TERMS OF USE
This page states the "Terms and Conditions" under which you may use WebVirtualHouse.com. (the "Website"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions. Multimedia Listings & Real Estate Marketing, Ltd. (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and
"User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Use of Web Site Content:
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal the Website functionality; and
- for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by
the user. Accessing User Videos and Photos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos and Photos are made available "as is."
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
You may access the Website Content, User Submissions and other content only as permitted under this Agreement. The Company reserves all rights not expressly granted in and to the Website Content and the Website Service.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand
and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree
to indemnify and hold Website, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
User Submissions and Conduct
As a Website account holder you may submit video content ("User Videos"), photo content ("User Photos") and textual content ("User Comments"). User Videos, User Photos and User Comments are collectively referred to as "User Submissions." You understand that whether or not
such User Submissions are published, the Website does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and
authorize the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Website, you hereby grant the Website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions in connection with the Website and its successors' and affiliates' business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Service. The above licenses granted by you in User Videos and User Photos terminate within a commercially reasonable time after you remove or delete your User Videos and User Photos from the Website. You understand and agree, however, that
the Website may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant Website all of the license rights granted herein.
The Website does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Website expressly disclaims any and all liability in connection with User Submissions. The Website does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and the Website will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Website reserves the right to remove
Content and User Submissions without prior notice.
You are responsible for maintaining the confidentiality of your customer ID and Password. You shall be responsible for all uses of your customer ID and Password whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your customer
ID and Password.
Account Termination Policy
The Website will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
The Website reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
The Website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your
User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received, The Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court
order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Website's sole discretion.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website,
overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such
violations.
User Information
When You list your home on the Web Site, You will be asked to provide the Company with certain information including, without limitation, a valid e-mail address (your "Information"). The Company will not disclose to any third party your name, address, e-mail address or telephone
number without your prior consent.
The Company's Liability
The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site Content. The use of the Web Site is at your own risk. Changes are periodically made
to the Website and may be made at any time.
The company does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use the Website or the web site content results in the need for servicing or replacing equipment or data, the
company is not responsible for those costs. The Website content is provided on an "as is" basis without any warranties of any kind. The company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of
merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the web site content, services, software, text, graphics, and links.
Disclaimer of Consequential Damages
In no event shall the company, its suppliers, or any third parties mentioned on the Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption)
resulting from the use or inability to use the Website and the web site content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
Links to Other Sites
The Website contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does
not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third party Web sites, You do so at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Web Site Content
that You use or (ii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.