prosecute violators of any infraction of the ICANSPAM act to the fullest extent possible under law and VPiX® will seek additional civil action against all such violators. Any and all such activities described above are reported to your state Bureau of Investigations (SBI) and the FBI. All access to the VPiX® site is automatically logged and includes your computer's Internet Protocol (IP) number. This information is NOT displayed on any VPiX® Web site. Please keep this in mind when using our site and our software. VPiX® servers use PhatKey Security. We know WHO you are and WHERE you are the moment you access any of our systems.
VPIX® SOFTWAREAll of VPiX®'s listing management and MLS software runs over the Internet and cannot be downloaded onto any desktop computer. Acceptance of the VPiX® software User License Agreement (VULA) is automatic once you click the I ACCEPT button when you activate any VPiX® account including a trial. You may NOT receive any refund for the VPiX® back office once it has been assigned to you and you have gained access to the VPiX® back office by your logging into the system with your username and password. Failure to read this disclaimer is not sufficient cause to warrant a refund under any circumstances. VPiX® cannot restock time to set up the back office, nor can we resell your back office to another party. All sales on the VPiX® back office whether sold individually or bundled with any camera system are final. No exceptions. You may NOT transfer or sell the VPiX® software product, access to this site to any other party or license to any other person or entity without express written consent from VPiX®.
MASHUP LICENSING FEES / VPiX 2 GOHTML 5, Adobe Flash, Google maps and other technologies, platforms and drivers are included with your VPiX® account. As with all platforms that make use of media that are enhanced by 3rd party drivers and technologies, we are never in control of costs, limits on number of domains you can export your VPiX® tours to run on, nor can we control the cost, frequency of updates or compatibility with older Web browsers or placement of VPiX® media on servers running different Operating Systems or on other platforms (Cold Fusion, ASP, etc.). As such, by using VPiX® systems, You are legally bound to pay for the most current cost of storage, usage and distribution of VPiX® media.
LIMITED WARRANTYVPiX® MAKES NO WARRANTY WHETHER EXPRESS OR IMPLIED THAT ALL OF VPiX® SERVICES WILL BE 100% OPERATIONAL AND ERROR FREE 100% OF THE TIME. ANY VPiX® SERVICE, IF INTERRUPTED WILL BE TEMPORARY, AND WILL BE CORRECTED TO A FUNCTIONAL STATE ONCE VPiX® IS NOTIFIED OF THAT A POTENTIAL SERVICE INTERRUPTION MAY EXIST. YOU, THE USER, UNDERSTAND THAT YOU HAVE TO PROVIDE YOUR OWN INTERNET ACCESS IN ORDER TO ACCESS AND USE THE VPiX TOOLS. VPiX® IS NOT RESPONSIBLE FOR ANY LOST TIME, COMMISSIONS, CLIENt CONTRACTS OR ANY PROBLEM ASSOCIATED WITH YOUR USING ANY VPiX® SYSTEM, PRODUCT OR TOOL. WE ARE NOT RESPONSIBLE FOR VIRUSES, OR ANY SOFTWARE OR HARDWARE FAILURE THAT YOU MAY EXPERIENCE BY USING ANY VPiX SYSTEM, PRODUCT OR TOOL. YOUR SOLE REMEDY OF ANY DISSATISFACTION OF USING ANY VPiX® PRODUCT OR SERVICE IS SIMPLY TO STOP USING IT. ANY ACCRUED HOSTING CHARGES, INCLUDING SEO AND OTHER VPiX® SERVICES WILL BE DUE AND BILLABLE TO YOU FOR THE PERIOD OF TIME YOU HAVE USED ANY VPiX® SERVICE.
BACKUPS OF YOUR TOURS AND IMAGESAT NO TIME TIME WILL VPiX® OR ANY AFFILIATE OF VPiX® BE HELD ACCOUNTABLE FOR YOUR LACK OF KEEPING BACKUPS OF YOUR IMAGES, SLIDE SHOWS, AGENT PHOTOS OR VIRTUAL TOURS OF VIDEOS. VPiX® PROVIDES TAPE BACK UP SERVICES, BUT SOMETIMES SOME BACKUPS MIGHT BE INCOMPLETE. ANY CLIENT REQUIRING A TAPE RESTORE DUE TO REPLACE MISSING PHOTOS, TOURS AND OTHER CONTENT DUE TO SERVER FAILURE, ACTS OF GOD, OUTAGE, VANDALISM OR BY END USER ACCIDENT WILL BE PROVIDE TO CUSTOMER AT $95 PER RESTORE, PER INCIDENT. VPiX® INCLUDING VPiX® CERTIFIED PHOTOGRAPHERS OR AFFILIATES WILL NOT BE HELD ACCOUNTABLE FOR ANY LOST TIME, OR COMPENSATORY DAMAGES DUE TO SUCH FAILURE IF AND WHEN IT MIGHT OCCUR. THE ONLY LEGAL COURSE OF ACTION AVAILABLE TO ANY CUSTOMER IS TO SIMPLY STOP USING VPiX® - KAYYAH HOSTING SERVICES. CUSTOMER UNDERSTANDS THAT THEY ARE NOT ENTITLED TO ANY REFUND IF THEY ELECT TO TERMINATE VPiX® HOSTING SERVICES.
The above disclaimer applies to any failure, omission, computer virus, corrupted file, interruption of service, defect or delays, theft, unauthorized access or use, loss of revenue, loss of time, peeved clients, headaches, missed phone calls, getting yelled at by your broker, missed closing or showing appointments, corrupted client data when importing or exporting to VPiX®'s systems or any willful acts of God.
In no event will VPiX® or any of VPiX®'s authorized agents be liable to you for any indirect, consequential, exemplary, incidental, punitive damages, including lost commissions, MLS or RESPA violations even if VPiX® has been advised of the possibility of such damages. In states where these laws do not apply, you are asked to find another listing management and hosting provider. It is not VPiX®'s responsibility to prescreen anyone from states where some or all of these laws do not apply. It is yours.
VPIX® TOUR(S) COPYRIGHT OWNERSHIP AND RESTRICTIONS.VPiX® powers many websites for many photographers. By default, all images captured by any VPiX® photographer and hosted on VPiX® servers are automatically ©VPiX, All Rights Reserved. Unless you obtain a FORM VA (Visual Arts) for a Copyright transfer in writing from VPiX® or a VPiX® certified photographer, no end-user ownership rights to any virtual tour is either expressed or implied. VPiX® reserves the right to police all virtual tours hosted on VPiX® servers to ensure they are in compliance with the VPiX® User License Agreement (VULA). Any panoramas found to have licensed music (MP3) files will be immediately deleted with little or no notice to you. Any virtual tour panorama that depicts nudity or offensive can and will be deleted with little or no notice to you. We will update our VULA from time to time with little or no notice to you. Therefore you will bound by the most current copy of the VULA. Any tour pack bought including hosting and VPiX 2 Go tours are not hosted forever, but for no period to exceed 1 year (12) months. Any change of a standard hosting account to a VPS VPiX Server or White Label account will void any previous hosting agreement and all new tours including VPiX 2 Go licenses and fees will made under a new, written license agreement.
ACCEPTABLE CONDUCT FROM VPIX® AFFILIATES AND MLS LICENSEESAny VPiX® licensee, reseller or affiliate that uses VPiX® MLS hosting technology and or 360 virtual tour technology in their own business -- reselling hosting and real property marketing services are bound to a higher standard of customer service. VPiX® will investigate and seek to resolve any customer service issues once a complaint is known. This includes but is not limited to, not posting virtual tour links in a timely manner to Realtor.com, not updating or maintaining accurate information for the listing, broker or agent, or taking money and not providing services in a timely manner to the client(s) that the VPiX® affiliate/photographer serves. Pursuant to this policy, VPiX® will charge the licensee the appropriate charges resulting from customer service neglect such as posting tours to Realtor.com. In addition, VPiX® may charge a penalty fee to VPiX® licensee for such customer neglect. VPiX® reserves the right to reassign any client who is not getting proper service to another VPiX® affiliate/photographer if VPiX® determines the end customer is not receiving adequate services that they have already paid for but are not getting.
IMPORTANT: Extreme cases of licensee business mismanagement and malpractice are defined as but not necessarily limited to: cases where VPiX® licensee has a track record of not being able to pay for recurring services to VPiX®, if moneys are being collected for linked services on Realtor.com and if the VPiX® licensee is not paying said bills or providing adequate services to the REALTORS they service. If more than ten incidents of customer complaints have been documented and if the problems continue after licensee has been advised by VPiX®, VPiX® reserves the right to terminate the license and take over the servicing of the accounts or transfer them to another VPiX® licensee with written notice to licensee. By accepting this VULA below, Licensee understands the risks of providing poor customer service.
Virtual Pictures Corporation
Attn: VULA Compliance Officer
590 Highway 105, Suite # 276
Monument, CO 80132